Permitted Development/Planning Permission interpretation of 2 storey extension

[Rothman]

I should think they would have to. Their legal department should keep the Planning dept up to speed on any legislation or case law affecting Planning.
Law always takes precedence over policy.

Presumably if a council refused something and an applicant appealed, on the basis of Hilton they could make a claim for costs against the council, because in not applying the relevant law, the council could be taken to have acted unreasonably.

So I had a very quick look over the case mentioned, and from what I gathered from it (I'm currently working so cannot read it in full):

• the applicant originally had a 2 storey extension under PD/PP
• the applicant wanted to extend the ground floor further, but falling under PD
• it got refused by PP

So in my case, I could get a 2 storey 3m extension on one occasion, and then at a later date apply for the ground floor to extend another 3m to a full 6m, and in each case both fall under their own sections of PD?

 

[Nakajo]

Thinking out loud, the 6m extension is subject to the Prior Approval process, but the 2 storey, 3m extension is not.

So, my understanding is that it would operate as follows:

- Submit a 'plan' for Prior Approval showing the 6m extension
- Once the LPA have confirmed that approval is not required, then you're clear to go ahead and build the 3m, 2-storey extension and the 6m single storey extension - provided that the 3m extension complies in all other respects with the PD rules!

 

[Rothman]

Thinking out loud, the 6m extension is subject to the Prior Approval process, but the 2 storey, 3m extension is not.

So, my understanding is that it would operate as follows:

- Submit a 'plan' for Prior Approval showing the 6m extension
- Once the LPA have confirmed that approval is not required, then you're clear to go ahead and build the 3m, 2-storey extension and the 6m single storey extension - provided that the 3m extension complies in all other respects with the PD rules!

And that's because the 2 storey 3m falls under PD right? Would it be important to do it in that order? In my case could I build the 2 storey 3m under PD and then submit the 5m alone which would only mean extending the ground floor by 2m?

 

[Nakajo]

I don't think it makes any difference. But I may be reading to much into the Hilton judgement.

 

[Rothman]

I don't think it makes any difference. But I may be reading to much into the Hilton judgement.

I think I've got the information I need anyway. The council and the neighbours were disputing my original upstairs plan as it was at 4m, but as I've shaved it back to within the confines of PD (and it doesn't protrude beyond the neighbours house anymore), I'll just have to see what the decision is in a few weeks.

Thanks to this thread though I've been able to find all the information I need in case it goes to appeal.

Would I get to see the appeal inspector to plead my case if it got that far?

 

[Nakajo]

There's no application as such, so at present there's nothing to 'appeal' !!?

 

[Rothman]

There's no application as such, so at present there's nothing to 'appeal' !!?

I'm currently at the second stage of planning permission with my council. If it gets rejected again then it goes to appeal.

 

[Nakajo]

My understanding was the amended scheme fell within the parameters of permitted development - so I must have missed something.

Assuming yours is a Householder Application, then the options for appealing the decision are rather limited. Officially, there's no option to engage with the Appeal process, but in practice Inspectors ussually like to visit the site, at which point it can happen that the appellant gets a chance to put a few words in in support of their proposal.

 

[Rothman]

My understanding was the amended scheme fell within the parameters of permitted development - so I must have missed something.

Assuming yours is a Householder Application, then the options for appealing the decision are rather limited. Officially, there's no option to engage with the Appeal process, but in practice Inspectors ussually like to visit the site, at which point it can happen that the appellant gets a chance to put a few words in in support of their proposal.

Well the amended scheme means 5m downstairs and 3m up, which I'm hoping is acceptable, but planning permission states that between 3-6m downstairs requires neighbour consultation. As I said before, the problem was with upstairs being too big (especially when the neighbour who complained that isn't attached to us has their attached neighbours with a 6m conservatory [yes I know that falls under different rules]), so I'm hoping downstairs will get handwaved completely and the focus on upstairs means that 3m is permitted regardless.

Originally our case handler at the council suggested reducing the distance to 1.5m upstairs!