Permitted development rights removed

[awaitcall]

During my PP aplication for change of use planning officer rang me to say that we could aprove aplication but we might have to consider removel of permitted development rights.

Now i have been granted change of use and a decision letter has been emailed to me. No mention of any conditions on the letter.

Should the information be on the letter or do they input the removal rights on a database

 

[freddiemercurystwin]

Any conditions are attached to the approval letter.

 

[awaitcall]

Please forgive me if i sound abit thicko. This is a paragraph from the condition of the decision letter:
Notwithstanding the provisions of the Town and Country (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 (or any order revoking and re-enacting that Order with or without modification), upon of the grant of this planning permission no development shall take place within Classes A, B, C, D, E and G of Part 1 of Schedule 2 of the said Order (or any order revoking and re-enacting that Order with or without modification), unless a planning application for that development has been first submitted to and approved by the local planning authority.
Reason: In the interests of visual amenity and in order to protect the amenities of the occupiers of neighbouring properties and to comply with Policy Env7 of the Hyndburn Core Strategy and the Hyndburn Householder Design Guide (SPD).

Does this mean that pd rights have been removed?

 

[awaitcall]

If it has been removed can i contest it?

The property is not listed, not in a conservation area or of any heritage background.

How difficult is it to contest?

 

[freddiemercurystwin]

Yes for Classes A, B, C, D, E and G.

Have a read here for clarification on Classes: http://www.planningportal.gov.uk/uploads/100806_PDforhouseholders_TechnicalGuidance.pdf

Basically you can't even take a crap without Planning Permission!

 

[freddiemercurystwin]

If it has been removed can i contest it?

The property is not listed, not in a conservation area or of any heritage background.

How difficult is it to contest?

You can appeal it if you think the planners were not justified in applying that condition. But we don't know anything about the App so can't comment further.

 

[awaitcall]

How difficult is it to contest it?

I was thinking of having a side extension of 7 metres(its a detached property) under the prior approval scheme.

But now i have to apply for PP. at least i don't have to pay a fee

 

[freddiemercurystwin]

Its not that hard I believe, though I have never actually done an appeal, I always get my permissions!

Anyway the Neighbourhood Consultation Scheme only applies to rear extensions.

 

[jeds]

A householder appeal is pretty straightforward. Go to appeals on the planning portal for info. There is no cost. There are two ways to appeal though - you will have to decide which is best for your situation. Either way will take about three months.

 

[Bishee1999]

Thanks jed.

Or i can be a nuisance to planning dept since its free il probably become a serial aplication submitter

 

[freddiemercurystwin]

 

[jeds]

Thanks jed.

Or i can be a nuisance to planning dept since its free il probably become a serial aplication submitter

That's ok but they have they power to refuse an application if they think you are doing it just to be a nuisance.

 

[rjm2k]

But now i have to apply for PP. at least i don't have to pay a fee

Only if its something that would have been pd

 

[tony1851]

How difficult is it to contest it?

I was thinking of having a side extension of 7 metres(its a detached property) under the prior approval scheme.

But now i have to apply for PP. at least i don't have to pay a fee

A side extension is not acceptable for the prior notification scheme - that only applies to rear extensions.

 

[awaitcall]

7 metres side extension less than 50% of the land and less than 50% of width of the house.

Does this come under PD?