Planning Application / Permitted Development Conflict

[romeo_romeo]

Hi All,

We are based in Scotland and intend to extend the 1st floor of our property by creating two additional bedrooms in two separate modifications;
(1) New Rear Dormer at centre of house
(2) Replace Garage Roof c/w Front Dormer - I was previously advised by
(... the two modifications would not be directly connected)

I made an earlier email enquiry to Planning and was advise that Item 1 on it's own should constitute a Permitted Development (subject to final dimensions meeting the clauses, which they would). They also advised that Item 2 would require Planning Permission. I agreed with their advice.

We later made a decision that we would like to go ahead with BOTH items 1 and 2. As we would like to do all of the work at the same time then we submitted both together on a Planning Application. Unfortunately our neighbours to the rear have made Complaint regarding the Rear Dormer only on grounds of Impact on Privacy and we have just been advised by Planning that they will be rejecting this part of the plans - due to impact on neightbours, and also regarding the proposed design (flat sarnafil roof, timber clad.... not in-keeping, apparently). They are happy to approve the plans if we modify to garage roof only.

We are now in two minds about what to do;

1) Leave the plans as-is and allow the PA to be Rejected, then submit an Appeal on the grounds that the reason for rejection could be developed as a permitted development anyway. Would an appeal be approved on these grounds or do the views of the Planning Officer on the whole development hold precedence, regardless of PD aspects?

2) Remove the Rear Dormer from the plans, get them approved, get the work complete and then immediately proceed with the Rear Dormer as a PD. Presumably we would need to wait for Completions Certificate for the Garage Roof before commencing the Rear Dormer?

3) I guess we would want to get a Lawful Development Certificate for the Rear Dormer. I am unclear if there is any way that the Rear Dormer could be rejected as a PD on the grounds that a previous PA for this modification was rejected. Are previous decisions of local Planning Officers ever considered as part of PD's / LDC's?

Any advice or information would be a great help. If I've missed any other options or info then please just let me know.

Cheers!

 

[Swwils]

Why don't you speak to the neighbors?

 

[romeo_romeo]

Hi Swwils, I do plan to speak with them however I would prefer to be sure about the rights and rules regarding PD first. I wouldn't like to shoot myself in the foot. I don't expect them to back down from their objection as they have only recently moved in (house sale was finalised as our drawings were being prepared for submission). Further suggestions or advice welcome.

 

[Notch7]

I am unclear if there is any way that the Rear Dormer could be rejected as a PD on the grounds that a previous PA for this modification was rejected. Are previous decisions of local Planning Officers ever considered as part of PD's / LDC's

AFAIK Permitted development rights remain intact, so if a scheme requiring full planning gets a refusal, it is still possible to revert to PD.

LDC is a wise decision as it removes any possibility of you interpreting PD grey areas incorrectly.

 

[romeo_romeo]

Thanks for your view Notch7