planning application verbally approved then refused!!

A

aysegul12

I made a "permitted" planning application over 3 months ago. It is to take advantage of the increased single storey for semi-detached.
 
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I suspect the question is in the thread subject. Sounds like the old story of "inspector said it would be OK, but then they turned me down". It's been said (in various ways) several times before in here that a verbal "approval" isn't worth the paper it isn't written on.
 
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I made an application under the new prior approval scheme enabling me to extend from 3 to 6 metres on my semi detached property.
 
http://www.planningportal.gov.uk/uploads/neighbour_consultation_scheme_guidance_may13.pdf
Wherein it says:

"If the local authority does not notify the developer of its decision within the 42-day determination period, the development may go ahead."


He advised that i would need to make a certificate of lawfulness application
According to the DCLG

"There is no need for residents to purchase a Lawful Development Certificate from the council to provide certainty that they have the rights to extend their home."
 
The OP has been messed around. If I read correctly, his Prior Notification application was for a rear and side extension combined?

The LPA should have advised at the outset that this would not be acceptable under the scheme, and they should have advised him of that.
 
original house and green is the new proposed side and rear extension.
 
so i can go ahead and build?
That would be extraordinarily inadvisable.

As Tony says, they have messed you around, but you don't get to build things without PP which need it as a consolation for being messed around.

Yes, they should have told you straight away that it did not qualify as PD under the new scheme, but then again you should have known that it did not and not initiated the sorry mess by putting in the application in the first place. The rules are clear, plainly written, and unambiguous - the temporary relaxation of PD limits applies to rear extensions, not side.

You need to apply for PP in the normal way, and that's all there is to it.
 
I feel that saying that i as a first time applier and not used o making planing applications have in some way have caused this is totally unacceptable and unhelpful.

You would be correct in saying this if i was an artitect and was used to applications of this nature.

THIS WAS MY FIRST EVER APPLICATION. I FOLLOWED THE CORRECT PROCEDURES TO THE BEST OF MY ABILITY AND TAKING ACCOUNT OF WHAT WOULD BE DEEMED ACCEPTABLE. As i pointed out before 2 doors down the exact same depth width (both side and rear) was accepted under the prior approval scheme. So would me using this as an indication make me wrong or the fact that they have approved something they should not have.

it is not my job or experience to advise whether this is permitted or not hence the reason i made the application.

It however is the job of the local planning officer to point out that it was not permiited hence the reason they have given 42 days.

If as you say i caused this then it was the role of the officer to advise it was wrong and not advise me to make irrelavent applications that would fail.

I feel that the advise recieved has not cleared my mind in this case and will seek legal advise.

Please bear in mind that people that come here for advise do so because they are inexperiened.
 
Can you post a bigger image of your plan? That way you might get more responses, and perhaps advice as to how to get the best out of it vis-a-vis planning rules
 
I feel that saying that i as a first time applier and not used o making planing applications have in some way have caused this is totally unacceptable and unhelpful.
I'm sure you do, but then you don't see why you should actually have to know anything, or why you should have to read the official guidance on Government websites.


You would be correct in saying this if i was an artitect and was used to applications of this nature.
No, I'm correct in saying it because it was your responsibility to know what you were doing and to read the official guidance on Government websites.


THIS WAS MY FIRST EVER APPLICATION. I FOLLOWED THE CORRECT PROCEDURES TO THE BEST OF MY ABILITY AND TAKING ACCOUNT OF WHAT WOULD BE DEEMED ACCEPTABLE.
If you'd bothered to read the official guidance on Government websites you would have seen that it would not be acceptable.


As i pointed out before 2 doors down the exact same depth width (both side and rear) was accepted under the prior approval scheme.
No you didn't.

How do you know that it was accepted like that?


So would me using this as an indication make me wrong or the fact that they have approved something they should not have.
Both.


it is not my job or experience to advise whether this is permitted or not hence the reason i made the application.
Indeed. But it was your job to read the official guidance on Government websites and find out the rules.


It however is the job of the local planning officer to point out that it was not permiited hence the reason they have given 42 days.
Absolutely.


If as you say i caused this then it was the role of the officer to advise it was wrong and not advise me to make irrelavent applications that would fail.
You have not told us what he advised you to do.

Sure it wasn't to submit a formal PP request?


I feel that the advise recieved has not cleared my mind in this case and will seek legal advise.
If that will make you feel better. I trust that you have got everything in writing, and that you won't be relying on unprovable "but the council said..." claims?

Please let us know what your solicitor advises you to do.


Please bear in mind that people that come here for advise do so because they are inexperiened.
Indeed.

But you didn't come here because you were inexperienced and wanted to learn what you needed to know to be able to plan an extension, you decided that you didn't need to know, that you didn't need to find out what the rules are, and then you came here moaning because things went wrong for you.
 

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