Planning rejected. Next steps?

[RichA]

I have just had my planning application rejected. I live in the Greenbelt and the reason was disproportionate addition to the existing dwelling which would constitute inappropriate development in the Green Belt.

My strategy to this point had been:
1 — Apply for Planning for a modest side extension (73m2) – approved
2 — Apply for LDC (PD) for a 3m 2-storey rear extension (87m2) – approved
3 — Apply for Planning for a 3.6/4.2m 2-storey rear extension (147m2) with [1] & [2] as fallback** position.

[** council did not feel the fallback existed as (i) no way to implement both in full due to dormers in 1st app conflicting with PD roof, and (ii) question over likelihood of actually building fallback as (a) submission of a new app and (b) not having commenced building either permission indicates there is no current desire to implement.]

I need a strategy to move forward. I am therefore considering building the fallback but would prefer to make a couple of adjustments; such as adjusting roofline (South gable to hip), rear dormers, bay window. Given there are not permissible under PD what are my options?

I can submit an app for the fallback position with these adjustments. But is this likely to be viewed in the same light as my last application?!?

Or do I do an application just for the fallback. And then add the changes via a minor amendment. Is it 'normal' to submit an app for something already approved so as to firm up the permission for an alteration?

[Existing, App, PD & 2nd App & roof plans attached]

 

[^woody^]

You can't keep submitting applications for schemes that are similar to ones previously decided.

 

[RichA]

Thanks. How does that work on a practice basis. ie I have a CoL for a 2 storey rear, but want to add a dormer. Am I allowed to submit an application?

Would an app that would be refused as a standalone app (overdevelopment of Greenbelt) be likely to succeed if identical to PD, with a dormer.

 

[^woody^]

In that scenario, the application would be just for a dormer, not for an extension with a dormer.
Schemes are assessed as a whole, so an extension may be viewed totally differently with a dormer than it would be without.

If you plan to alter the design to what is in your LDC, then you will need to either submit another LDC or full planning app. You can't amend and LDC.

Likewise for what is and is not PD, if its not PD, you need to apply.

If you re-apply for permission, then your new application needs to address the concerns and the points that the previous one failed on.

 

[RichA]

Thanks, the dormer would make the PD extension not PD, so in this regard that narrows down choice to:
1. apply for full app for extension+dormer, using PD as fallback; or 2. build extension without dormer, then apply and add the dormer.

The previous application failed as considered disproportionate development in Green Belt. Applied for +70% floor area versus their 'limit' of +35%. Given that PD allows at least +55% I haven't got anywhere to go with an application so have to use a fallback position (i.e. this wouldn't be worse than could be achieved under PD) as leverage on any full planning app.

Having considered my options for the total build they seem to be:

1. Appeal**
2. Build the PD & Dormer (as above)
3. Build PD & Side** (attachment 2+3), then apply & add a dormer
4. Strengthen the fallback position by re-applying for PD & side application so that they don't conflict.

** the fallback was rejected as it contended that an application for 2-storey side extension and a separate rear dormer window could not be implemented in full (as the dormer sits on a bit of roof that is changed by the preceding PD) so they excluded the side extension from the fallback equation. Can an approved application be part-built if the application contains separate parts? e.g side extension, separate dormer, porch. Can the council take action if you only build the side extension and not the dormer or porch? Should they have discounted this from the fallback on the basis of an overlap with the dormer?