problems with planning proposals

[steevotabasco]

Good morning all,

Looking for some advice on planning & if I Can do anything else in my quest ?!?
Im a Mechanical Engineer - so no professional building trade / planning experience, living in Scotland. Currently planning to build an extension, I have drawn up an extension proposal and have submitted to local planning development services.
after much emailing and chasing with the allocated tech the response I received was unfavourable (they have deemed the extension was to the principal elevation and hence shut the doors on the plans)... now here’s where my problem is - there are about 10 properties in the area, with extensions to the same side as my proposal some built within the last 2 yrs ?
(How can the planning services approve 1 but refuse another?) I submitted quite a large portfolio with photographs of the properties with these extensions along with a map of the area indicating these properties in regards to my own ...
with my limited (well lack of) experience relating to planning rules & reg's how can my principal elevation be different to someone elses property, they have deemed the others to be rear extensions - even if the extension fronts the road (highway) / the letter box (front door) / access all are the same as my own , really cant get my head round it

I have checked the councils website and all properties are planning approved
1x property has only the approved building warrant (but the council say this is unauthorised - are they lying ? how can a property have the warrant approved but be unauthorised ?)

Should I pay for a planning application and hope that a planning committee approve the decision would an architect with more knowledge of the laws & regs be able to fight my case better or should I employ a solicitor to fight my case ??

any advice would be greatly appreciated - I can post all relevant doc's & email trails if required

thanks,
Steven

 

[steevotabasco]

please see jpegs showing
map of local properties
my house
exetension examples

//www.diynot.com/network/steevotabasco/albums/5816


thanks
Steven

 

[freddiemercurystwin]

When you say you have submitted your plans etc to the Planners what do you mean exactly. Have you applied for official pre-planning advice? Presumably when you received the advice that it would not be acceptable did you then send in your photos etc? All local authority's have planning guidelines that they follow called the 'local plan'. Has the local plan been altered in the last year or so, so that front extensions are no longer permitted? You need to find out why they would not recomend it for approval. It would be worth you tracking down a copy (usually they are online somewhere your Planning Department should tell you how to find it as they are sometimes quite well 'hidden') and check what it says about extensions etc. In my experience front extensions are generally frowned upon in all locations. As annoying as it can be, just because your neighbours have done certain things, it does not always follow that you can do the same. In any case I think I'd be inclined to submit the application and then appeal it. Depending on what grounds they appeal it on it may be worth employing a (cheap) Planning Consultant (who specialises in appeals) handling the appeal. Solicitors in Planning Cases such as this are irrelevant.

 

[steevotabasco]

yeah submitted plans thru the pre-approval channels as wanted the planning dept. to confirm 'in principle' that extension would be acceptable - then was gonna submit full planning application ... after the initial refusal i supplied the supporting evidence (well first off i trawled thru the council planning website & listed all the property that were 'approved' in the area quoting there planning ref No's - sent that in - was told these were al rear extension - then i sent in the photo evidence ... which still had no effect
i really cant understand how they say a houses principle elevation is there then on another house say its different even though to me everything is the same way round ?
A house round the corner has built on principle elevation but they (council) claim it is rear !!
it is fronted by the same street drive on to park @ the houses letter box is on that side & there is a path on the other side of the property (same as ours)

- the only reason i really want to extend on this side is that the 'front' is the larger garden and because property face east/ west the smaller garden get the afternoon/evening sun - don't really want to mae the smaller garden smaller still but sticking up a conservatory or sunroom - although that is what we are now contemplating ...

think the last rev of the plan was april 2010

Thanks
Steevo

 

[freddiemercurystwin]

In any case I think I'd be inclined to submit the application and then appeal it. Depending on what grounds they appeal it on it may be worth employing a (cheap) Planning Consultant (who specialises in appeals) handling the appeal.

You've produced the planning application info already so its gonna cost you £150 to put in a full App. If you need to appeal it you should be able to find someone decent (cheap) for say around £500 to handle the appeal. So its not gonna cost the earth to apply. It is possible that if you were to win you will get costs awarded to you but only if the council have not done things by the book. What have they changed in the local plan? Anything about extensions?

A reasonable Planning Consultant may be prepared to give you their opinion now before you stick the App in!