Rear extension under permitted development with previous side extension

[Cheshire]

Had a lawful development application turned down because the proposed rear extension connects with an existing side extension, making it a rear/side extension with restrictions on width. For context, it's a green belt application on a house that's already been extended by around 30-50%, so I'm wanting to make the most of the PD rights as a fallback position to justify what we are really after.

I've attached diagrams of the existing house. The previous side extension wraps around at the rear slightly.

If I put a gap between the rear and side extensions (see the second diagram), would the rear extension then be permissible?

I'll likely need some pre-planning advice, but hoping someone might know the answer to get a quick indication of what's likely to be possible.

Thanks!

 

[Nakajo]

With regard to recent case law (see Hilton v DCLG), I would be sorely tempted to seek a legal opinion. I think you might have a case.

 

[tony1851]

I doubt he would really need to seek a legal opinion - it's all there in black and white. He would need to re-submit and at the same time advise the planning dept to get up to speed and check Hilton.