Removal of PD rights.

Joined
21 Oct 2013
Messages
227
Reaction score
18
Country
United Kingdom
Hi all, thanks in advance for any responses.

We have had planning approved to build a new house. They have removed PD rights for extensions, roof enlargement and outbuildings. It is our belief that these conditions are not reasonable or necessary.

At the same time we have just won an appeal on a previous application. The inspector only removed PD rights for dormer windows in the two side elevations, not for any other reason.

We are waiting for the bank to tell us if we can demolish our property. Should they say yes we will build the revised permitted design. If they say no we are likely to build the Appeal design.

If we build the revised design I would like to challenge the PD removal based on the inspectors decision, however I have discovered that should I appeal against the conditions then basically they assess the whole application again and could refuse the whole thing. Whilst I am sure this wouldn't happen I would prefer not to take the risk.

Therefore it seems the process is that I need to apply for a Condition removal / variation with the council. Should the council refuse that then I can appeal their refusal with the planning inspector and they only look at the condition itself and not the whole application. Please can someone confirm this is the best / right process.

Thanks
 
Sponsored Links
however I have discovered that should I appeal against the conditions then basically they assess the whole application again and could refuse the whole thing

Where did you discover this?

An appeal can be made even after the permission has been implemented, as long as its within the time limit. You would only appeal the conditions, and the inspectorate can only vary the conditons, not the permission itself. Bare in mind that the inspector can look at and alter all conditons not just the appealed condition.
 
Hi Woody

From the following link

https://www.gov.uk/guidance/use-of-planning-conditions#discharging-and-modifying-conditions
  • Appeal to the Secretary of State against the decision of the local planning authority to grant planning permission subject to conditions. An appeal must be received within 12 weeks of the date on the decision notice for householder planning applications or 6 months for other planning decision types. A Planning Inspector on behalf of the Secretary of State will re-determine the whole application (not only the decision to impose the conditions) – so there is a risk that the Inspector could refuse planning permission and therefore reverse the decision of the local planning authority. Further guidance on appeals.
 
Eddieed, you can see that there are two bullet points at the link you provided. You'd only be concerned with the first bullet point - an appeal made under section 73
 
Last edited:
Sponsored Links
Eddieed, you can see that there are two bullet points at the link you provided. You'd only be concerned with the first bullet point - an appeal made under section 73

That’s my point, I need to apply to have the condition removed by the council first, should they say no then I need to appeal that decision, because if I base the appeal on the approval with conditions then the inspector could decide to overturn the whole decision by the council (probably unlikely I know but still a risk).
 
Except in an error of law (unlikely) an appeal under section 73 cannot quash a decision.
 
You need to read the risk in context. The inspectorate can not reverse a decision properly made, nor one already implemented.
 
Sorry but I am now more confused. I realise there is more context but the link above sayd if I appeal the conditions on the planning then an inspector will re assess the whole application and could refuse it - from what you have said they could refuse it but this is highly unlikely as the council have already stated it meets their policies etc.

If I apply to ammend or remove the conditions (under section 73) with the council then should they refuse the ammendment, then I can appeal their decision and that cannot alter the planning permision granted but they can alter all the conditions.

Final question - this was an application to demolish existing bungalow and build a replacement house - does this have a 6 month time limit for appeal or a 12 week time limit.

Thanks
 
Without looking at the details, it's probably a fair thing to do. The council have given permission to build a property in accordance with your plans, If they do not remove your PD rights, you could put in a modest plan and then build an 8m rear extension, then covert the loft with two full length dormers, add a conservatory, a side extension etc. all of which might start to look out of place.

I was looking at a house earlier this year that was built as a 4 bedroom house, and then the developer immediately converted the loft to create two new rooms. ****ed the neighbours off, who had raised concerns about being overlooked etc - but was within his rights. Councils are more wary of this now, especially because so much can be done under Pd.

Out of interest, what are you planning to build? I assume you want to make changes after building?
 
I want to build the house I have permission for... I just don’t want to be restricted I. The future, I certainly don’t want to have to apply for permission to put a shed in my garden, which I will at present!
 
Until the permission is implemented, your PD rights remain intact. So, if you do have any concerns, just make sure you carry out the PD works first. So, build the dormer windows and the pd compliant shed first; then enact the planning permission.
 
Until the permission is implemented, your PD rights remain intact. So, if you do have any concerns, just make sure you carry out the PD works first. So, build the dormer windows and the pd compliant shed first; then enact the planning permission.
But this is for a new build - can#t build dormers before the foundation is done ....

It does seem a bit harsh regarding outbuildings - can you submit a seperate planning application for a shed, so at least you can have that. Any garage should really be part of the main new build desings. Is it not possible to amend the plans with everything you might want, e.g. sheds, greenhouses, bin storage, bike storage etc - you don't have to build right away...
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top