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
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