problems with planning proposals

steevo_tabasco

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

MsAnderson

Couple of things. But fundamentally, planning is different to building regs. Planning is the land use and what-it-looks-like set of rules, building regs are the health and safety rules. You can have one without the other.

1) have you actually applied for planning permission? You say "submitted" in the opening para then say "should I pay" in the closing.
2) Each Local Authority will have a Local Plan, or Local Development Plan, check your Council's website and look for the relevant document. Check the chapters relating to development and see what the plan says. This is the document that the council use to determine planning applications. There may also be Supplementary Guidance that is relevant too. If the website isn't helping, phone the planners and ask what is in force and what is relevant.
3) Related to point 2), previous applications may have been consented under an old plan. The rules can change.
4) If you can look at the other consented applications paperwork, does their officers report mention that the elevation is to the rear/side/etc? You can get clues to help your application by looking at the reports and decision letter of previously consented apps.
5) Not all planning apps go to committee now, most will be determined by the officers theselves. There are factors which decide how it will be deterined (wade thru the docs on the Scottish Government website, if you are so inclined!!)
6) You don't actually have a case yet, so forget the solicitor. Check previous consented apps and see if anyone used an architect, arch tech or perhaps a planning consultant. Contact them and see if they will give you some free advice.

Phew - slightly more that the couple of points I first thought! In any case, I would go and see the planners and talk thru your concerns, forget the emails, a face to face is much more beneficial.

Good luck!

steevo_tabasco

Hi there,

Thanks for the info.

meant to say submitted to planning dept. for pre-approval
just wanted a 'this is ok in principle' confirmation that plans were ok to submit then was gonna formally submit the application

was actually denied a face-to-face meeting ... they said there was no point ...

think the plan was updated in april of this year

really just wanted to know how one property could be deemd a principle elevation whilst another round the corner could be deemed the rear if all the variables were the same ...
now contemplating building on other side of property, smaller garden but hey sacrifices we have to make ...

thanks
SteevO

macman

One point you should be aware of, the planning guidelines have changed many times over the years and local precedent is entirely irrelevant. Because a similar extension was allowed 2 years ago doesn't mean it will be now.
For example, I live in a street that became part of a conservation area about 8 years ago, and many of the loft conversions that were done prior to that date would never be allowed now.
It's what the current policy is that matters, not what the neighbours did in the past.

Imp

My understanding is that planners will never say "Yes" before a formal application is submitted (with the necessary fee) because it opens up a can of worms for them. Saying "No" will never get them into trouble.

planning_officer

Planners will give a good indication of 'yes', i.e. whether something is acceptable, if it plainly is!

MsAnderson

In the previous consented applications, the officers report should mention which elevation they decide the extension is going on. Armed with a google map, street view or the bird's eye job, pop into the planning dept and ask the duty planner (there should always be a duty planner on) how they deterime what a principle elevation is. As a matter of interest, who is your local authority?

steevo_tabasco

Hi there,

local Planning Authority is Fife Council (Scotland)

already provided a google maps view (with highlighted areas showing a list of the properties with extensions on same side as our proposed extension ... didnt make any difference - also to supplement this i went round each of the propeties taking photos as further evidence tried to show both elevations / extension in question / road access / footpaths etc ...

have contacted the Planning Advice Scotland (PAS) group who looked at the properties and agreed that the other extensions are to rear then mines could also be classed as the rear ... unfortunately they have no authority and as there name suggest advice !!

cant find how to upload attachment or i would stick it all up for all to view ...

Thanks,
Steven

System

steven,
It's hard to get my head around as i can't see the plans or surroundings, but - it might be worth looking at appointing a planning consultant for this, have a look in your local area, if not i could suggest someone (but in argyll and bute) their knowledge of current clauses and policies should be better than an architects.
If you speak to the planning department they will say there is no precedent in planning, therefore even if your neighbour has done it, it doesn't mean you can! quite frustrating sometimes.... but if you could get a planning officer out on to site it would be more useful than photos or letters.
If they still do not think it is appropriate, you should submit the application anyway, along with a supporting statement from the planning consultant, and if it goes to appeal it goes to appeal, no one can really tell what the outcome would be but if you've submitted a reasonable application and placed it in scottish planning terms they should have a hard job refusing.