Kitchen Extension Permission Refused

kopper

Hi
I recently purchased a house and submitted plans to have the kitchen extended through an architect.
I now noticed online that the planning permission has been refused with the following reason:

" Your prior approved notification has been refused because the enlarged part would be attached to its first floor rear back addition thereby forming a side/rear wraparound extension with a width greater than half the width of the original dwellinghouse and therefore does not comply with Article 3 schedule 2 part 1 class A of the Town and Country planning (General permitted development) order 2015. "

Before I speak to the architect and council, can anyone tell me whether this is probably caused by the plans inaccurately submitted by the architect or whether the neighbours refused permission?

Thanks

System

All that means is that it doesn't meet the requirements for permitted development - you can still apply for planning permission

kopper

the_r_sole wrote: »

All that means is that it doesn't meet the requirements for permitted development - you can still apply for planning permission

So do I need to appeal or apply again?

Rain_Shadow

Doesn't look like you've applied for planning permission, just notified them of your intentions under permitted development.

Did your architect not go through the options with you?

I suggest that you discuss it with your architect.


I've just had an extension built and while it could have proceeded under permitted development my architect suggested that obtaining full planning permission would be a better course.

System

kopper wrote: »

So do I need to appeal or apply again?

You have to apply for planning permission - there is no point in appealing this as it would purely be an argument about the finery of pd law and nothing to do with your extension - unless there is further evidence that supports it confirming the size of the original house.
I would just go down the planning route now, it costs the same, takes the same amount of time as the certificate of lawfulness and you generally need the same information

Rain_Shadow

the_r_sole wrote: »

I would just go down the planning route now, it costs the same, takes the same amount of time as the certificate of lawfulness and you generally need the same information

Thank you! I just couldn't bring that term to mind in my earlier post
:beer:

kopper

the_r_sole wrote: »

You have to apply for planning permission - there is no point in appealing this as it would purely be an argument about the finery of pd law and nothing to do with your extension - unless there is further evidence that supports it confirming the size of the original house.
I would just go down the planning route now, it costs the same, takes the same amount of time as the certificate of lawfulness and you generally need the same information

Sorry I was under the impression that my architect applied for planning permission and not permitted development. Before I speak to him I just need to make sure whether he was negligent and applied for the wrong thing.
Do you normally apply for permitted development first before applying for planning permission? He did charge me £450 for this so I need to know if I was misinformed.

Thanks

bengalknights

Generally it comes down to the size planning permission would relate to those that could cause distress to neighbours and environment etc where as permitted is mainly a notification of intention

Rain_Shadow

kopper wrote: »

Sorry I was under the impression that my architect applied for planning permission and not permitted development. Before I speak to him I just need to make sure whether he was negligent and applied for the wrong thing.
Do you normally apply for permitted development first before applying for planning permission? He did charge me £450 for this so I need to know if I was misinformed.

Thanks

Did he not put his intended course of action in writing to you when you engaged him? What did he put on his fee note when he invoiced you?

Rain_Shadow

kopper wrote: »

" Your prior approved notification has been refused because the enlarged part would be attached to its first floor rear back addition thereby forming a side/rear wraparound extension with a width greater than half the width of the original dwellinghouse and therefore does not comply with Article 3 schedule 2 part 1 class A of the Town and Country planning (General permitted development) order 2015. "



Thanks

kopper wrote: »

Sorry I was under the impression that my architect applied for planning permission and not permitted development. Before I speak to him I just need to make sure whether he was negligent and applied for the wrong thing.
Do you normally apply for permitted development first before applying for planning permission? He did charge me £450 for this so I need to know if I was misinformed.

Thanks

I would have thought he should have been aware of the provisions of the town and country planning order mentioned in the decision. It's precisely this sort of specialist knowledge you expect to get access to when you engage the services of a specialist.


However, I wouldn't be screaming negligence at the first opportunity. Show him the decision and ask how you fell foul of it. He may just admit his error and do a PP application for nothing.

System

kopper wrote: »

Sorry I was under the impression that my architect applied for planning permission and not permitted development. Before I speak to him I just need to make sure whether he was negligent and applied for the wrong thing.
Do you normally apply for permitted development first before applying for planning permission? He did charge me £450 for this so I need to know if I was misinformed.

Thanks

It doesn't look like the application is for planning permission - I wouldn't say it's negligent or the wrong thing to apply for if they thought it complies with the permitted development rules, however they should have informed you what the application was for - all this application is for is to confirm that the proposal meets the requirements for permitted development, a planning application judges the proposal against the local plan - there's not really a right or wrong way if you think it meets pd