Planning query to change a window to a french door

toffee'n'tom

We bought a plot of land with detailed planning permission for a bungalow and are nearing the end of the build. Initially all the neighbours objected to the planning (it is a fairly affluent area and they didn't want a property 'in their back garden'). Two bedrooms are east facing and we decided to replace the windows with french doors. The opening is the same. Theg property is slightly raised at the east end due to the sloping plot so we had the choice of whether to back fill to 150mm below damp proof or not. We decided that a balcony would be a good addition and (on the wrong advice of our architect) we applied for a non material amendment for the balcony and doors. planning advised it would need a full application. so more money and the application was made. it was refused. neighbours had objected - this is an extract from the planning officer -" hereby significantly affecting the current private amenity that they presently enjoy. We would therefore advise that the proposed decking/ balcony be omitted from the scheme. It is noted that the bedroom windows have already been constructed into French windows, I can confirm that the LPA would not have significant objection to this aspect and a Juliet balcony maybe an acceptable alternative should your client wish submit this amendment." We met with this planning officer in person (very young and inexperienced as it turns out and is now off on long term sick leave). She advised, as per her email, to make a non material amendment for the french doors only which we did. It was acknolwedged and when nearly two months had elapsed and we hadn't heard anything we contacted planning and were told - 'unfortunately this cannot be considered a non-material amendment as it will have an effect on neighbouring amenity and thereby is considered a material alteration which would require planning permission'!!! (totally on contradiction of their advice) However in her attached letter it stated - The proposed amendments (provision of french doors and juliette balcony in place of the approved windows) would have a material impact on the character and appearance of the building which go beyond that which can reasonably be termed a non-material amendment and require the submission of a new Planning Application in order for the revisions to be fully considered and consulted upon!!! so completely different. And totally contradicting the advice we were given.

We feel we are now going round in circles and I'm convinced that neighbours have influence in the planning/council.


I would point out that the french doors/windows do not directly overlook any property. There are trees and planting screening the properties. The nearest property is 38 meters away. We do not propose to construct a balcony or decking. The doors are in bedrooms. We cannot see anything more from the door than we could from the window. If we wanted we could stand or sit outside the original window without anyone's permission.


We have sought the advice of a local architect who cannot see why this is causing such a problem. His view is it is a non material amendment, it is not directly overlooking any habitable rooms and the nearest property is 38 meters away.



We are looking to seek the advice of someone who specialises in appeals against the council, but in the meantime I would be grateful for views as to whether firstly it is a non material amendment; can we do anything about the council's wrong advice and sending us on a wild goods chase; when does it become householder permitted development - can we wait until we move in and we won't need any permission? does this outstanding query with planning affect the passing of the property with building regs and obtaining the warranty?


Sorry for the long post for thanks in advance.

EachPenny

toffeentom wrote: »

We feel we are now going round in circles and I'm convinced that neighbours have influence in the planning/council.

Everybody has influence in the planning process, it is why the process is carried out by a public body which notifies/consults people who may be affected. If you are suggesting there may be backhanders, or mates helping mates, then if you have any evidence you should bring this to the attention of the Council's monitoring officer. However, allegations of this type normally happen because someone is unhappy they didn't get the decision they wanted, not because there has been any wrongdoing.

toffeentom wrote: »

We do not propose to construct a balcony or decking.

You say that now, but then originally you didn't propose to put doors in the bedrooms, and subsequently changed your mind. Then you wanted a balcony/decking, but again have changed your mind. Can you see this from the perspective of the neighbours and the planning authority?

toffeentom wrote: »

We have sought the advice of a local architect who cannot see why this is causing such a problem. His view is it is a non material amendment, it is not directly overlooking any habitable rooms and the nearest property is 38 meters away.

It isn't clear from your post whether the doors have already been put in, but as you are nearing the end of the build I assume so. You applied for consent to build with windows, but have put doors in instead - without obtaining prior consent for the change. If so, that's the most likely reason for the 'problem'. If you've already demonstrated a willingness to say one thing and do another, then the planning authority will take into consideration that the same thing might happen again, especially if this is what the neighbours are saying you intend to do.

Why do you want the doors if you don't want a balcony/decking?

toffeentom wrote: »

...when does it become householder permitted development - can we wait until we move in and we won't need any permission?

...and this might just confirm the suspicions the neighbours/LPA have. If you are hoping that doors rather than windows might become permitted development, then what's to stop you thinking a nice balcony will also be permitted development in due course?

The answer to your question depends on the consent you already have. Many LPA's will now remove all PD rights from new build properties to prevent future occupiers circumventing the original consent. If this applies in your case then PD will not apply, and you would need to obtain full consent in accordance with what the original consent specifies.