Planning permission refusal

starM

Hi.

We made an planning permission for 6m extension. It was 50% under planning and 50% under pre notification.

Unfortunately the application was refused due to 45 digrees rule. The planning officer also said the other properties only has a small extensions.

Can this be appealed?

Thanks

sevenhills

starM wrote: »

Unfortunately the application was refused due to 45 digrees rule. The planning officer also said the other properties only has a small extensions.

Can this be appealed?

Thanks

The 45-degree rule also known as the 45-degree code and 45-degree guide is a method used by Local planning authorities to measure the impact from a proposal on sunlight and daylight to neighbouring properties.


Without knowing the application in question, is your neighbours sunlight reduced?

Newuser1987

starM wrote: »

Hi.

We made an planning permission for 6m extension. It was 50% under planning and 50% under pre notification.

Unfortunately the application was refused due to 45 digrees rule. The planning officer also said the other properties only has a small extensions.

Can this be appealed?

Thanks

I think you need to be clearer on what you mean 50% under planning and 50% under pre-notification.

I assume that the full extent of what you wanted to do could fall under the pre-notification application and therefore needed to submit a full planning application in addition?

If this was the case - was your pre-notification application refused or just the full planning? If the pre-notification was refused did you receive objections from the neighbours.

Quite often people dont realise that the pre-notification of 6m is a national policy and quite often contradicts the local policies. Therefore when submitting a full planning application it is decided against the local policies. Some councils do show leniency if you have approval under the pre-notification but assessments still need to be made on the impact of the neighbour etc.

starM

Thanks for replying back.

Half of the extension is under the planning I think that's because there is already an extension which was done 21 years ago (it is over the 45 degrees rule and do not have a planning permission).

Remaining half it's done under pre notification.

I have copies and pasted some of the planning officers report:-

1). The scale, mass and design of the proposal, is considered to be overly large in terms of its scale and mass when seen in conjunction to the existing single storey mono-pitch extension, dominating the rear view of the property. It should be noted that this mono-pitch extension does not have planning consent and falls outside of what is allowed under permitted development due to its 5.3m projection from the rear building. The proposal therefore fails to comply with the objectives of the design guide ‘Extending your Home’.

2). It should be noted that whilst a 6m rear extension could be applied for under the Prior Approval process, in this instance this is not appropriate given the existing single storey rear extension

3). The existing unauthorised mono-pitch single storey extension currently breaches the 45 Degree Code, which, if a planning application been submitted for this structure, would have resulted in a refusal of the application due to this breach. It is therefore considered that the extension proposed by this planning application would further exacerbate this problem, resulting in substantial harm to the light amenity of neighbouring property. The proposed development meets the distance separation guidelines contained in ‘Places for Living’ and ‘Extending your Home’. However, due to the negative impact upon the light amenity of (address removed), caused by the 45 degree code breach, this application will be recommended for refusal.

4). The application is recommended for refusal as the proposal fails to comply with the relevant policy documents mentioned above, in particular the guidance contained in ‘Places for Living’ and ‘Extending Your Home’, while it also fails to adhere to the guidance contained in ‘The 45 Degree Code’ which would bring-about an unacceptable loss of light to neighbouring property.

5). The submission of the inaccurate site location plan Drawing 2018-0148-001 clearly does not show where the proposed extension is proposed which provides misleading information as the the impact of the extenson on neighbouring properties. Neverthless the extension does not comply with the 45 Degree Code for House Extensions and would lead to a loss of outlook and light to (add removed). As such the proposal would be contrary to Policy PG3 of the Birmingham Development Plan 2017, saved Paragraphs 3.14C and 8.39-8.43 of the Birmingham UDP 2005, guidance in Places for Living adopted as Supplementary Planning Guidance and Extending your Home adopted as a Supplementary Planning Documents, and the National Planning Policy Framework.

My architect has spoken with the planning officer. She has agreed with pre notification 6m extension but that is one side. She has sent letters out to the neighbors in case of any objections. I want full extension covering both sides. My architect said the other way around is submitting new plans but side of the extensions will be grace. Not sure what he means by that?

Any comments would be much appreciated.

Thanks

Doozergirl

"The sides of the extension will be Grace" - is that a typo? I don't recognise that term. Is it possible you misheard?

This is the sort of thing where pictures speak a thousand words as we're just trying to decipher the situation at the moment, but it's fair to say that your planning officer is quite certain about the rejection. Reading it, I wouodn't be looking to appeal, but then i can't see what is being talked about.

Looking at your older posts, did you go for a 6 metre extension beyond the one you already have?

teneighty

I'm struggling to understand as there is no such thing as part planning permission and part prior notification.

I'm guessing they have applied for "2" extensions side by side which eventually will be joined together. The first is the planning application to extend the existing 3.5m deep extension by a further 2.5m. The second is the prior notification application to build a full 6m deep extension alongside it? Which will result in a 6m deep extension across the back of the house. Although technically the 2 extensions would have to be physically separate so something like a 25mm gap between them.

From the planning officers comments the only way to get this through is to do the entire thing under a prior notification application with no neighbour objections, which will require the demolition of the existing extension. Even so the planners can take a demolished section of a building in to consideration so it could still invalidate the application, especially as the planners are now fully aware of it.