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Porch a bit too big?
owen1978
Posts: 162 Forumite
Hi,
Bit of background info...
I put in a planning application for a two storey side extension last October which didn't include a porch, because I hadn't planned to have one and it didn't come across my mind.
Anyway the application has still not been process due to the case worker who it was assigned to left in Feb this year, since then it hasn't been assigned to anyone so its been sitting in limbo. I chased it up a month ago, so its back on the table an a new case worker has been assigned.
Anyway....
During the summer the wife wanted a new porch, so I decided to do a self build/project manage.
I aimed to do it under permitted development...
* Not exceed 3sqm
* Not exceed 3m height
* No less than 2m from the boundary
Anyway a neighbour who got the plans to our extension posted to him, has then rang the council and said that we are building a porch and its not in the plans. The council have come and apparently have had a looked and said we need to add it to the plans.
The architect is going to charge me £250 for the pleasure
I measure the sqm and it comes to 3.3sqm so just a little bit off and I think the height is probably off by 50cm.
Is there anyway I could talk the council into accepting this as permitted development?
I have found this government site
https://www.gov.uk/guidance/ensuring-effective-enforcement
The following section;
No formal action
Can breaches of planning control be addressed without formal enforcement action, such as an enforcement notice?
Addressing breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory and lasting remedy. For example, a breach of control may be the result of a genuine mistake where, once the breach is identified, the owner or occupier takes immediate action to remedy it. Furthermore in some instances formal enforcement action may not be appropriate.
When might formal enforcement action not be appropriate?
* There is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area.
Any ideas or advice, has anyone else had a similar issue?
Bit of background info...
I put in a planning application for a two storey side extension last October which didn't include a porch, because I hadn't planned to have one and it didn't come across my mind.
Anyway the application has still not been process due to the case worker who it was assigned to left in Feb this year, since then it hasn't been assigned to anyone so its been sitting in limbo. I chased it up a month ago, so its back on the table an a new case worker has been assigned.
Anyway....
During the summer the wife wanted a new porch, so I decided to do a self build/project manage.
I aimed to do it under permitted development...
* Not exceed 3sqm
* Not exceed 3m height
* No less than 2m from the boundary
Anyway a neighbour who got the plans to our extension posted to him, has then rang the council and said that we are building a porch and its not in the plans. The council have come and apparently have had a looked and said we need to add it to the plans.
The architect is going to charge me £250 for the pleasure
I measure the sqm and it comes to 3.3sqm so just a little bit off and I think the height is probably off by 50cm.
Is there anyway I could talk the council into accepting this as permitted development?
I have found this government site
https://www.gov.uk/guidance/ensuring-effective-enforcement
The following section;
No formal action
Can breaches of planning control be addressed without formal enforcement action, such as an enforcement notice?
Addressing breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory and lasting remedy. For example, a breach of control may be the result of a genuine mistake where, once the breach is identified, the owner or occupier takes immediate action to remedy it. Furthermore in some instances formal enforcement action may not be appropriate.
When might formal enforcement action not be appropriate?
* There is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area.
Any ideas or advice, has anyone else had a similar issue?
0
Comments
-
It's either permitted development or not, if it doesn't fit in the strict parameters for pd it requires a planning application. There isn't really much to interpret in the rules, if you are over the maximum floor area then it needs planning permissionThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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