Prior Approval Refused (Require Advice)

tahmed

Hi,

I wanted to extend on my already extended kitchen to get a toilet on the ground floor extension for my parents. Going to 2.5m out that would take it to the 6m in total. I also have a second story extension going back as 2.2m



The respond I had is not clear and what is the second floor extension got to do with the additional extension to the first floor. Can someone please advice and break the response as the council will discuss on a fee of £50 per 30 mins session and what options do i have:(

"Description of Development
single storey rear extension with a depth of 6 metres, highest point of 4 metres and height at the eaves of 3 metres.
In accordance with section 60 (2B and 2C) of the Town and Country Planning Act 1990 (as amended by Section 4(1) of the Growth and Infrastructure Act 2013)

The London Borough of xxx, as local planning authority, hereby confirms that the proposed development at the address shown, as described by the description above and in accordance with the
information that the developer provided is NOT PERMITTED DEVELOPMENT"

"Reason for Decision
1. Your prior approval notification has been refused because the enlarged part would be built off an existing ground floor and first floor rear extension, (as approved under planning permission reference number 1335/10 granted approval on 23/07/2010 and which has been implemented) the enlarged part of which would be more than single storey and with an eaves height of more than 3m, forming a side/ rear wraparound extension with a width greater than half the width of the original property, contrary to Article 3, Schedule 2, Part 1, Class A of The Town and Country
Planning (General Permitted Development) Order, 2015 (as amended)."

Appreciate some guidance

Thanks
Ahmed

03022242

without seeing existing and proposed plans its difficult to ascertain. howver in short, what i am reading is that you already have some sort of an extension which is why they are refusing to 'add' to it under gdpo

tahmed

Yes. That’s correct I have single story and second story extension. Where in is guide does it say that it will take into account of the second story extension already implemented.

I will upload the pictures from my desktop when I get the chance

phill99

I think you are very confused.


What the decision from the council means is that the proposed development is not classed as PERMITTED DEVELOPMENT. This is because you have use up your permitted development rights with previous extensions.


Therefore, for you to go ahead with this extension, you must submit a formal planning application.

Doozergirl

phill99 wrote: »

I think you are very confused.


What the decision from the council means is that the proposed development is not classed as PERMITTED DEVELOPMENT. This is because you have use up your permitted development rights with previous extensions.


Therefore, for you to go ahead with this extension, you must submit a formal planning application.

This, except you haven't 'used up' your PD rights, you've built something in the place of what would have PD rights that means that anything else needs planning permission.

Permitted Development will allow you a single storey extension up to 6 metres, but what you have applied for is not purely single storey and so it cannot be assessed against PD. PD is based on the original house only.

Something that needs planning permission (a second storey, which I do comprehend is existing) means they can't look at the single storey separately. It is a double and single storey extension to the original house that needs to be assessed as a whole.

Makes perfect sense to me. I can see how you might be confused by it though. The impact that your extension has, with a second storey, is very different to that of a purely single storey extension and so it has to be judged on its own merits against local planning policy, not this national easing of it.

tahmed

I asked the planning lady on the phone do I have options to go through the planning route to get that extra extension and she adviced If the neighbours are at 3.5m then they likely to reject. This is looking not promising and wonderful if I should appeal...

molerat

What are you going to appeal ? Until you put in a full detailed planning application you are not going to know whether it will be approved or not. How does your proposal fit in with other properties around you, you may have to alter your plans to fit in better and increase your chances of approval.

Doozergirl

tahmed wrote: »

I asked the planning lady on the phone do I have options to go through the planning route to get that extra extension and she adviced If the neighbours are at 3.5m then they likely to reject. This is looking not promising and wonderful if I should appeal...

You can't appeal something that isn't applicable. It is not permitted development, full stop.

You have to put in a planning application. Different rules apply. If they reject, you can appeal then. As it is, it has not been considered for you to appeal against anything.

You have, however been guided that what you want won't be approved.

The thing about permitted development is that it can sometimes buy you far more than a planning application will.

Your second storey may well scupper your hopes of a larger extension on the ground floor.

tahmed

Why cannot I upload my drawing for you all to see

tahmed

Here is the official response and it’s too technical for me:

Your prior approval notification has been refused because the enlarged part would be built off an existing ground floor and first floor rear extension, (as approved under planning permission reference number 1335/10 granted approval on 23/07/2010 and which has been implemented ) the enlarged part of which would be more than single storey and with an eaves height of more than 3m, forming a side / rear wraparound extension with a width greater than half the width of the original property, contrary to Article 3, Schedule 2, Part 1, Class A of The Town and Country Planning (General Permitted Development) Order, 2015 (as amended).

Ectophile

Permitted development allows you to add a small extension to your building without planning permission.

But you already have a two-storey extension, and you want to add a new (single-storey) extension onto that.

As an extension on an extension, that's not permitted development.

In addition, the combined existing and new extensions could not be claimed as permitted development, because the combined extension would be two-storey, and so too big.


...


You could try to appeal that their ruling is wrong. But that's not a good idea unless you know the planning laws better than they do.


The correct thing to do is to apply for planning permission.