Planning permission/Permitted development

kelloggs36

We conducted research into our project and were satisfied that it fell within permitted development rights and asked our builder to build us a summer house to come woth the rules. The dummerhouse is built on a slope as our garden slopes in both directions.   We then got a letter from the council a year after they apparently received a complaint from a neighbour. They came round and measured it and wrote us a letter telling us it was too high and the knock I down.  We argued that it was not too high as they had measured it from the wrong side.  They came back out and re-measired from the correct side. They then conceded that it ws not too high but want us to get rid of the decking which is used as access to it as it is considered a balcony and does not fall within the permitted development rules.  We are happy to make amendments to ensure that the building does comply and asked if the options we proposed: having 2 sets of steps to access the doors and a low decking area of max 30cm high, or a set of steps the width of the building would be OK. We got an email saying that they want us to demolish the decking AND apply for planning permission for the building, even though by doing this, the building its would fall within the permitted development rules.  I am trying to get HD of her to ask why we need full PP buy can't get hold of her! Her emails male no sense at all as they are contradictory. My question is to you guys: if we change our building by removing the decking, and this was the only reason given for it not being permitted development, would we still need planning permission? 

Doozergirl

I don't see why you would need to apply if it meets PD. Are they asking you to apply for PP for the new steps/decking suggestion, do you think?  

Out of interest, Did they initially measure from the lower point of your land adjacent to the building and then come back to measure from the highest?   

kelloggs36

You are correct. They measured from the lowest point first, and then from the highest when they returned.
She has literally asked us to remove the decking and apply for full pp with no regard to access as she said she cannot advise on what to build next.  I will copy her letters to here so you can see:

 

Thank you for your email.

 

I would not be able to give you advice on what you should build next, I would recommend if you wanted advice on planning, you should request a pre- app meeting with a Planning Officer. This can be done by going onto the Medway Council website, and searching under the planning section.

 

Due to you the outbuilding already being constructed, and the stepped veranda area/ raised platform area being built, it doesn’t fit under Permitted Development Rights, I believe that Retrospective Planning Permission cannot be added due to this already being built.

 

Therefore I advised that you should remove the veranda/raised decking, and apply for planning permission for the outbuilding where it would be considered.

 

If your saying that you would like to alter what you have already built, I would recommend that you seek the correct advice through a Planning Officer.

 

Kind Regards

FreeBear

kelloggs36 said:

If your you are saying that you would like to alter what you have already built, I would recommend that you seek the correct advice through a Planning Officer.

A council employee should know the difference between "your" and "you're".

As for ground levels, a bit of hard landscaping with a mini-digger might do the job. Just move a bit of soil around to build up the level.

Doozergirl

kelloggs36 said:

You are correct. They measured from the lowest point first, and then from the highest when they returned.
She has literally asked us to remove the decking and apply for full pp with no regard to access as she said she cannot advise on what to build next.  I will copy her letters to here so you can see:

 

Thank you for your email.

 

I would not be able to give you advice on what you should build next, I would recommend if you wanted advice on planning, you should request a pre- app meeting with a Planning Officer. This can be done by going onto the Medway Council website, and searching under the planning section.

 

Due to you the outbuilding already being constructed, and the stepped veranda area/ raised platform area being built, it doesn’t fit under Permitted Development Rights, I believe that Retrospective Planning Permission cannot be added due to this already being built.

 

Therefore I advised that you should remove the veranda/raised decking, and apply for planning permission for the outbuilding where it would be considered.

 

If your saying that you would like to alter what you have already built, I would recommend that you seek the correct advice through a Planning Officer.

 

Kind Regards

What is retrospective planning consent for if it isn't for something that is already built?!

 

kelloggs36

FreeBear said:

kelloggs36 said:

If your you are saying that you would like to alter what you have already built, I would recommend that you seek the correct advice through a Planning Officer.

A council employee should know the difference between "your" and "you're".

As for ground levels, a bit of hard landscaping with a mini-digger might do the job. Just move a bit of soil around to build up the level.

The your and you're was the first thing I noticed!  The level is not the issue, it is that she has said to any for pp even though I believe that by amending the decking, it would fall within permitted development and therefore not need pp.

Bendy_House

Sounds like a bad case of jobsworthiness.

I do 'understand' their reluctance in telling you what would/should be ok - it just isn't their job, and they don't want to be liable if their guidance is wrong. Frustrating tho' that is. But asking you to apply for PP sounds crazy! Who wants the hassle or cost of this!

Well done for 'winning' on the Summerhouse height.

I think what I would do is to carefully read whatever guidance is out there to do with access to the S'house. It would seem that steps are ok, as is decking raised no more than 30cm above ground level. So, I would just build this and let the neighb try and complain again if they wish - the Planning person can have another bit of egg on their face if they want.

If you want to do more than that - eg a full-house-width step - then you need to ensure there's a good chance you'll get away with it - ie it 'conforms'. Or else just be ready to adjust it again!

As far as I can see, though, this is hassle for the PDept more than anything else.

kelloggs36

it is the enforcement team I am dealing with so they are demanding we apply when I just can't see why. I was hoping that they would know what would be permissable under PD rules so we could abide by them. Of they don't know, then who would?

kelloggs36

The other question is when is a step classed as a platform?

Doozergirl

kelloggs36 said:

The other question is when is a step classed as a platform?

Agreed.  

A step is to get to something.  A platform is somewhere to linger, which might invade privacy. 

I'm trying to picture this.  Are your doors looking towards the neighbours? 

ComicGeek

kelloggs36 said:

The other question is when is a step classed as a platform?

We had this on a recent project, and the view taken by the planning officer was when it was big enough to put a chair on! Not a formal definition, but did kinda make sense.

Then the discussion turned to 'what size chair'.....