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Rules for Prior Approval for larger home extensions


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I have recently had 2 Prior approval applications refused for 6m single storey rear extensions.

I have asked the planner for clarification on on the reasons for refusal but several days have now passed. Please can anyone explain why a single storey extension to the rear of a semi detached house and to the rear of its converted garage is not considered to fall within GDPO Section A.1 (J)(iii).  I have written the planners attempt at clarification which I cannot get my head around.

 

In relation to RFR no.2, it is noted that there has been a prior notification application approved at no.4 Miriam Road (18/3316/PN1). However, similar to the existing rear extension at no.2, the extension shown on the as existing drawings submitted for no.4 is considered to be original. This is largely due to the established pattern of development along this part of the existing terrace. 

 

The main difference between the determination of this application and that approved for no.4 back in 2018 is that the Council has since been made aware of the following appeal decision: 

 

In Arnold v Secretary of State for Communities and Local Government [2015] EWHC 1197 (Admin) (1st April 2015) that the demolition of an original elevation did not remove the relevant requirements of the General Permitted Development Order (2015) (as amended), and that for the purposes of calculating the limitations of permitted development, the starting point should be the location of the original wall, based on the original footprint of the house, whether the wall has been demolished or not. 

 

Since the Council was made aware of this appeal, we do now consider that if an extension projects beyond a side wall (despite being either previously demolished or to be removed as part of the proposal) and has a width greater than half the width of the dwellinghouse, that the proposal would fail to comply with criteria (j)(iii) of Class A of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order (2015) (as amended). 

 

My apologies that you feel that you are a disadvantage over the earlier approval at no.4 but unfortunately, the emergence of case law and subsequent appeal decisions does mean that there can be changes in how the Town and Country (General Permitted Development) Order 2015 (as amended) is interpreted. 

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Hi,

Difficult to be fully certain without benefit of the plans and officer report, but it appears that the Council made an error in approving the application at number 4 in 2018 as they did not take into consideration the appeal decision that established that element of case law. Unfortunately there is not a lot you can do about that - these things happen. 

The technical guidance for permitted development has some comprehensive explanation that may assist in understanding on pages 22-28:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/830643/190910_Tech_Guide_for_publishing.pdf

With regards your scheme, you can always make a planning appeal. Before you decide to do that it would be worth fully understanding whether you have a likely chance at getting the decision, otherwise it is a long time to wait for another refusal. In the mean time you could amend your proposals if possible and resubmit so they comply with the relevant legislation, or try applying for full planning permission instead. Full planning does not have to comply with the GPDO legislation to which they refer, but the Council will assess the design, impact on the character of the area as well as neighbour's living conditions. In my experience, a 6m deep extension is often seen as a bit too deep when assessed through planning, but may be acceptable depending on the surroundings and circumstances.

I hope this helps

Tom

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