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Planning Application advice


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Hello, 

 

I am new here and would like to ask some advice. 

We have planning application submitted in for us and three adjoining neighbours for a mansard extension.  Ours is the smallest development.  One of the planning officers have said that we must start and finish the builds all simultaneously within the same time frame.  We have advised them that it would not be possible as not all the proposed builds are of the same scale.  Some are larger and more complex as they also include a rear and first floor extension.  Also we all have varying budgets and one also will be doing it as a self build. 

We have asked the officer if we could withdraw it and just submit it without referring to each others application.  The officer's response was that it's not possible to do that and we have already submitted it.  The comment made was that they would likely refuse it if they are not to be built at the same time as the mansards need to be consistent.  Is this correct information? do we have a right to withdraw the application and resubmit them all again without referring to each other? 

Are we correct to understand that you are able to withdraw an application and resubmit for free if you know it will be refused? We are not in a conservation area or listed buildings and we have also highlighted the fact that there have been similar mansard extensions approved separately not far away.  

The officer has not given advice and appears to be quite abrupt from the offset.  

Please any advice would be much appreciated. 

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I am reasonable sure any application can be withdrawn before determination.

Before you do that, I would seek clarification on the question of ‘must start and complete simultaneously’.  What I suspect they mean/want, is for the roofing works to be undertaken as a single phase of work - start at one end first completes, second, third, etc.  Technically each finish on different dates, but from a Planning view it’s a single development.  


In terms of buildability and detailing between properties, there is benifit in a single (sectional) contract through a single supplier.  Where separate contracts are awarded, and in the event of defect, you will be forever back and forth as to who’s fault it is.  It would also make Party wall matters easier as a common endeavour. 
 

speculation time.... if you withdraw and submit individually, the chance of rejection would significantly rise.  What the Planners will want to avoid is a disjointed appearance should only some of the works proceed. 

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Many thanks AlastairK.  We fully appreciate that is the case.  I think the nervousness is that we are only be sent email statements of what is required and no feedback to any of our queries.  We also advised them of other developments (locally) that had been approved separately that were in a terrace and still were still successful.  The example we referred to was a mansard that was completed last year, and the adjacent neighbour has since taken out planning and now building, so there were no constraints placed on them to submit together.  Their planning stipulation was to match the height of the neighbouring property. 

It's a lot of fee for the four properties to spend together so it's not something that we wanted to be dismissed in planning simply because we couldn't build it simultaneously. 

We will wait and see what happens and I hope they are more responsive.  Thanks again for the help. 

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Hi,

I agree with Alastair on this - if the application has been submitted as one proposal across several sites, it will be considered together as a single development and so would likely have to be built simultaneously. The applicant or their agent (as stipulated on the application form) would be able to withdraw the whole application before determination, but individuals could not withdraw their part of the proposal as it forms part of the whole, if that makes sense?

It may make it more difficult to gain planning permission if you each come in separately, but difficult to tell without seeing the detail 

Hope this helps

Tom

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  • 4 weeks later...

Good Afternoon,

 

Thanks for the previous advice.  Our situation is a little tricky.  Is there any good planning legal advisors that anyone could recommend for us to get in touch with?  We are based in London

 

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4 minutes ago, vt said:

Good Afternoon,

 

Thanks for the previous advice.  Our situation is a little tricky.  Is there any good planning legal advisors that anyone could recommend for us to get in touch with?  We are based in London

 

Tom who replied above is a Planning advisor, unsure of his geographic areas of work, but Planning advisor in my experience don’t limit themselves regionally to fixed areas.  If Tom is unable to help, we have work with DPP in London and elsewhere, and would recommend.  

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Hi,

Alistair is correct, I am a planning consultant and would be happy to have a chat with you regarding your situation - my details are below. I am based in Reading at the moment and as Alistair correctly mentions I am not constrained by geography, but naturally a lot of my work is in London and the South East. 

Just a quick side note - planning consultants and planning solicitors perform different functions (and I am not a solicitor!) but happy to discuss and can advise on the planning side of things and then whether legal advice would be necessary.

My details:

Tel: 07881108361

Email: tom.bradfield@berrys.uk.com

Feel free to get in touch

Tom

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