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what can I do if the planning inspector has made an incorrect statement in dismissing our planning appeal?

(5 Posts)
HeadFairy Fri 30-Oct-15 23:21:12

We appealed agains our rejected planning application, original application was to raise the roof ridge of the building by 1.2m to allow us to have a bedroom up there and also to do a side return extension on the ground floor (single storey extension) in our kitchen (the house is a typical L shaped Victorian halls adjoining semi)

Anyway, the roof lift was turned down by the council on grounds that it would upset the uniformity of the street scene and would adversely affect light in to our neighbour's downstairs window ( it fails the 45 degree rule by a small margin) but the rear single storey extension was granted.

We appealed and the appeal was dismissed, and the statement issued by the inspector said that the rear and side extension "by virtue of its increased height severely reduce the amount of light to the neighbouring property".

My question is that we aren't asking to raise the height of the rear and side extension, in fact it won't be any higher than the existing fence. I get that they don't want the roof lift to go ahead, but they have also said we can't do the side return extension, when every single house around us on both sides has a side return extension. How do I go about challenging this? Do I really have to take this to the high court or can I just go ahead with the kitchen extension part of the design given the council approved that element of it?

McBaby Sat 31-Oct-15 08:03:59

Ring them and ask them? Or just submit planing for the side return?

wowfudge Sat 31-Oct-15 08:24:02

Yes - ring them. It's sound as though it has been poorly phrased and they mean that with the roof raised as well it's too much. You've got planning for the side extension so that is fine.

HeadFairy Sat 31-Oct-15 11:01:09

I was told that the planning inspector's decision over rode that of the council, so does that mean if the council passed the side return but the planning inspector didn't I can't do the side return?

And am I alone in thinking planners and inspectors are total cowards always issuing their rulings on a Friday (we got notice of our failed planning application at 4.55pm on a Friday)? I have so many questions and I know they do it on those days so they don't have to deal with angry applicants.

OliviaBenson Sat 31-Oct-15 18:11:36

It sounds like it's poorly phrased. I understand you are upset but I think it's unlikely that they will change their mind over the appeal decision. Is there another way you can make the changes you want without raising the roof?

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