Side-return kitchen extension appeal

[goodygoodymummy]

I am wondering if anyone can advise me? We put in a planning application for a side-return kitchen extension. We live in a Victorian mid-terrace, so the idea is to have a wider kitchen, and use the current dining room as a TV/snug room, with an opening into the enlarged kitchen/diner. Current layout is standard front reception, rear dining room, and kitchen at the back.

Anyhow, we were informed by our architect that he had been contacted by the council late this afternoon, telling him that our application would be turned down unless we agreed to a 175cm party wall by close of play today (got email from architect at 4.15pm, council wanted to know by 5.30pm). This would mean that the opening into our current dining room (proposed TV/snug room) would be cut off at the top, a bit like a loft room, as we would have a pitched roof cutting across it. I have never seen another side extension with this sort of access to the main house, so I am perplexed. We had applied to have a 220cm party wall. Apparently, they have turned this down due to light issues with next door, even though our next door neighbours have not complained and are happy for us to go ahead with our plans. I have asked our architect to appeal this with the council. What else can I do?? How do appeals work? I have never done one before. This is completely new territory for me. Thanks in advance for advice.

Did they give a reason why they want it like that?

What was your architects thoughts on that design? He would be the best person to ask as to how it might look, or whether it would/wouldn't work etc?

Appeal info = Here

We have had similar, the planners decided to keep the roofline of our extension so now we have limited height/space because of the eaves angle in the bedroom. Looks great on paper, but in reality a pain to live with.

so If you can get your architect on side to say it is just not practical to have that like that, and liaise with the planning officer (they should work with you on this) for a solution, you might be ok.

Do you know for certain that your party wall neighbours have not lodged an objection? Your neighbours may well have said they had no problem with it to your face to avoid a confrontation.

Side returns to terraced houses can be tricky unless both sides of the boundary apply jointly for planning permission.

How deep would the extension be?

The council is concerned that if you have a relatively deep extension immediately next to the boundary at 2.2m high, it would have a tunnelling effect to the rear facing window at the neighbouring in extended house, formed by your extension being next to the boundary and their own original kitchen projection.

If you've actually had planning permission refused,you would appeal to the planning inspectorate rather than the council. You would have to make your case, and the council would make their case and the Inspector would decide whether the proposal is acceptable. Or it might be a fast-track appeal where the inspector makes his decision based on the plans and all submissions including the planning officer's report, up to the time of the decision.

The fact that the neighbours haven't objected isn't actually a major point - neighbours come and go, and there are all sorts of reasons why people don't object (being neighbourly, being worried about a break down in relationship between them and next door, being absentee landlord etc). The council has to loom at the proposal in terms of its impact on existing and future residential amenity including outlook, light and so on and make an informed professional judgement.

If you appeal I recommend www.just-planning.co.uk. The case they prepared for my appeal is brilliant and the fee was very reasonable. I haven't heard the outcome of the appeal yet but win or lose I am confident that there is nothing more I could have done to get my refused extension through. My compromise would be to reduce the extension's length by 27.9cm to comply with permitted development, building it directly in front of the rear boundary wall rather than enclosing it but that will leave me with a wall that is difficult to maintain. I find it amazing that my application for a small extension was refused, so does everyone else including architect and builder - it seems planners sometimes struggle with common sense decisions and their decisions need to be challenged!