Hi all. Can anyone offer any planning help/advice please?
We live in a terrace house in a conservation area and want to do a rear extension to fill in the side garden (the "L" part effectively). The extension would be approx 4.3m from the rear wall (but not extending beyond the far rear wall of our house) and approx 1.5m wide going up to the existing boundary wall. We are aware of the party wall issues and these have been discussed with our neighbours and they do not object to our plans. The issue we have is with planning!!
Our builder put in the planning application and 2 weeks later was advised by the planning officer that we should amend our plans so that the rear extension only goes out 3m (rather than the full 4.3m) because of the '45 degree rule'. Anyway, long story short, our builder discussed this with the planning officer in charge and the planning officer suggested that we withdraw the application and submit a new application for larger household rear extensions under the General Permitted Development Order 2015 as we'd be more likely to get approval for the 4m ext under this Order. A new application was made and the relevant neighbourhood consultation scheme dealt with (there were no objections) and we received confirmation that 'prior approval was not needed' and that we could carry out our works as they comply with A4 Schedule 2 Part 1 Class A of the Town and Country Planning (General Permitted Development) Order 2015. The decision notice goes on to say that there is no confirmation of compliance with the other conditions of Schedule 2 Part 1 Class A.
Well obviously we were made up (even with the 30 May 2019 deadline looming). However, I have looked into this now that I've realised that our builder went down the permitted development order route and think there has been a mistake.
Under the Order, rear extensions to terrace properties in conservation areas are limited to 3m (A1(f) of Sch 2 Part 1 Class A). Class A1(g) then permits extensions to terrace properties up to 6m but this expressly excludes article 2(3) land (which includes conservation areas).
I have raised this with the planning officer in charge; I've not expressly referred to the relevant paragraphs of Class A but have simply asked him to confirm that the approval applies notwithstanding that our house is in a conservation area. He has confirmed that it does apply by email although his explanation does not refer or explain how he got round A1(g)!! I think there has been a mistake and am worried that, if we carry out the works under the approval notice given, there could be enforcement action on grounds that the approval granted was worthless as A1(g) expressly excludes conservation area land!!
Any advice or experience of similar experiences please? Should we risk it on the basis that the planning officer has confirmed its valid or should we go back again and ask him to confirm that its still valid notwithstanding A1(f) and A1(g) and/or speak to a conservation area officer of the relevant LPA to see what action would be best. Obviously we would like to avoid having to make another planning application if possible but if the approval granted is worthless we have little choice.
Any advice / experiences would be most appreciated. Thank you!!!