Appealing planning permission / second opinion

[NWnature]

Hi all
Our planning submission went in just as everything was grinding to a halt over lockdown. We are trying to do a very modest single story side return extension and a small dormer on the outrigger of our bathroom.
We have a very inexperienced Planning Assistant assigned to our case who has not done a site visit because of Covid. They are refusing to grant permission and requiring us to reduce the length of our proposed extension from 4.8m to 3m when many others along the street have full width extensions. They have also refused the flat roof part of the bathroom as they say it’s not in keeping with the rest of the road. Our neighbour but one has actually got a two story extension on their outrigger but they never applied for or had planning permission granted! Still surely it sets a precedent and in any case we are not in a conservation area and the back gardens are not overlooked.

I feel as though we are massively being penalised with ultra conservative decision which essentially takes the plans back just to permitted development rules- because a) the planning assistant never conducted a site visit and b) they are extremely junior and new to the role.

Has anyone got any advice , I’d like to ask for a second opinion given the covid impact but doubt they will go against what one of their own has said. Loathe to appeal because it will take forever but it seems a very punitive decision based on many, many other examples of completed similar works along our road.

The process is pretty clear. Your plans have been refused so you can modify and submit a new application, or appeal.

Appeal with photos/details of the other properties.

How close to the boundary do you propose to go? 4.8m is not a single storey in anyone's book! Does the Dormer overlook anything?

If your neighbour doesn't have permission then it wouldn't set a precedent as it's not lawful. Wait for the decision notice and take advice from there. You could also contact your local counsellor to see if they can help.

You can only use properties with granted planning as precedents and all of these should have been included in your original planning application Design and Access statement with reference numbers, drawings and possibly photographs. Did you use an architect?

Would be helpful to see the planning officers comments, but like PP have said you can appeal with the documentation mentioned above.

Planning rules change over time. So even you have neighbours who have exactly the same extension which was approved x amount of years ago, that means nothing to the rules facing you now, if they have since changed.

You could always send photos of these similar extensions with your appeal, which will help if they've made an error. But it would make no difference if things have changed since, unfortunately.

Thanks all!

Yes we are using an architect.

Sorry the height of the extension is 2m same as the existing fence. It’s one story the side return extension and we are just hoping to put the small dormer into the existing outrigger bathroom. We were hoping for the side return to go out 4.8 metres but PP have asked for it to be reduced to 3 which introduces an annoying dog leg in the design. Other houses have all done full width 4.8m and beyond (up to 6).

Frustrating you can only use those with PP as a precedent! The next door but one has done a double story extension on their outrigger which unless the council enforces them to put it back to the original seems to invalidate the argument that our design is not inkeeping with the street.

I think it sounds like we will have to appeal and see how we get on!

We always do everything by the book and you do end up getting bogged down in bureaucracy and costs. I wonder sometimes about the benefit of the other people’s risk taking approach as I highly doubt the council will enforce that other neighbour to remove their work.

I guess we have to just follow due process and hope for the best particularly given how modest our plans are.

Any chance of a screen shot of the plans?

Hi Loofah, I’ve tried to attach to this

No comments on the appeal but saying its not been granted because someone is junior and new to the role is a little disingenuous. There is a process, which will have been followed, and there are no doubt reasons for the refusal of pp in your decision. It's those decisions you need to look at, not the seniority of the person dealing with your case.

This extension is toward the rear, yes? I honestly cannot see anything to object to myself. Can you just complete under permitted development?

I'd definitely ask for an appeal and new case officer. What reasons were given in the refusal?

I can't see how those plans show the dormer? Where's it going? Also did they ask you to reduce width across the back of the house or length into the garden?

From the drawings it looks to me that the dormer widow is directly overlooking the neighbours property, is this correct? This could be the reason why the flat roof part of the bathroom was refused.

I suggest you arrange a telephone call with the planning officer to discuss the reasons for refusal and possible modifications e.g. whether the size restriction is due to max floor space restrictions or some other factor. If you cannot reach an agreement and you feel that the modifications are unreasonable based on current planning legilation then appeal. As others have said you can only use examples of granted permission to support your case.

It is also worth bearing in mind your neighbour is likely to encounter difficulties when selling their house if they don't have planning permission so I would not advocate a risk taking approach.

Thanks @crazydiamond222 I see it now!

Flat roof dormers are the worst and are not considered in keeping in planning terms because they overwhelm the original roof form so not surprised about that, you could set it in to improve the aesthetics, or carry it out under permitted development. The single storey element is a little more difficult to assess, but looking at the plan it looks like it’s would cover a large portion of the garden? Some authorities have policies which require you to retain a proportionate amount of garden.

I would ask them to detail the reasons for refusal and go from there.