Planning permission refused help!

[WinnieSandersonsCat]

Hi

We have put an offer in on a house that we love, it's a 1930s semi with extension into the roof (master bed with en suite).

Next door (attached) are currently having building work and are extending (looks to be similar to the extension on potential new house).

By chance we are flicking through our local paper today and there is a section about approved planning for retail, homes, tree preservation orders etc. The next door property is listed in the paper as 'Prior approval submission for a proposed rear extension (gives information such as address and size /location) then says refused. The address jumped out immediately and now I'm a bit concerned about the potential impact on our potential new home.

We drove past the property today and the builders are still working on the extension. Just wondering what impact this could have on our potential new property? Would they have to remove the extension? As it is similar to the extension on the property we have offered in, the neighbours new extension is flush with 'ours' if that makes sense?

Feeling a bit confused as don't know much about planning permission etc. So might be a non issue. Thanks for any help :)

So the neighbours have started work before they got PP? That’s against the regulations because you are not allowed to start. However you must look on the planning portal for the planning authority. This refusal might have been for an amendment. So they might have pp but this was for something else or for a change.

If it’s a refusal for the work they are doing, the planning authority will pursue it. You should look to see what other developments have taken place in the road that are similar to what you want. If you have to scale back your ideas, so be it. Houses do have permitted development rights so look into that too.

Is it the same extension though? Why was it refused? It may well dall within pd and just require a certificate of lawfulness.

I think prior approval extensions have to be approved before works can start, hence the term prior. If they have started building it then it does not surprose me that prior approval has been refused.

If thats how its gone then they will still be able for standard planning permission.

Let me correct that last line.

If thats how its gone then they will still be able to apply for standard planning permission. Though nobody can tell for sure if it will be given or not.

Hi everyone
Thank you for your replies.

From what digging I have done tonight, it seems as if the planning permission I have read about in the local paper is the only application submitted and it has been rejected. Therefore, I am guessing that works have started (look near to completion) before approval has been sought.

Just to clarify, the house we have put an offer in already has an extension (exactly like what the neighbours are now putting up, the owners said this went up 10 years ago). We don't want to change anything about the house, but are concerned about buying the house if the attached property has built the extension without approval and what impact that could have on our property? I'm guessing they could be asked to remove the extension? And if that would cause structural issues on the property we want to buy. Hope that makes a little more sense :)

You need to check the relevant documentation online. It would be unusual for permission to be refused if ndn already had similar without specific grounds. Have you asked vendor/ea?

Hi Liz

Yes that was my thought. I'm surprised it has been refused when the owners of the house we want have already had similar done. Spoke to both and they are under the impression that it had passed and received approvals, but council site and newspaper say rejected. The extension doesnt bother me, just more concerned that if the council decide it has to come down then it will affect the property we want to buy in some way.

If they have built without permission I would be more concerned about them as neighbours. I’m not sure it would affect the house you are buying but you would be living next to shitty people! Ask the vendors about it?

If it’s a prior approval submission it is being assessed under the permitted development rules (look up GDPO 2015). If it has been refused, it is on a purely technical reason (ie does not meet the specific legal requirements of the order) and says nothing about whether it would or wouldn’t receive planning permission. Worth investigating further on your part, but not necessarily anything to worry about.

Phone the case officer and ask what's going on.

Have you checked whether the extension on the house you want to buy had planning permission? If not, you might have to apply retrospectively and if NDN extension has been rejected then yours might have to be taken down too.

Not sure on the rules but I'd definitely check that before buying the house.

You can go onto your council website and look up all the papers relating to planning applications: objections, consultations, plans, decision etc.

If in the worst case scenario potential NDN extension has to be removed then I don't understand how it might affect the property you are buying?

Hi sunshine, the extension looks to be flush with the extension on the property we are hoping to buy so am slightly concerned about potential damage etc. I have checked online and the only reference to the neighbours extension is the refusal decision. The agent and vendor have confirmed that they received planning permission for their extension and when I mentioned the ndn rejection they were surprised as they presumed it had been granted. I can't figure out why it has been rejected as the extension looks like for like with similar materials used etc in keeping with the original property. Will keep digging, just a little nervous :)

Is there a party wall agreement? That’s what you need to know about as that would be the divine thing relating to any structural issues it might cause your property.

I would ask the owners of the house you want to buy if they have a Party Wall agreement with the adjoining NDN - you and they will have no idea if any damage is done to their property by building works next door.
I would also contact the Council Planning dept. to ask exactly what you should be checking as a potential purchaser and if Building Control has supervised any of that work on site.
Your solicitor should raise this with your vendors too.

Hi Both

Excellent thank you for your advice, will make some phone calls on Monday and go from there :)

Prior approval applications are usually for rear extensions, not roof alterations. Are you sure the description of the refused application is for the roof addition?

If you look on the Council website you will be able to find the application. It should have the decision letter setting out why the application has been refused.