Anyone know about amending the plan on a planning application?

[cloudtree]

We have a planning application in at the moment to extend our front porch. It isn't a big change but it does need planning permission. because porches under permitted development can only be 3m2

We submitted the plans (existing and proposed) and the local authority have said that the plans at the back of the house (also being extended slightly under permitted development) need to show the detail of the new permitted development extension so that the council can check that the new application doesn't take the area of all extensions over 50% of the footprint of the original house. They have already told me it won't go over 50% though.

I have added the permitted development extension onto the plans but now the council are saying they have to reconsult neighbours for seven days even though there is no change at all to the porch application. Does this seem right? I have no concerns about it eventually being passed but I need to reduce further delay since I have a roofer on site and I don't want him to finish what he's doing and then disappear!

Sounds very odd to me! I assume you are not applying for a Certificate of Lawfulness for the rear extension? If not, the Council can't ask for it to be included on the plans if the application is simply for a porch. The onus is on you to check that the rear extension before going ahead.

No it’s confusing to me too. The application is only for the front porch. The back extension is only 2.5m deep and is permitted development. They said because it’s green bent they have to check that the total of all extensions is not over 50% of the original floor space. That’s fine but I don’t know why it has to go back out to neighbour consultation. Nothing has changed at all in terms of the porch.

If it's pd then green belt policy is irrelevant.

Are you sure they are not considering it as part of the application? What does the description on the council correspondence say the application is for?

Hi,

Existing planning applications can be amended by sending a new set of drawings or can be amended after the Council has already approved an application. This would be called a minor material amendment under section 96 of the Town and Country Planning Act 1990 where the design of the proposal is minor e.g slightly enlarged window or different roofslope. Or there is a non-material amendment application where there is no material change e.g just re-positioning a window or a door somewhere else.

A porch up to 3m high and covering an area of 3m would normally be permitted development under Part1, Class D of the General Permitted Development Order 2015 (as amended), unless permitted development rights have been removed by the Council.

What type of application was submitted? Was is a Lawful Development Certificate or Householder planning application?

It’s a planning permission application for a porch which is over 3 square metres in area. Existing porch is 3.5 square metres, new porch will be just over 6 square metres.

It’s green belt. The permitted development extension on the back is almost finished.

No correspondence from the council. The officer came out to take a look, took some photos, contacted me a couple of days later to say since there’s an extension on the back they needed to know the size do they could check the 50% rule (house was extended under planning permission in the past before we owned it). They’ve now asked for new plans which show the back extension and says they need to re advertise it for seven days.

But the porch is still the only thing I need planning for and it hasn’t changed at all.

Ok I understand now. As the porch requires planning permission based on its size, it would be assessed against the Council's green belt policy, which would state the criteria a proposal would need to meet. This would include instructions for the planning officer on how to calculate the existing cubic volume of the existing building. The officer would calculate how much the new porch would add to the house, including existing extensions. If the additional cubic volume exceeds the tolerance set out in the green belt policy, planning permission would likely to be refused.

As the planning officer has already made a site visit, I would email them for some informal feedback as to whether the porch is going to be "ok" or whether you should submit an amended drawing for a smaller porch. Failing that, you might want to consider a porch under permitted development, which would measure 3 square metres in area and no higher than 3 metres to the pitch of the roof.

Which Council is it if you don't mind me asking?

They’ve come back and said it should still be below 50% and can I amend the plans (both before and after) to show the pd extension. That I get.

But then they said that even though it was below 50% they’d have to re consult (for 7 days)

Sorry that might not have been clear. They came back and said it seems to be below 50%

It is what it is.

You don't argue with planning unless you need to.

Just wait the 7 days gracefully.

If still below 50% then the proposed porch would be ok. Yes you can send amended drawings if the officer has advised you to do so. Council's are required by law to re-consult the immediate neighbours in writing each time new plans are submitted.

It's at the councils discretion whether they reconsult when plans are amended but it does seem a bit unnecessary in this case. Nothing you can do unfortunately.

Council's are required by law to re-consult the immediate neighbours in writing each time new plans are submitted

Ah, that will be it then, thank you

I know seven days doesn’t sound like much but it’s seven days and then the rest of the time to decide on whether to grant the application. It went in in July and once the roofer leaves site I’ll struggle to get him booked in again this side of Easter. I appreciate it is what it is though.