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Planners won't give us permission!!!

18 replies

Nuttybear · 09/04/2010 21:05

We apparently live in an area of special character!!!!! There was a time that they were considered slum dwelling and the council probably ran out of money to knock them down in the 60's. Our house is really a two up, two down with a tiny back bedroom that leads from another bedroom. We were lucky in the 1930's someone built a tiny hall downstairs & bathroom upstairs that used to be part of the path leading to the garden. (big garden) DH has lived here 25 years and now we have a little one. I have family & friends, I would like to invite over. So we want to extend the back 2 levels and just make bigger for a guest room & bigger kitchen/living room. None of our neighbours have objected. BUT the council have. We submitted 2nds plans with a sloping roof as per their request but the computer says no. Our plan aren't ugly and we have seen the same thing done in other parts of the town. How can we fight them with out being rude and difficult? Rant over

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thisisyesterday · 09/04/2010 21:12

i don't know anything about getting PP. but I think i'd phone them and say bascially is it possible to extend or are they going to say no to everything you submit.

if they say no, you can extend then ask them what, exactly, the problems are with the submitted plans and how they need to be changed

are none of the surrounding properties extended? is there any precedent?

Nuttybear · 09/04/2010 21:26

Next door extended 3 years ago but only ground floor. Over the years other people have extended but they were done over 15 years ago. WE don't want to wind-them up and we are going backwards and forwards but we think they will only accept a small extension upstairs, no flat roof which we accept but that will mean we have to have a weird slope in front of the window. We were going for a balcony but they said we would have parties until 3am! if we had one We have agreed to have a Juliette Balcony instead. But no basically they want us to lump or move which we can't afford in this area and we love living here!

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thisisyesterday · 09/04/2010 21:27

hmm i think if there are already extensions then they can't complain about another one can they???

i don't know all the ins and outs though

orangina · 09/04/2010 21:31

Can you find out whether you could build under a certificate of permitted development (no planning permission required). May not be entitled in an area of special character. If you are, then it is usually on the basis of a maximum vlume that you can add to the property that doesn't require PP, but may require a certificate of lawful/permitted development (which you have to apply for, but I don't think they can turn down).

Are there any planning policy guidance notes issued by the council for your area of special character? Anything in the UDP (unitary development plan)?

Nuttybear · 09/04/2010 21:36

I think I'm going to stand on a ladder and take a picture of our neighbourhood via the back gardens. I am also going to go around town looking for Balconies & Juliette Balconies which they have already given permission to. They allow the building of lots & lots of 1 & 2 bedroom flats without the infrasture schools transport etc... (So we have already been refused our son our choice of school)and they are build temporary classrooms in almost every school! We can't afford legal advice so we have to go gently. When are the government going to cut back on civil servants!!!!!!

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Nuttybear · 09/04/2010 21:38

orangina Thank you. I will take on board what you have just advised and do some homework!

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orangina · 09/04/2010 21:41

Good luck!

Nuttybear · 09/04/2010 21:42

I will have to phone them and ask for the policy guidance as I can't find it just by googling (or it would be easier to phone on Monday) Again thanks

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Nuttybear · 09/04/2010 21:44

P.S The law around Special Character is 1990 wow! that was 20 years ago don't time fly! I think our other neighbours extended before that.

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BelleDeChocolateFluffyBunny · 09/04/2010 21:46

They will come out and advise you on what's likely to be passed if you ask them, you can always appeal aswell. My basard neighbours did this, I've no bloody view out of my bedroom and living room window now because the batard neighbour built a semi at the end of the garden and have blocked all the light. This went through on appeal, bas*ards! (can you tell I'm not impressed?)

Nuttybear · 10/04/2010 10:07

Belle I have had them around and he lie to my face!!!! We also have the okay of our neighbours because they want to do the same as these houses are tiny. I would be upset too if I were you. I am also upset that the council have okay'd planning for 1 & 2 bedroom flats and no 3 bedroom houses. I have it on good authority that they assumed that people buying them would not have children or would move out when they did!!!!
Did you neighbours have solicitors at the appeal?

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BelleDeChocolateFluffyBunny · 10/04/2010 18:47

No, I think they did it all themselves, you should have been sent info on how to do this.

orangina · 10/04/2010 22:03

Nuttybear, if this is really important to you, you could consider getting a planning consultant on board who has experience in dealing with your particular local authority.... he/she would be able to advise from the pov of a specialist.... might be money well spent....

orangina · 10/04/2010 22:05

Planning appeals are (I think) taking up to a year to get through the system. Not difficult to do, but the Planning Inspectorate deal with the facts of the application that has already gone in, in the light of the PPGs and UDP (mentioned above). I should make sure you can't do it under permitted development rights, and then if you can't, consider getting the advice of a planning consultant, who then may be able to advise as to whether he thinks an appeal is worthy it (and guide you through the process if necessary).

orangina · 10/04/2010 22:07

(worth it)

pooka · 10/04/2010 22:18

Some planning appeals are being dealt with much faster these days - being "fasttracked". Not sure of the criteria, and whether applies to all local authorities, but our LPA certainly operating, in conjunction with the planning inspectorate, a fast tracking system for householder applications that are not locally or publically contentious.

With regards to precedent, if the precedent predates existing UDP and supplementary planning guidance, then is by and large irrelevant (unless you could argue with regards to the ASRC that there are so many precedents for the same development that these extensions form an integral part of the area's character - can be the case for front dormers for example, which would normally be resisted unless the prevailing character is of houses with front dormers IYSWIM).

You challenging a decision in a reasonable manner, questioning grounds for refusal or appealing as is your right, will not (or shouldn't) put the planners' backs up. For them is not a personal issue - is just a case of applying policy and guidance to proposals. While for you it is very personal since it effects your lives and property, for them it is a job. So you have nothing to lose by appealing, but the main thing to do is to look at the policies and guidance that frame the decision that was made, and see whether you could make (perhaps with professional guidance) a persuasive case in favour of your proposal.

vanitypear · 10/04/2010 23:43

We live in a conservation area and our (detached) neighbours had to tweak their design at least 3 times for a perfectly sympathetic and small extension/conservatory that nobody objected to. They got there in the end. Keep trying and you should get there!

Nuttybear · 11/04/2010 23:21

OH! Thank you so much for such informed advice. I have been either in the sun (Saturday) or at work (Sunday) so please accept my apology for not replying sooner. Very good advice here. I will post my finding soon, it might help others.

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