Planning Permission Question.
Discussion
Have rang the planning office but the guy handling the case I am interested in isn't around until Wednesday so I thought I'd ask here in the mean time and also as a sanity check for when he comes back in and answers my question.
Question is:
Planning permission has been agreed on a patch of brown field (a guy sold off half his garden to a developer) for a 2 bed property. The property would be built behind the house that we are looking to buy. I've read through the plans and all seems ok regarding sunlight, view, overlooking windows etc but I wondered whether the new residents of the house (once it's built) could object to a planning application from us to build an additional storey over the garage.
This is something that most of the houses have done in that street and something that would have flown through the planning process, had this new house not had permission to be built.
Does anyone know if this new build house would have any right for objection towards something that seems to be a prescedent in that street ?
I know the above doesn't have too much detail but it doesn't seem fair that a new place could be built and then reject a change to a house that has been there for 80 years and seems the norm for that particular street.
Question is:
Planning permission has been agreed on a patch of brown field (a guy sold off half his garden to a developer) for a 2 bed property. The property would be built behind the house that we are looking to buy. I've read through the plans and all seems ok regarding sunlight, view, overlooking windows etc but I wondered whether the new residents of the house (once it's built) could object to a planning application from us to build an additional storey over the garage.
This is something that most of the houses have done in that street and something that would have flown through the planning process, had this new house not had permission to be built.
Does anyone know if this new build house would have any right for objection towards something that seems to be a prescedent in that street ?
I know the above doesn't have too much detail but it doesn't seem fair that a new place could be built and then reject a change to a house that has been there for 80 years and seems the norm for that particular street.
The guy in the new house would have as much right to object as anybody else.
Given that there is a good precedent of the garage extension in your street I would say you have a very good chance of getting it approved.
edited for appalling typing
Given that there is a good precedent of the garage extension in your street I would say you have a very good chance of getting it approved.
edited for appalling typing
Edited by Lefty Guns on Monday 13th July 11:49
sebo said:
I know the above doesn't have too much detail but it doesn't seem fair that a new place could be built and then reject a change to a house that has been there for 80 years and seems the norm for that particular street.
As Leftyguns said... you're right, it doesn't seem fair, but that's the way the law works. You can't 'reserve' rights to extend your house against surrounding development - planning applications are determined on their own merits and in the context of existing/approved neighbouring development at the time the application is submitted, so your application will be judged in the context of the new house that's already been approved.Just read this on the Gov. Planning site:
Reading it - it seems that adding a storey above a garage should not require permission (in this context).
Still waiting on the planners to get back to me but wondered if anyone had used the guidlines below ?
Planning Permission
Under new regulations that came into effect on 1 October 2008 an extension or addition to your home is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:
No more than half the area of land around the "original house"* would be covered by additions or other buildings.
No extension forward of the principal elevation or side elevation fronting a highway.
No extension to be higher than the highest part of the roof.
Maximum depth of a single-storey rear extension of three metres beyond the rear wall for an attached house and four metres beyond the rear wall for a detached house.
Maximum height of a single-storey rear extension of four metres.
Maximum depth of a rear extension of more than one storey of three metres beyond the rear wall including ground floor.
Maximum eaves height of an extension within two metres of the boundary of three metres.
Maximum eaves and ridge height of extension no higher than existing house.
Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
Two-storey extensions no closer than seven metres to rear boundary.
Roof pitch of extensions higher than one storey to match existing house.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
On designated land* no permitted development for rear extensions of more than one storey.
On designated land no cladding of the exterior.
On designated land no side extensions.
Reading it - it seems that adding a storey above a garage should not require permission (in this context).
Still waiting on the planners to get back to me but wondered if anyone had used the guidlines below ?
Planning Permission
Under new regulations that came into effect on 1 October 2008 an extension or addition to your home is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:
No more than half the area of land around the "original house"* would be covered by additions or other buildings.
No extension forward of the principal elevation or side elevation fronting a highway.
No extension to be higher than the highest part of the roof.
Maximum depth of a single-storey rear extension of three metres beyond the rear wall for an attached house and four metres beyond the rear wall for a detached house.
Maximum height of a single-storey rear extension of four metres.
Maximum depth of a rear extension of more than one storey of three metres beyond the rear wall including ground floor.
Maximum eaves height of an extension within two metres of the boundary of three metres.
Maximum eaves and ridge height of extension no higher than existing house.
Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
Two-storey extensions no closer than seven metres to rear boundary.
Roof pitch of extensions higher than one storey to match existing house.
Materials to be similar in appearance to the existing house.
No verandas, balconies or raised platforms.
Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.
On designated land* no permitted development for rear extensions of more than one storey.
On designated land no cladding of the exterior.
On designated land no side extensions.
WWESTY said:
"prescedent" does not operate in Planning......unfortunately...
Really? Bugger, thought if your neighbour did it then you are fine, although I guess each plan is judged on it's individual merits and impact to the locale.The new legislation seems to hint that a storey over the garage (providing is sufficiently far enough away from the boundary) requires no planning permission although I need the Planning chap to confirm, if he will indeed give me a straight yes / no.
sebo said:
[The new legislation seems to hint that a storey over the garage (providing is sufficiently far enough away from the boundary) requires no planning permission although I need the Planning chap to confirm, if he will indeed give me a straight yes / no.
If the garage is to the side of the property, there is NO permitted development rights for a first floor "side" extension.edited to add " side " extension
Edited by Busamav on Tuesday 14th July 18:26
Busamav said:
sebo said:
[The new legislation seems to hint that a storey over the garage (providing is sufficiently far enough away from the boundary) requires no planning permission although I need the Planning chap to confirm, if he will indeed give me a straight yes / no.
If the garage is to the side of the property, there is NO permitted development rights for a first floor extension.
I am waiting on Mr Planner to get back to me, hopefully he will have some straight answers although I fear it may be a case of submitting an application and seeing what happens.
edited to make it clearer
Edited by sebo on Tuesday 14th July 16:57
mk1fan said:
It doesn't say it on Direct Gov because it is down to each Authority to interprit and apply the Planning Laws.
Aren't most LA's planning departments towing the same line though? ie near zero permitted development and a fee to discharge it even if its given? I know my LA (I work for them) now have a discharge officer for permitted development...sebo said:
Busamav said:
sebo said:
[The new legislation seems to hint that a storey over the garage (providing is sufficiently far enough away from the boundary) requires no planning permission although I need the Planning chap to confirm, if he will indeed give me a straight yes / no.
If the garage is to the side of the property, there is NO permitted development rights for a first floor extension.I am waiting on Mr Planner to get back to me, hopefully he will have some straight answers although I fear it may be a case of submitting an application and seeing what happens.
edited to make it clearer
Edited by sebo on Tuesday 14th July 16:57
"Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.
Two-storey extensions no closer than seven metres to rear boundary."
You will need Planning Permission.
The neighbours to the rear of "your" property, may object, but as far as I understand it (without seeing a site plan or OS Map) there will be no loss of light... In fact "anyone" can object, but most of the time their concerns are unfounded. A Planning Case Officer will look at the case in it's own right and will look to enforce Planning Guidelines and Local Planning Policy where applicable. In addition to LBC, Greenbelt, AONB, SSSI, etc..
You could look here : http://www.planningportal.gov.uk/uploads/hhg/house...
The loss of light will only be applicable to properties to either side of you. A 45 degree line from the centre of the nearest window (of a habitable room, i.e. a bedroom counts, but not a bathroom) or downstairs...
How close would the external wall of the extension be to the boundary? It sounds as if it will still be more than one metre.. Which is a generally (not in all cases!!) accepted limit..
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