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Do I need Planning - Pre Application process...

Postby reginald » Tue May 22, 2012 9:28 am

I have a garage in my front garden and wanted to know if I needed planning permission to add veluxes, put on a new roof, insert a flue and a toilet and basin. On asking the council they said all you need to do is fill out a 'do I need planning application form' I paid £30 sent off the form with sketches and clear explanations of what I intended to do. The council wrote back to me saying I did not need planning permission as it was all under 'Permitted Development' All the work has now been done but a neighbour (who is proving to be a royal pain in the backside) has complained to the council about the works. The planning enforcement officer paid me a visit, this was his response:

"Unfortunately, having considered the information provided, including the Council’s decision, I do not agree that the works to the building are ‘permitted development’ under Schedule 2, Class E of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, This is because there is a fundamental conflict with section E.1 (b) which stipulates that development is not permitted under Class E if “any part of the building…would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse”. That means that development is not permitted under Class E in any area in front of your house, and therefore that planning permission is required for the works currently in progress, including the flue."

On the pre -app I supplied there was a sketch which clearly showed the road at the front of the house, the outbuilding and then the house.

He then carried on to say "The works appear to be being carried out to a high standard, and I have no issue with the alterations to the garage generally. However, the principal concern of the complainants is the location and possible adverse effect (from smoke) of the wood burner flue. I do not consider that there is any issue visually, but am concerned about the implications of the flue. In the circumstances, I am seeking advice from Environmental Health colleagues about the acceptability of the flue."

He also mentioned about 'retrospective planning application to retain the works which is an option available to you.'

I have since spoken to the environmental services who say they cannot see the flue being a problem.

What should I do now? And does anyone know how you stand up in court against the council if they have specifically written to you to say you can carry out the works without planning and then after the works are done change their mind?

Thank you for any help given.
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Postby welsh brickie » Tue May 22, 2012 5:03 pm

Yes, apply for retrospective planning.your alterations have already been approved and passed,this is unfortunate red tape.By what I have read your neighbours objection is trivial.
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