Starting in 2020 through 2021 I submitted numerous (planning fee free) prior notification planning applications for the newly announce Permitted Developments for Additional Storey on various types of dwellings.
Almost all of these types of prior notification application fail and many go on to a planning appeal. The Planning Inspector decision is largely just a second opinion of the initial “Planning Judgement”…
In general across the country there are 3 kinds of determinations:-
A) Where the context is ignored and the dwelling or dwellings are considered in isolation – a special kind of blinkered planning officer or inspector is needed for this kind of “positive” outcome. Here the Inspector, when considering the “external appearance of the building”, indicated that it was not necessary to assess the impact of the proposed development upon the character and appearance of the surrounding area. Summary: If you dont appeal you wont know if you might have been lucky…
Examples of A) are
APP/J1535/D/21/3266264 ‐ 1 The Cedars, Buckhurst Hill, Essex, IG9 5TS
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3266264
APP/X1735/D/21/3269472 ‐ 6 London Road, Cowplain, Waterlooville PO8 8EW
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3269472
APP/T1410/W/20/3263486 ‐ Seaforth Court, 91 Victoria Drive, Eastbourne, BN20 8LA
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3263486
B) Where the context is taken into consideration and the additional height does not disrupt the rhythm of the street scheme and in this case forms a crescendo – full stop to a cul-du-sac. Here the Inspector, when considering the “external appearance of the building”, assessed the impact of the proposed development upon the character and appearance of the surrounding area and concluded that this would be acceptable. – but Unacceptable is a more likely outcome. Summary: If you dont appeal you wont know if you might have been lucky…
An example of B ) is as illustrated here at 5 &6 Miles Hill Square, Miles Hill, Leeds, LS7 2EN
https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3267819
Postscript: This paired additional storey can then be combined with a larger single storey rear extension (of up to 6m x the full width) to the rear to truly supersize this pair of semi-detached houses under permitted development rights.
C) Where the context is largely none existent eg. a bungalow in green belt – here the additional storey permitted development comes into its own as it drives a coach and horses through the green belt policy. Summary: If you are lucky you will get this approval, but if refused and you don`t appeal you won1t know if you might have been lucky the second time round.
Examples of C) are:-
Reva Bungalow, Goose Lane, Hawksworth, Leeds, LS20 8PL at
Highfield Farm, Mall Lane, Guiseley, Leeds, LS20 9QA at
Randomly however other situations can be approved by the Local Planning Authority such as at
6 Purbeck Grove, Garforth, Leeds, LS25 1HP
Ultimately the court decide on how to interpret the legislation and we now have a Court ruling report of Feb 2022
In summary this states that the context needs to be taken into consideration when exercising planning judgement – and good thing that is to!
Portfolio
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