Seven months for Permitted Development to be approved. That’s not a typo, and this case is a good example of how a ‘simple’ application can be anything but.
Our client sought permission for a rear extension to their property, a former outbuilding for which change of use was granted in 2015. The outbuilding was converted into a dwelling and our client has occupied it as such for over seven years.
Permitted Development approval would normally be a simple process but in this case, various factors added some complexity.
Original planning Application Conditions
The application for the initial conversion was granted with a number of conditions. These included:
- Specific details relating to some of the build’s features were required in advance of the development beginning.
- Specific build elements were required to be completed, prior to occupancy of the dwelling.
- Permitted Development rights on the property were removed.
The absence of Permitted Development rights means a full planning application would usually be required for the proposed work. However, in this case the information and/or work required to satisfy the above conditions (relating to required information and build specifics) was not submitted, agreed, or carried out. As a result, the building has been occupied as a dwelling, without planning permission, since 2015. No enforcement action was taken during that time.
SF Planning evidenced in the application that the planning permission granted in 2015 does therefore not apply to the dwelling. Meaning, none of the conditions attached to that planning permission have any effect. This included the condition removing the Permitted Development rights.
Public Consultation Requirements and Local Planning Authority Pressures
In this case, the Council failed to acknowledge the application’s submission until well beyond the deadline for public comments had passed. The result of this delay was the automatic absence of any registered objections. Permitted Development now a formality, it’s reasonable to expect a decision approving the development within a matter of weeks. Unfortunately for our client, this was not the case.
Increasing pressure on Local Planning Authorities (LPAs) continues to cause significant delays in dealing with even the simplest of applications. For this application, despite continuing efforts to engage with the LPA, our client had a seven month wait from our initial application on their behalf to receiving the approval.
Effective Planning Consultancy
This example demonstrates how apparently simple regulations or policy can be complicated to navigate without the guidance of an experienced planning professional. At first glance, this is a small project with a simple application process. In fact, every application is important and often life-changing for our clients. Even the most straightforward of projects can require significant knowledge, experience, and an understanding of the most effective way to communicate that to the LPA.
We’re delighted that our client now has the planning permission they need to extend their home.
For more information on this application, please contact Aiden Xuezi Zhang.
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