Separate PD and PP approvals for different elements of the build - do we have permission?

January 7, 2024 by Ben in forum Planning Forum

#2182 Ben, 7 January 2024, 14:11

We are trying to build a side return extension in Birmingham. Working through an architectural/planning practice, we initially applied for Permitted Development. We were not able to get the full plan approved due to the length of our existing rear wing (7.5m), being told that PD would only apply for up to 6m from the rear of the building, with planning officers judging our home to have two rears; one from the main part of the building and one from the rear wing.

We altered our PD application to cover up to the 6m mark and then applied for Planning Permission for the remaining 1.5m. We were also not able to get this full plan approved as Birmingham only enable applications based on work that is ‘substantially completed’, meaning that we couldn’t put in an application based on the approved PD element.

We couldn’t get the full plan through just PP due to the 45 degree rule. As such, we revised the PP so that the build began approx 3m from the back of the main part of the house (meaning it was in line with 45 degree requirements) and then reached to the end of the rear wing.

This means that across the two applications we have approval for all the elements that we want to build, but neither application shows the full build in itself.

After initially suggesting that we should build the PD element to ‘substantially complete’ and then re-apply (something we really don’t want to do), our architect has now suggested to us that we do in fact have permission to build everything that we want to build and are good to proceed.

We are very nervous about this idea, as we are unsure that the council would see it the same way.

Do people on this forum agree with our architect that we have the approvals that we need?

#2183 Damian, 7 January 2024, 18:49

I have replied to your post on BuildHub.

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