Permitted Development Conditions

One of the questions I get my clients to ask is WHY!

in this case it was why have the planning authority removed my permitted development rights.

The site in question related to:

The application Ref TWC/2016/1029, dated 1 November 2016 and approved on 7 March 2017 subject to conditions. The development permitted was the erection of 4 No. dwellings and garages.

The condition in dispute was No. 15 which stated that:

“Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order with or without modification), the following development shall not be undertaken without express planning permission first being obtained from the Local Planning Authority:
· extension to the dwelling
· free standing building within the curtilage of the dwelling
· addition or alteration to the roof
· erection of a porch
· hard surfacing
· any windows or dormer windows”

The reason given for the condition was is:
“To enable the Local Planning Authority to control the development and so safeguard the character and visual amenities of the area, and to ensure that adequate private open space is retained within the curtilage of the building.

On advice our client, through TPX, appealed this condition and the appeal was successful.

In summary the inspector said:

The provisions of paragraph 200 of the NPPF and paragraph: 017 Reference ID: 21a-017-20140306 of the PPG are clear and unambiguous. The Council’s delegated report is silent on the exceptional circumstances that are relied upon in order to justify the removal of permitted development rights. The reason for the condition refers to the need to safeguard the character and
visual amenities of the area and to ensure that adequate private open space is retained within the curtilage of the building. The wording of this condition is not precise to the circumstances surrounding the application (building or buildings) nor does it explain why such harm would be so exceptional as to warrant refusal without the condition.

The requirements to justify such a condition are high and as such any time you get a condition like this you should always ask WHY!


Busy Day for TPX Group on Wednesday 26th July.

We had three HMO’s in with the Planning Inspectorate and the Local Planning Authority

2 HMO’s were granted on appeal, one with costs and the other without.

1 HMO was granted at committee where the committee stated ‘this is one of the highest quality HMO’s we have seen’

Not bad for a Days Work

Holding Your Nerve

I hate being offered to withdraw a planning application and I frequently advise clients not to! To withdraw a planning application used to be seen as the way to avoid a refusal however in today’s modern planning world planning authorities use it to dispose of applications they would rather not deal with at all.

To give an example.

I have recently dealt with an application for the conversion of four flats to six flats. This should have been a simple matter for the LPA to handle.

However it was the applicant’s third go!

The planning authority had requested that the applicant withdraw the matter twice before using the threat that planning permission would be refused. The applicant accepted this on face value and withdrew…twice!

Now as I said planning authorities use the threat to withdraw because they do not want to deal with the application or, more over, they don’t think they can hold a refusal.

In this case they could not hold a refusal.

Planning permission was granted after a simple pointed email encouraging the planning authority to blink and refuse the permission. The conditions more than overcame the reasons for refusal.

This will not work all of the time however whenever a planning officer asks you to withdraw just remember that they probably don’t want to make the decision they know they have to.