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!