Newspaper article The Evening Standard (London, England)

Our Neighbours Extended, So Why Can't We?

Newspaper article The Evening Standard (London, England)

Our Neighbours Extended, So Why Can't We?

Article excerpt

Byline: Selwyn Atkinson

Our planning expert answers your questions QUESTION THE council has refused our "householder planning application" to extend the rear of our house by 10 metres. They say that it would be too big and out of character with the surrounding area. Our garden is very deep and could easily accommodate a large extension. Also, many of our neighbours have extensions of a similar size so we think the council's decision was unfair. We were told these applications were easier than seeking traditional planning approval. But can we appeal? ANSWER APPLICANTS have the right to appeal against a council's refusal of a householder planning application if received within 12 weeks from the date of the decision, according to Section 78 of the Town & Country Planning Act 1990.

Householder applications are straightforward, so expect your appeal to follow "written representations" proceedings, which means submitting your case to the Planning Inspectorate for consideration. Legislation and case law require that each appeal be determined on its own merits and the appointed inspector will consider the council's development plan policies particularly those relating to design, amenity and heritage/ conservation if relevant.

From your brief description it sounds like your extension would not be out of scale/disproportionate to the size of your property or be out of character with neighbouring properties. You may have grounds for an appeal but I would stress that the decision will be dependent on the inspector's own assessment.

Over the last 10 years the Inspectorate has on average received 4,500 to 5,500 householder appeal applications per year and of these between 35 and 40 per cent have been allowed. In a survey, both councils and appellants lauded the rigour and quality of decisions made by the Inspectorate. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.