| No. | Condition Text |
|---|
| 1. | Proposal is not permitted development due to the proposed extension being more than half the width of the original dwelling (where there is a staggered original rear wall or where the proposal extends beyond the rear wall). Even with the intent to demolish the furthest forward rear wall (characteristic feature), case law advises that the 'original' rear wall is the element to be taken into consideration. |
| 2. | This written notice indicates that the proposed development would not comply with condition A.4 of Schedule 2 Part 1 Class A of the Town and Country Planning (General Permitted Development) Order 2015. It is important to note that this written notice does not indicate whether or not the proposed development would comply with any of the other limitations of conditions of Schedule 2 Part 1 Class A.
The applicant has the right to an appeal against this notice to the Planning Inspectorate, see details below. |
| 3. | Procedural Matter Informative
The applicant should note that no Certificate of Lawfulness was applied for following the approval of the Larger Homes Extensions application reference Y0544.21 and therefore no checks were undertaken to ensure that the proposal adhered to the other criteria set out in Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 for a single storey rear extension.
After reviewing the historical plans for the original dwelling, it should be noted that the prior approval application Y0544.21 which was the previous submission, would not comply with permitted development and therefore a planning application would be required, should you wish to proceed with the proposal. |
