UKH

Planning Permission - re-application as appeal

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 LastBoyScout 02 Aug 2021

Hi,

Following on from my previous (archived) post here: https://www.ukhillwalking.com/forums/off_belay/planning_permission_inconsistancies-737015

After some discussions with the LPA, it seems the best way forward to try and get them to allow us to have an opening window at 1.6m is to submit a new application and add in as much detail/evidence as I can as to why we should be allowed an opening at less than the 1.7m they originally stipulated. This appears to be a "free go", with no charge, as it's within 12 months of the original application. It'll delay our plans a bit, but bearable in the scheme of things.

They did suggest I speak to my planning agent, but I don't have one of them, as I thought it would have been a straightforward application, given that it seems to be a common installation around here. I'll admit that using one might have avoided this situation!

I'm basically going to re-submit the documents from the first application, but expand the proposal to include the measurements and argue the case that we need that height in order to meet the other clause that says the new windows have to match in with the existing ones.

Another thing that's occurred to me is that, given the relatively low height of the ceiling in the upstairs bathroom (2.2m!), simply raising the windows up to meet the 1.7m requirement would mean cutting into the ceiling in order to install a lintel.

I'll also add another map with photos and locations of other houses on the estate that have windows of the sort we want, as evidence that it will be consistent with the neighbourhood.

Has anyone got any experience of doing this/can suggest any tactics/references that might help?

Any advice greatly appreciated.

 RJML 03 Aug 2021
In reply to LastBoyScout:

Hi,

I think the way you are approaching it is a good way to go for now.

Give the planners some additional detail and provide them with some precedents of similar situations in your local area (be careful taking photographs down the side of peoples houses though - haha). It's worth including the window on the other side of your house if this is the same size/height as the one you want to put in.

It may be worth a quick look online to see if your Local Authority has any SPD's (supplementary planning documents) which can often give guidance on items like this. Keywords/phrases to search for are ‘interface distances’, ‘between properties’, ‘overlooking’, ‘non-habitable rooms’ etc... See if there is any wording which you can point to in support of your application.

It's difficult to advise without knowing how the properties are arranged but I would suggest trying to emphasize that this window is going to be placed in a non-habitable room...ie, a room which people don't generally spend vast amounts of time in, therefore, the risk of a loss of privacy for you or your neighbours may actually be quite low.

I'm not sure of the style of windows which you are hoping to install but could you look to place a restrictor on the window so that it only opens by a set amount? This could help to limit views towards neighbouring properties and may give the planners some peace of mind. It may not be suitable, but I just thought it could be worth a mention.

Although the planning process can sometimes be frustrating, I think the most valuable tactic is to keep every discussion very polite and positive (hard at times). Feed the planners the information they are asking for and try to demonstrate that your solution is in keeping with the surrounding area and will have a minimal impact on your neighbours.

Best of luck!

In reply to RJML:

> I'm not sure of the style of windows which you are hoping to install but could you look to place a restrictor on the window so that it only opens by a set amount? This could help to limit views towards neighbouring properties and may give the planners some peace of mind. It may not be suitable, but I just thought it could be worth a mention.

Over here the planners will impose covenants that overlooking windows should be opaque. This lets the applicant get light into their rooms whilst stopping the overlooking. Opacity can be done with opaque glass or film from B&Q on normal glass.

> Although the planning process can sometimes be frustrating, I think the most valuable tactic is to keep every discussion very polite and positive (hard at times). Feed the planners the information they are asking for and try to demonstrate that your solution is in keeping with the surrounding area and will have a minimal impact on your neighbours.

If there is an option to talk to the planners take it.

 LastBoyScout 04 Aug 2021
In reply to Toerag:

> Over here the planners will impose covenants that overlooking windows should be opaque. This lets the applicant get light into their rooms whilst stopping the overlooking. Opacity can be done with opaque glass or film from B&Q on normal glass.

The windows will be obscure glass, as going into a bathroom and toilet.

> If there is an option to talk to the planners take it.

Yep, been doing that.

 LastBoyScout 11 Aug 2021
In reply to RJML:

Right, application re-submitted with 3 extra documents detailing conversations with planning, our reasoning for the requirement and a ton of evidence as to why we think it's justified.

Fingers crossed...

 RJML 12 Aug 2021
In reply to LastBoyScout:

Great. Good luck!

Let us know how you get on.

 Cobra_Head 12 Aug 2021
In reply to LastBoyScout:

> Has anyone got any experience of doing this/can suggest any tactics/references that might help?

Yes and we failed    a two story extension like the one over the road, but they wanted ours stepping in and the roof dropped. Appealed and failed, said it didn't fit in with the surroundings, even though three houses up the street and opposite did what we wanted!!

The take away from this planning wanted it to blend in, but be obvious it was an extension!!

I'd be tempted to fit a fixed window, the fit an opener after.

Post edited at 10:42
 LastBoyScout 12 Aug 2021
In reply to Cobra_Head:

> Yes and we failed   a two story extension like the one over the road, but they wanted ours stepping in and the roof dropped. Appealed and failed, said it didn't fit in with the surroundings, even though three houses up the street and opposite did what we wanted!!

> The take away from this planning wanted it to blend in, but be obvious it was an extension!!

> I'd be tempted to fit a fixed window, the fit an opener after.

Exactly - the fall-back is to fit the window we want, but with a concealed screw to fix it shut and then remove that screw in a couple of months...


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