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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want to build aextension on my barn conversion but have been

Resolved Question:

I want to build aextension on my barn conversion but have been refused after 4weeks no one can see the extension and it is not listed or in conservation area
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you kindly clarify that it is the Local Authority that has refused a planning application for an extension please? If so have they provided reasons for their refusal?

Customer:

East Devon District Council have refused. Their reason is .."by virtue of their excessive size and scale and overly domestic appearance would produce to an inappropriate design which would significantly diminish the simple rural and historic aesthetics of the converted barn." The propose extensions would be around 20% of the size of the original barn.

Joshua :

Many thanks. Finally do you know if permitted development rights have been removed from the converted barn as a condition of the original planning permission for the conversion?

Customer:

yes they where removed

Joshua :

Thank you. This is usual with regards XXXXX XXXXX conversions. Are there any similar extensions that have been granted in the area that you can point to?

Customer:

no

Joshua :

Thanks. Every council is required to create a local plan which it is required to follow. There are differences between local plans from council to council which are permissible providing it follows overall government framework. A good starting point is to obtain a copy of the local plan for your area which is available normally on the councils website or failing which via the planning department.

Joshua :

The plan will describe the areas where particular types of development will be acceptable and will designate other areas e.g. Green Belt land where development is generally not acceptable. The plan will also contain policies relating to design, acceptable uses and other matters. Many planning authorities also publish supplemental planning guidance on particular planning issues. Consider reviewing your application and the reasons given for refusal in particular in accordance with that local plan - the council must make its decisions in accordance with that local plan.

Joshua :

If you do not consider that the refusal is not justified in light of the local plan provisions then you may consider an appeal however this should not be done lightly as there are some costs associated with the same. Alternatively you could consider revising your application to take account of concerns the planning officer has idenitified following discussions witht he officer whereby you may be able to find a compromise which is acceptable to both of you.

Joshua :

Retaining the services of a planning consultant whilst adding fees can assist greatly in terms of achieving success, particuarly if you are considering an appeal, as they will know the local plan intimately and what is likely to be acceptable and what is not.

Joshua :

Consideration could be given to the design of the extension so as to provide for cladding and design that is sympathetic to the existing structure so as to minimise the impact of the same on the existing building.

Joshua :

A combination of the above approaches can prove effective in achieving permission for the extension. It can be a frustrating experience however if you can try rather than seeing the planning officer as the enemy byt rather discuss options with him they can be invaluable in providing insight as to what is likely to be acceptable and similarly if you are willing to consider a planning consultant, their fees can prove well worth while in supporting you with a further application or appeal

Joshua :

Is there anything above I can clarify for you?

Customer:

no thanks

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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