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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I am not sure of the planning application rule. If i

Customer Question

Hi,
I am not sure of the planning application rule.
If i appeal against a planning application and unfortunately loose, i understand that i am not allowed to apply again for 2 years. Do you know if i can apply not as a new application but as a permitted development rights for extension/renovation.
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The general guidance as far as permitted development rights are concerned is as follows:

Is it necessary to apply for planning permission where there are permitted development rights?

Where a relevant permitted development right is in place, there is no need to apply to the local planning authority for permission to carry out the work. In a small number of cases, however, it may be necessary to obtain prior approval from a local planning authority before carrying out permitted development. Permitted development rights do not override the requirement to comply with other permission, regulation or consent regimes.

 

So, normally, you do not need to make any application in such a case and therefore the 2 years rule would not apply.

 

Hope this helps

Customer: replied 3 years ago.

Hi Many thanks for your timely updates, much appreciated.


 


I had applied for full planning permission to demolish a set of derelict agricultural buildings and replace it with a residential dwelling back in November, 2013 and was refused planning a few weeks ago(currently awaiting refusal reason/report from planning department).


 


I am considering to appeal against the decision, hence the question.


As per recent rules that came into effect 01/04/2014, that we can convert "Redundant agricultural buildings to residential" under permitted development rights, with that in light can i just seek to the to obtain prior approval from a local planning authority before carrying out permitted development.


 


Or should I go down the appeal route. Please can you advise.


 


The other bit is, if I should apply for approval under permitted development rights first, and should the local council turn it down then submit the appeal to my planning application accordingly.


 


Please can you advise.


 


Thanks in advance.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

I would suggest that you lodge an application for approval under the new rules which came into effect yesterday, 6th April 2014 and forget about the previous application made in 2013.

This site has useful information:

http://www.ruralsolutions.co.uk/new-residential-opportunites-for-redundant-agricultural-buildings-qa/

UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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Customer: replied 3 years ago.

 


Many thanks for your advise.


As mentioned, i received the informal decision for refusal at the committee hearing on the 02/04/2014, and awaiting for the official refusal report.


 


In you last update you are advising to lodge an application under the new rules, is it for the permitted development rights, or is it going to be similar to new planning permission application.


 


I was hoping to appeal as it is free service; i believe if i apply again under new rules will it be free too or will i have to pay the new fees. Do you know which application i will have to fill, i suppose we will have to tailor the design to renovate the existing barn as opposed to our original recommendation to knock it down and build a smaller house in its place. Please can you advise.


 


Again, the building is a dutch barn with 2 halves(circular arch main part of the building and the slant portion), am i allowed to remove the slant portion currently at the back of the barn and bring the slant with a different design at the front of the barn. The original plan we submitted was to re-site the location of the barn and bring it slightly forward. Please advise.


 


Thanks in advance.


 

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Expert:  Nicola-mod replied 3 years ago.
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