Amendment to existing planning permission.

horsebox7

Hi,

I have started to build a house i currently have permission for. Can l apply to amend a condition imposed on the permission now or is it too late as i have already commenced development?

Thanks

Gumbo

horsebox7 wrote: »

Hi,

I have started to build a house i currently have permission for. Can l apply to amend a condition imposed on the permission now or is it too late as i have already commenced development?

Thanks

You have to appeal the condition. It’s too late now.
You would have to apply for a new planning application to try design out the condition and see if it’s granted.

What’s the condition?

horsebox7

Gumbo wrote: »

You have to appeal the condition. It’s too late now.
You would have to apply for a new planning application to try design out the condition and see if it’s granted.

What’s the condition?

Thanks a million. Condition relates to gutters and soffit overhanging boundary with neighbour.all foundations are inplace already but builder didnt design so that gutters and soffit didnt overhang. Neighbour isnt happy. I could either take your advice and reapply and design out condition or else just proceed and apply for retention. Probably easier to go for retention. O cant see them taking a whole house down.

Gumbo

horsebox7 wrote: »

Thanks a million. Condition relates to gutters and soffit overhanging boundary with neighbour.all foundations are inplace already but builder didnt design so that gutters and soffit didnt overhang. Neighbour isnt happy. I could either take your advice and reapply and design out condition or else just proceed and apply for retention. Probably easier to go for retention. O cant see them taking a whole house down.

This a different issue. This is not just a planning condition, over sailing the boundary is a legal issue and brings with it serious consequences for both properties.

Both properties may become unsaleable due to oversailing the boundary.
You need to sort this now.

And no planner will give permission to build or overhang the boundary. Retention would be a waste of time.

db

horsebox7 wrote: »

Thanks a million. Condition relates to gutters and soffit overhanging boundary with neighbour.all foundations are inplace already but builder didnt design so that gutters and soffit didnt overhang. Neighbour isnt happy. I could either take your advice and reapply and design out condition or else just proceed and apply for retention. Probably easier to go for retention. O cant see them taking a whole house down.

They will most likely tell you to take it down.

sydthebeat

horsebox7 wrote: »

Thanks a million. Condition relates to gutters and soffit overhanging boundary with neighbour.all foundations are inplace already but builder didnt design so that gutters and soffit didnt overhang. Neighbour isnt happy. I could either take your advice and reapply and design out condition or else just proceed and apply for retention. Probably easier to go for retention. O cant see them taking a whole house down.

Don't go near planning, you will not get permission to retain a structure that is over sailing into someone else's land.

Get the builder back to do it properly. Take off the eaves and build up a parapet like he should have do originally.

I laughed when you said "builder didn't design it that way"..... Builders shouldn't be designing full stop

mickdw

Can you not alter the design to parapet on that side, just a flush wall, no overhang with valley and gulley inside.

horsebox7

If i get builder to create a parapet and valley gutter do i need to reapply for permission for this change as side elevation will have changed?

sydthebeat

horsebox7 wrote: »

If i get builder to create a parapet and valley gutter do i need to reapply for permission for this change as side elevation will have changed?

Isn't there a condition of planning requesting you to do this very thing??

horsebox7

sydthebeat wrote: »

Isn't there a condition of planning requesting you to do this very thing??

No condition just says no gutters, soffits, facias shall overhang the site boundary

sydthebeat

horsebox7 wrote: »

No condition just says no gutters, soffits, facias shall overhang the site boundary

that IS a condition.


well then, you don't have to reapply for permission if you can show that you are complying with a condition of the the original permission.

mickdw

In the situation you are in with foundations where they are etc, Id build it with the parapet design with all flush detailing to the neighbour facing side, inward sloping capping etc.
At least you dont have the boundary issue then.
If its deemed a planning issue, you shouldnt have an issue with retention. After all you are attempted to comply with what they required and arguably they should have included as part of that planning condition a requirement that revised drawings showing compliance be submitted prior to comencement.

Dudda

This is a new house so somebody is going to have to sign off on the house when finished that it's in compliance with planning permission and building regulations. Give them a call first.

DO NOT INSTRUCT A BUILDER TO BUILD A PARAPET. Builders aren't designers, builders don't sign of on planning and builders do whats easiest when they don't have a drawing. You need to get a sketch or drawing done of a parapet or other solution (secret gutter) and make sure the person that's going to sign off is happy. Then send the drawing to the builder to get it priced. Then tell the builder to proceed.