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Principle elevation

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  • Principle elevation

    Hi,
    my husband and I purchased an old bungalow which had planning consent for substantial extensions, we are in the process of building now. We subsequently applied for consent to alter slightly the elevations and internal layout which was granted. The house sits with its front garden facing the towpath and the rear is accessed via a very small lane off a residential road. Historically the garden facing the river has always been the front and the address of the property reflects this; it is not on the road which one must drive down to access it by car.
    We want to add a double garage in what historically is our back garden our architect informed us that we had to apply for a certificate of lawful development but that this would not be an issue as the garage was ‘permitted development’. The planning department waited until the last moment to inform us that they had refused our application because they have decided to legally reverse our house and make our front garden our back and vile versa. We still have doors where there were originally doors the only difference is that we have replaced the traditional layout with an open plan one and instead of the single door which was there we are installing patio doors to make the most of the view.
    I should mention that we had a huge hoo-ha earlier in our project when a neighbour kicked up a mighty stink about the way the build had been tackled which resulted in a stop notice being served to us and we were told we would have to reapply for planning consent. It was extremely stressful and after much deliberation they eventually conceded that they had been wrong to put the stop notice on our project and our planning consent was reinstated. We were informed that we could have sued them for their actions but we just wanted to resume our build. Finally where we propose to build our garage is an existing double length single garage, there is no vehicular access from the towpath.
    any advice gratefully received.
    Tags: None

  • #2


    What was the exact wording given for refusal of planning permission?

    I understand you wish to replace a double length garage with a double width garage, so not increasing the floor area?

    Comment


    • #3
      Originally posted by des8 View Post


      What was the exact wording given for refusal of planning permission?

      I understand you wish to replace a double length garage with a double width garage, so not increasing the floor area?
      The square meters was increased but still within permitted development. The issue is that the planner decided to turn our house around make our back our front and vide versa. There is no permitted development on the front.

      Comment


      • #4
        So they declined to issue a lawful development certificate because the garage would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse.

        “Principal elevation” – in most cases the principal elevation will be that part of the house which fronts (directly or at an angle) the main highway serving the house (the main highway will be the one that sets the postcode for the house concerned). It will usually contain the main architectural features such as main bay windows or a porch serving the main entrance to the house. Usually, but not exclusively, the principal elevation will be what is understood to be the front of the house. There will only be one principal elevation on a house. Where there are two elevations which may have the character of a principal elevation, for example on a corner plot, a view will need to be taken as to which of these forms the principal elevation.
        (from Ministry of housing , technical guidance)

        So you either contest the local authority decision that the elevation fronting the lane is the principal elevation, or you apply for full planning permission for your garage.
        Neither way is guaranteed successful!

        Comment

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