When dealing with planning applications and appeals for minor development it is always worth considering what could be done using permitted development rights and using this as a ‘fall-back’ position to support a planning proposal that would not be permitted development. To strengthen your case always consider applying for a Certificate of Lawfulness of Development or Use as that will give the ‘fall-back’ position greater weight.
Using this principle we have been successful in obtaining planning permission to extend a terraced house that had been refused planning permission on two previous occasions. By obtaining neighbour agreement regarding the scale of development our client was able to secure a large rear extension using the Government’s prior approval notification for a rear extension even though it resulted in privacy issues and the loss of outdoor amenity space. This was then used to convince a Planning Inspector that the previously refused planning proposal should be given ‘significant weight’ in the determination of an appeal.