110 Mossley Road, Grasscroft

110 Mossley Road, Grasscroft

Detailed planning permission was granted to undertake extensions to the dormer bungalow to form a two storey dwellinghouse in the Green Belt.  The Council did not consider the extensions and alterations to be a disproportionate addition over and above the size of the original building.

However, the Council imposed a planning condition that removed all permitted development rights for any future extensions, alterations or outbuildings.

This was duly appealed against on the basis that it did not satisfy the tests of it being 'necessary' or 'reasonable'.  It was argued that Planning Practice Guidance explains that 'conditions restricting the future use of permitted development rights or changes of use will rarely pass the test of necessity and should only be used in exceptional circumstances.'  This approach is further confirmed in paragraph 53 which states that ' planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.'

The Planning Inspector accepted the exception in the Framework of allowing a proportionate extension takes into account the development's effect on openness.  However, he went on to say that this does not mean that further extensions and alterations do not have the potential to result in disproportionate additions over and above the size of the original building.  He also disagreed that the condition had been imposed to remedy an issue created by the existing bungalow that benefits from full permitted development rights as the condition only becomes effective once the permission is implemented.  

The Inspector considered the impact of permitted development rights in terms of openness and encroachment into the countryside and whilst slightly modifying the condition and technically upholding the appeal inserted a different planning condition that removed permitted development rights for development falling within Class A, B, D and E.  The imposition of such a condition does not prevent planning permission being obtained for any future extensions or alterations, but now brings it under the scrutiny of the local planning authority.

On this occasion the condition that removes household permitted development rights is only triggered once the planning permission is commenced/implemented.  Up to that time the original bungalow benefits from permitted development rights.  This will allow the client to build a large detached outbuilding in the side or rear garden without it affecting the extant planning consent, but this must be completed before work starts on the house.

It is always important to remember if the Council removes permitted development rights it can have a significant consequence for future extensions, alterations and outbuildings.  It might be a case that before the condition becomes effective you may wish to consider implementing some permitted development rights especially in relation to outbuildings permitted under Class E of the Town and Country Planning (General Permitted Development)(England) Order 2015.

If you are faced with a similar issue please get in touch to see if we can help.