Green Belt Question

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    Green Belt Question

    We are currently in dispute with the council regarding the construction of a replacement bungalow. The council are quoting a 90 sq mtr maximum floor space rule. However they quote that the Council recently took the decision to consider the policies in the now withdrawn Replacement Local Plan as material considerations in the determination of planning applications. One of these policies refers to extensions and replacement dwellings in the Green Belt being considered up to 180 sq mtrs in floor area. They say though that in considering such proposals the question of size of dwelling has to be considered in relation to the character and size of existing dwellings and those in the surrounding area.
    I am proposing a floor area of 140 sq mtrs, my neighbours either side have 174 sq mtrs and 230 sq mtrs so my proposal is far smaller.
    I have had ongoing calls and meetings with the council but they will not consider anything over the 90 sq mtrs and so we are going to appeal.
    Can anybody give me an idea if I have any chance of getting the 140 sq mtrs in view of the neighbouring properties
    Thanks very much

    #2
    Subject to what planning policy actually says and its status, it sounds as if you have a good case. It also sounds though, as if it is a matter that needs good negotiation.. and don't let the council negotiate you into a corner!!

    The best advice might be to contact a good planning consultant...

    PETER

    Comment


      #3
      Catwomen, which Coucil is it?

      I believe there are some wires crossed somewhere regarding what policies the council are using as material consideraitions, what can and cannot be used is firmly (and consistently) decided by central government.

      Let me know the council and I will have a browse for you.

      Comment


        #4
        Hi there , it is Basildon Council in Essex. Any help would be very much appreciated.

        Comment


          #5
          Looking at the Basildon District Council Adopted Local Plan (1998), policies BAS GB3, 4, & 5 all qoute this 90sq.m figure that you have been told. These policies are the policies that should be used for development control purposes i.e. material considerations.

          The Council appear to have begun a process for reviewing this plan which appears to have been later abandoned (quite common). This may have had the larger figure that you have quoted (180 sqm). This plan shouldnt be a material consideration and shouldnt be used for development control puroposes.

          With knowing what the council has said its difficult to comment further. However if you appealed the councils decision, it would be looked at in terms on the 1998 plan which quotes the 90 sqm figure.

          Comment


            #6
            OK I understand but does the fact that both neighbours are way over the 90 sq mtr rule lend any weight to my application?

            Comment


              #7
              Originally posted by catwoman100 View Post
              OK I understand but does the fact that both neighbours are way over the 90 sq mtr rule lend any weight to my application?
              Did their developments pre-date introduction of the 90 sq. m. limit, perhaps?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                As far as I am aware the 174 sq mtr house was given PP after 1998, the 230 sq mtr house has had various extensions to the original dwelling in the last 6 years, not applied for PP, resulting in its current size and was refused permission for a conservatory but built it anyway. The council are aware of this but have taken no action.
                Does the 4 year rule apply in the Green Belt?

                Comment


                  #9
                  Originally posted by catwoman100 View Post
                  As far as I am aware the 174 sq mtr house was given PP after 1998, the 230 sq mtr house has had various extensions to the original dwelling in the last 6 years, not applied for PP, resulting in its current size and was refused permission for a conservatory but built it anyway. The council are aware of this but have taken no action.
                  Does the 4 year rule apply in the Green Belt?
                  The four year rule applies in the greenbelt.

                  The 90sq.m is in addition to the original floorsize of the dwelling that is being replaced.

                  The 174 sqm house could therefore originally only been 80ish sqm (84+90 = 174 sqm, which would be broadly acceptable in terms of this policy).

                  The 230 sqm house would be allowed also to extend upto 90 sqm. If no planning permssions have been applied for and we are unaware of the original size of the dwelling, then its difficult to know whether its allowed or not!

                  How bigs the dwelling your replacing? (the original size - extensions etc), as it been demolished yet? (If so when?)

                  Comment


                    #10
                    The council are quoting the size of the original bungaow as being 52 sq mtrs using a date of 1 July 1948 although they acknowledge that various extensions were added after.
                    We applied for PP in 1987 to replace the bungalow and were granted permission for 80 sq mtrs and removing permittted development rights.This reflected the Councils policy at the time of permitting a 50% increase in floor area. Work was started but never completed and over the years we have seen the houses either side being extended and decided to apply for further permission for the 140 sq mtrs, somewhat smaller than what is either side.
                    The original bungalow, which is at the rear of the site has not been demolished, but will be once the replacement is completed as stipulated in the 1987 permission.
                    Which size is used when working out what is allowed. The size as at 1 July 1948 or the size it was in 1989 when I applied for the original PP when various extensions had already been added prior to when I purchased the property.
                    Also your comments seem to suggest that you are allowed 90 sq mtrs on top of the original floor area. So if we take the 1948 size of 52 sq mtrs plus 90 sq mtrs we would be allowed 142 sq mtrs. Is this correct? On the PP refusal letter they quote a policy as follows
                    Proposals for the replacement of existing dwellings in the Green Belt will be assessed against the provisions of Policy BAS GB3 of the Basildon District Local Plan Saved Policies, which provides that dwellings wil be allowed to extend to 90 sq mtrs or by 35 sq mtrs over and above the original floor area of the dwelling or the area at 1 July 1948 whichever is the greater.

                    Comment

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