REFUSED: Application for Certificate of Lawfulness for Infill of the Patio Area, Creating a Summer Room and the Installation of a First Floor Balustrade, New Street

22/02923/PLD Halstead, Braintree District Council

View full application here.

The reason for this refusal of permitted development are:

• the extension would exceed 3 metres in depth
• the development involves the creation of a raised platform with balustrade which would have a height exceeding 0.3 metre
• materials are not specified and therefore officers cannot ascertain whether the materials would be similar in appearance

This is not a formal planning application, it is an application to confirm that the proposal do not require planning permission as the proposal are permitted development.

The guidelines for this are very confusing, and it is easy to trip-up and not comply with the PD rights, in particular on terraced houses such as this see location . This proposal however is not really contentious, and with some discussion a full planning application is likely to be approved, however the first floor balcony might still be resisted due to perceived impact on the neighbouring gardens.

PAPA Says - Remove the first floor balcony and go with a full planning application, this should be successful.

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