6 M rear extension prior approval application

Appeal Decision Site visit made on 23 October 2018 by A Parkin BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 28 November 2018 Appeal Ref: APP/N5090/D/18/3203691 120 Sunny Gardens Road, London NW4 1RY  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 1, Class A, Paragraph A.4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).  The appeal is made by Mr D Parnell against the decision of the Council of the London Borough of Barnet.  The application Ref 18/1344/PNH, dated 31 January 2018, was refused by notice dated 8 March 2018.  The development proposed is described as ‘6 M rear extension prior approval application’. Decision 1. The appeal is dismissed. Preliminary Matters 2. The address on the application form did not match that on the appeal form or on the Council’s decision notice and did not contain a full postcode. I have therefore used the address on the appeal form and on the decision notice for this appeal. 3. The appeal development would be a single storey rear extension with a proposed depth of 6 metres from original rear wall, and with an eaves height of 2.43 metres and a maximum height of 3.5 metres, according to the appeal form. 4. Whilst on site I noted that the single storey part of the dwelling that projected from the main rear elevation, and shown as the dining area on the existing drawings, had been demolished. In addition, two trenches had been dug several metres from the rear elevation of the dwelling, in positions that are similar to those of the side walls of the proposed rear extension. 5. I raised these matters with the appellant and the Council, and the appellant’s project manager responded that a planning permission was in place for a 2-storey extension that projects from the rear of the house at ground floor level 3.5 metres, separate to the appeal development. Works had commenced to the rear of the property, but were halted pending the outcome of this appeal. There was no response from the Council. 6. Prior Approval cannot be granted for a development that has already begun. Appeal Decision APP/N5090/D/18/3203691 2 Main Issue 7. Therefore, the main issue is whether or not the proposed development has commenced. Reasons 8. Section 56 (1) of the Town and Country Planning Act 1990 (as amended) (the Act) states ‘Subject to the following provisions of this section, for the purposes of this Act development of land shall be taken to be initiated (a) if the development consists of the carrying out of operations, at the time when those operations are begun’. 9. Section 56 (2) of the Act states ‘…development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out’. 10. Under section 56 (4) of the Act reference to ‘material operation’ in sub-section (2) includes ‘(aa) any work of demolition of a building’ and ‘(b) the digging of a trench which is to contain the foundations, or part of the foundations, of a building’. 11. Based on the information before me and my observations on site, I conclude that the demolition of the single storey part of the dwelling to the rear, and the digging of the two trenches means that the development subject to this appeal has begun. As stated above, prior approval cannot be granted for development that has already begun. Other Matters 12. I am not familiar with the separate planning permission that is referred to above, and it is not relevant to the appeal before me. Conclusion 13. For the reasons set out above, I conclude that the appeal is dismissed. Andrew Parkin INSPECTOR