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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I was wondering if a planning permission refusal could be

Customer Question

Customer: I was wondering if a planning permission refusal could be 'over-ridden' by the permitted development rights i.e. if neighbours are told to amend because they have built outside of planning permission given, could they then say 'we will build it under permitted development rights?' Name is ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: my neighbours applied for planning permission to build a dormer. we did not object, and permission was given. They actually built something quite different and we complained. They were told that they must re submit plans as it had been built - these are actually incorrect, as I have pointed out. We await a decision but the town council has suggested that it is so out of keeping and over looking that it should come down and be replanned. My neighbour tells me that if this is the ruling he will simply build a bigger one under the permitted development rules
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Ah, dollars - sorry, thought I was in UK.
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Submitted: 1 year ago.
Category: UK Property Law
Expert:  Buachaill replied 1 year ago.

1. Your neighbour has got the wrong end of the stick here. He cannot build a bigger area with permitted development rights. This is because his existing structure does not have a valid planning permission. hence, he cannot just use his permitted development rights as permitted development rights only attach to validly constructed structures. So until such times as your neighbour complies with his valid planning permission he cannot use his permitted development rights. So you need to realise that this neighbour is just messing with your head in telling you he will build a bigger development with permitted development rights. His problem is that he does not currently have a valid planning permission. His whole structure is unlawful, not just the additional unlawful bit he built recently. So you should just realise that it is he who is in the predicament, not you!