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I have been granted permission a single storey extension via the prior approval route. Unfortunately I was not aware that the decision notice specifically stated that the consent shall relate solely to the plans submitted.

I have gone ahead and built the extension, however there are differences to what we have built compared to the plans submitted. The architect advised us that this would not be a problem, as the variations are within what would be permitted development.

Having read the planning officers report, I am confident that if the plans had been correct initially, permission would have been granted.

I have received a letter and planning contravention notice from the LA stated that the development is unlawful and that I should submit a full planning application. The planner states his opinion that this is unlikely to be granted.

I am aware that there is an application called a variation of condition and the decision notice does state on it that you can obtain permission for variations, however given that I have already built the extension at considerable expense, I am unsure whether this is applicable or not.

Can anyone give me some advice on what I could do? As mentioned I’m confident that this would get approved under prior approval.

You cannot submit a VoC application following a Prior Approval application. VoC applications can only be submitted following the grant of full Planning applications.

Is the Planning Officer suggesting what you have built would not constitute Permitted Development?

What exactly are the differences between the drawings submitted with the PA application and what has actually been built?

The planning officer has not mentioned that what we have built would not constitute PD. He is saying that we are in breach of condition as the prior approval decision notice states a condition that we need to build exactly as per the plans submitted, which we have not done and we cannot now apply for the PD again.

The property is a two storey Victorian terraced house with a kitchen at the rear of the two storey part on the ground floor. After the kitchen, there was a single storey bit which was 1.8m long and was a bathroom and after this there was outbuildings, which were 5.5m. This was all original, as built.

We applied for a single storey extension of 6m from the rear of the original dwelling house, however the architect drawings show 6m from the kitchen rather than 6m from the bathroom. The outbuildings have been demolished.

What we have actually built is a 5.5m extension from the rear of the bathroom, so when you look at the property the single storey part is 7.3m and this actually finishes in line with where the outbuildings finished.

The planner is not disputing the fact that the bathroom (1.8m) is original and we have built less than the 6m from this. He has an issue with the fact our drawings show the overall single storey bit being 6m and we have 7.3m and the planning condition that we have to build to the drawings submitted.

The decision notice does say:

If the development is not carried out in accordance with the
details submitted with the application, the resultant development would be unauthorised. You are advised to obtain permission for any variations before the commencement of any works


I read this as saying variations are permitted with consent. It does advise you should do this before commencing but the work advise is like a recommendation but is it mandatory?

It doesn’t specifically relate to or mention a VoC/Section 73 application. It just talks about variations to what has received consent should be dealt with formally.

You may have found the works could have gone through a Prior Approval process but PA applications cannot be applied for retrospectively.

You have no choice but to submit a Householder application. If the Planning Officer is mindful to refuse the application, you may have the chance of stating the works would actually still meet the PD guidelines. And the only reason you’re having to submit e HH application is as a result of the works having commenced/completed.