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Q&As
Property demolition and resultant visibility splay condition
I have a detached 1950’s bungalow that I would like to demolish and then rebuild. Through PP for an extension and the removal of bay windows plus the additional allowable Permitted Development of a porch, side and rear extensions there will be very little original wall left standing. Additionally, I want to bring the foundation’s insulation properties up to standard. Therefore, it makes sense to demolish and build new so that everything is to the correct build standards.
The resultant property will have a substantially larger foot print, but will remain as per the original as a 3-bedroom property.
From pre-planning application feedback, I know that if I demolish the building and propose a new build that there will be a planning condition imposed regarding the visibility splay which I am unable to comply with. (The bungalow is on a rural derestricted road). I am told that if a development is a new build, even if it is based in the same position as the original foot print using the same existing entrance/exit to the road that the visibility splay condition will still apply. If, however I ‘extend’ the existing property then my existing entrance and the current visibility afforded is not questioned.
Can a case be argued that as the development proposal is based on 3 bedrooms as per the original dwelling and does not provide for additional occupancy and given the extent of the proposed modifications that ‘re-constructing’ (demolishing) the house would be the optimum way forward?
2 Answers
Hello
We are building a new farmhouse off an existing track which has been used daily by contractors and tenants of a neighbouring property for many years and by ourselves for accessing our farmyard and fields but when we applied for permission for a NEW DWELLING we were refused on the grounds that the entrance did not have compliant sightlines. We tried to reach a compromise with the highways department but there was no room for manoeuveur. In the end we had to find another entrance to our site.
I should NOT demolish until this is resolved. Even our long established Architect was amazed at this.
Best wishes
N. Morris (Hampshire)
Rebuilding would appear to be the better option here and for the visibility splay requirement to prevent that in favour of extension is clearly a nonsense. That said, highways authorities can be remarkably narrow minded about these things.
Ultimately though, the question of conditions is down to the planning officer. You could try going back to whoever gave you pre-app advice and pointing out the nonsense of their current position.
Conditions must meet certain tests, including being reasonable. So if the issue with the splays involves land outside your ownership, that condition would fail the test.
Ultimately, if permission was granted subject to such a condition, you could appeal against its imposition. Your case would be strengthened if you had plans drawn up of the extension alternative option, to demonstrate that would be a realistic, if undesirable, alternative to your new build.
Mike Dade (Build It expert)