Permitted Development and "Engineering Project"

[flyingjase]

I've applied for a certificate of lawfull development in my rear garden and the council are saying that it looks like I will need to apply for planning as the amount iof work constitutes 'an engineering project' and is therefore not allowed under permitted development.

They have figured this as I need to put a small retaining wall of 300mm in which in my view is no where near an engineering project.

Does anyone have any experience of doing a major project on PD rights or what is classed as an engineeering project?

Thanks

[andy43]

I'm not an expert, but I suspect the council is broke, and would like you to pay extra fees for something, anything, whatever they can think of.
Retaining walls suggest higher ground levels somewhere - eg a patio that's (I think?) 600mm from the ground requires PP. And B Regs.
If your wall is only 300mm, I think with slightly less diligent measuring, that the 300mm could be 'missed', not actually required in your planned project, and omitted from your next set of drawings
eta Planning Portal says "Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level.

However, significant works of embanking or terracing to support a hard surface might need a planning application."
300mm needs to go missing <cough>

[flyingjase]

andy43 said:

I'm not an expert, but I suspect the council is broke, and would like you to pay extra fees for something, anything, whatever they can think of.
Retaining walls suggest higher ground levels somewhere - eg a patio that's (I think?) 600mm from the ground requires PP. And B Regs.
If your wall is only 300mm, I think with slightly less diligent measuring, that the 300mm could be 'missed', not actually required in your planned project, and omitted from your next set of drawings
eta Planning Portal says "Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level.

However, significant works of embanking or terracing to support a hard surface might need a planning application."
300mm needs to go missing <cough>

Thanks and that's my thoughts

I think that their motive is not extra fees but to force me down a route where they can remove future PD rights. These days every planning application granted removes these.

It seems they hate the idea that decision making around development has in effect been taken away from them with the relaxed PD law of 2008.

[RedLeicester]

Not so sure tbh chap - PD is brilliant, until you trip over the smallest little detasil which ticks the planning box. A retaining wall, no matter how tiddly would be one such tick. Suddenly the uncomplicated becomes complicated. The whole idea of PD is that simple stuff can be signed off without any redress - unfortunately if they did that with yours and then your teeny wall collapsed in a teeny way and squished something teeny, they'd be potentially liable (along with you) for the teeny mess.... stupid, but them's the rules.

[Hub]

flyingjase said:

I think that their motive is not extra fees but to force me down a route where they can remove future PD rights. These days every planning application granted removes these.

It seems they hate the idea that decision making around development has in effect been taken away from them with the relaxed PD law of 2008.

There isn't much incentive to do that because it would generate a lot more work for no income (applications where permitted development rights have been taken away are free).

Anyway, raising ground levels is an engineering operation. I guess it needs control to stop you raising them to a point which results in a loss of privacy for neighbours.

[Busa mav]

Change your wall height to 295mm

300mm and above requires planning.