Legal status of council supplementary planning guidance ?

I was planning a rear roof dormer extension.
The council have hit me with this:
If you decide that permission is required then you will need to make a
planning application for the work and this will be assessed against
our supplementary planning guidance for extending your home.
This would require that the dormer is inset within the property by
0.7m to the side and 1m up from the eaves the ridge can be maintained
at the same height as the existing ridge of the property.
I would need planning permission due to other development on the
house. The dormer would exceed permitted development. Also, on the
council notes about needing planning permission, it mentions permitted
development volume AND complying with this supplementary guidance.
There is a house 4 doors away with a dormer showing very little roof
slope below, and more like 40cm inset from the boundaries.
What is the legal status of the "supplementary guidance", and can it
be successfully appealed against ? I'm sure I would have a case to
build a dormer as big as the one 4 doors away.
Reply to
Supplementary guidance (if it is adopted) forms part of the local plan and as such becomes part of the planning policy.
If it is properly adopted, then you have little chance of appealing.
But it depends on how the 'guidance' is worded, as there may be leeway
Reply to
The supplementary guidance is normally part of the local Plan and as such has legal force. Each case will be decided on its own merits. The other property may well have been built, or altered, before the guidance was established. In any case the only way to be sure is to make an application. It is well worth going and discussing the matter with the planners as they do have some discretion and it is the overall look that is important.
Peter Crosland
Reply to
Peter Crosland

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