I wondered if it would be possible to throw open a case for cross examination and possibly comparisons made to other similar cases your users of this web site may have. The property is a semi which would benefit from 70m3 PD. At the rear of the property the owners have built a single storey rear extension. There was originaly a single storey rear extension with a cubic vol' of 18m. I have photos of the site before building commenced. It clearly shows the ground level upon which the original single storey building stood. The new extension has been built on this ground level but the ground level adjacent to it has been raised by .4m. In order to overcome the surrounding ground level as it is now being above the damp proof course, an elaborate drainage system has been put in place all the way round the new building. When calculating the cubic volume I have taken what I consider to be the ground level upon which the original single storey extension was built on. The photo attached shows the original ground level. The planning consultant acting for the developers is adamant that the cubic volume be measured from the ground level seen on site now. He also argues that the ground level was not even but sloping down towards the adjoining property and that the highest point should be taken when measuring the ground level. I would appreciate it if anyone has dealt with a case similar to this and if they have any relevent appeals or court cases. I am aware that if it is decided that the volume which is now below the ground level cannot be included in the final volume am I able to consider them engineering works.

 

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