rebuilding a garage to have it attached to original house

[^woody^]

While waiting for our appeals outcome from Planning Inspectorate we submitted CLD application with fall back plans showing the garage detached from the approved extension. However after initially validating the plans council now requesting to submit existing plans or they will invalidate the application even though it's an incomplete structure.

By now I know my council and their evil representatives trying to make scores for personal career progression. I requested our town planner to make it clear for the case worker to assess the application as submitted.

Today I find following information and this confirms council ill intentions to refuse our CLD which will have an impact on our appeal and any future enforcement.

"When an extension to a dwelling is detached from it to create a separate structure, it is not possible to claim Class E permitted development rights for the resulting outbuilding, as demonstrated in Hillingdon 09/01/2012 DCS No 400-001-448. In upholding an enforcement notice requiring the removal of an outbuilding in the rear garden of a dwelling in Middlesex an inspector decided that the appellant could not benefit from permitted development rights under Class E of Part 1 to Schedule 2 of the GPDO. The appellant had erected the building which formed an extension to the property and then, as a separate operation, undertook further works which created a standalone garage. The inspector concluded that as two separate building operations had occurred and since only the original could benefit from permitted development rights, the creation of a separate building by demolishing part of the original structure could not benefit from permitted development rights under Class E."

We are not professional builders and as layman done everything in our power before reforming first ever property to suit our needs. I don't want to be negative but this is a nightmare for us and don't know when this all will end.

So, you built a big extension under PD, the council enforced based on it not being PD, you submitted a full pplication which was refused based on it breaching planning policy, so you appealed the refusal and submitted a LDC application at the same time (which is not always a good idea) based on a fall back (ie a reason why the council should have approved it) but the council are saying that the fall back does not apply because the fall back would not be PD in the first place?

That seems a correct decision from the council.

If the original work was not PD, and if it breaches planning policy, and you can't achieve the same thing under PD rights, then any appeal must fail.

 

[zeetopchoice]

So, you built a big extension under PD, the council enforced based on it not being PD, you submitted a full pplication which was refused based on it breaching planning policy, so you appealed the refusal and submitted a LDC application at the same time (which is not always a good idea) based on a fall back (ie a reason why the council should have approved it) but the council are saying that the fall back does not apply because the fall back would not be PD in the first place?

That seems a correct decision from the council.

If the original work was not PD, and if it breaches planning policy, and you can't achieve the same thing under PD rights, then any appeal must fail.

I had planning permission for 4 meter extension but it leads in to existing garage (Council confirmed via an email garage will be attached to new extension). Later during planning application process we were advised by council representative this garage can be reformed at later date under PD. We also made a note on the drawings to make sure it's in writing.

We completed the kitchen extension and then reform the garage. Someone complained and enforcement team came out to review. I provided them with all the written information and they informed me over the phone "No further action will be required". I followed up all phone conversations with email to keep it as evidence.

Someone complained again and enforcement changed their stance requesting us to either submit retrospective planning application or detach the garage. Council have now refused retrospective planning application on grounds mentioned earlier. We have appealed and as fall back trying to get CLD with amended plans showing garage detached with maximum roof height of 2 meters.

Council representatives have been acting irresponsibly.

 

[^woody^]

Oh well. Good luck with it.

These things can turn on very specific things, so what may be OK on first sight may not be when past inspector decisions come in to play.

And I would not go as far as to say "trust", but never rely on the opinions of planners when asking what you can (or can't do). Things change back in the office, and it's not always the planner's fault or decision.

You can use the Local Government Ombudsman to complain about the councils actions. This won’t help with nor can change the actual planning decision, but it can deal with how you were treated and maladministration by the officers. You have to use the councils complaints system first, and then escalate it if not happy. It's worth doing if you are agrevied with the way they dealt with you, and conficting advice given.

 

[zeetopchoice]

Oh well. Good luck with it.

These things can turn on very specific things, so what may be OK on first sight may not be when past inspector decisions come in to play.

And I would not go as far as to say "trust", but never rely on the opinions of planners when asking what you can (or can't do). Things change back in the office, and it's not always the planner's fault or decision.

You can use the Local Government Ombudsman to complain about the councils actions. This won’t help with nor can change the actual planning decision, but it can deal with how you were treated and maladministration by the officers. You have to use the councils complaints system first, and then escalate it if not happy. It's worth doing if you are agrevied with the way they dealt with you, and conficting advice given.

Thank you very much for your kind advice.

We just want to be over and done with all this unnecessary headache.

Hoping to get a positive outcome from planning inspectorate and close this bitter chapter in our life.

 

[Leofric]

Anybody building without planning permission and then making a retrospective application for approval risks it being rejected , especially if it relies on verbal ' advice ' given by planners and a convoluted sequence of events I don't buy this 'By now I know my council and their evil representatives trying to make scores for personal career progression ' because somebody falls foul of the planning system.