Garage Conversion

Joined
30 Mar 2020
Messages
7
Reaction score
0
Country
United Kingdom
We have an integrated garage which the previous owner part converted almost 9 years ago. The front 1m depth of the garage is in its original state with a garage door, and this is used for storing bikes etc, behind this is the converted room. This work was signed off and certified by building control at the time.

I was looking to convert the remaining front 1m section and brick up the garage door and insert a window, so I contacted the council. I was told there was a condition that stated the garage has to be used as a garage, and that whilst the work was signed off, it required planning permission. The 10yr rule and not the 4yr rule is applicable, so they could turn around to enforce this, or even force me to revert to original garage.

I was also told that another potential issue with getting permission was that I'd need to find an additional car parking space, as converting the garage would effectively mean losing one. Currently I have space for 2 cars on the driveway, so finding a 3rd space would be a problem (we only have 2 cars). Apparently the conversion would also mean that it would be classed as a 4th bedroom (I'd use it as an office), which is another reason for needing 3 car spaces.

Do I apply for full planning permission now or wait until the 10yr limit has come up? I'm assuming there wouldn't be anything stopping me from doing the work mentioned above after 10yrs, as technically it's no longer a garage. There is also the issue about parking if I do apply for planning permission.

Thanks for your advice.
 
Sponsored Links
There is/was a reason a condition exists preventing from converting the garage via PD. Because of the condition, a formal Planning (Householder) application would be required to convert all or part of it and because of that, the LPA would assess the loss of the garage space and how it would impact the existing off-street parking situation.

The LPA should not just assume the converted space would be used as a Bedroom and therefore the requirement for the additional space. The additional space normally derives from the fact you are taking away an existing space. There may be some relaxation on the rules and the LPA’s requirements if a precedent has already been set locally. Also in most situations, single garages aren’t big enough to provide vehicle parking anyway and for developers, normally count as 0.5 space. That too could be used as an argument.

Wasn’t the lack of Planning approval for the part garage conversion picked up when you bought the property?
 
Wasn’t the lack of Planning approval for the part garage conversion picked up when you bought the property?

Thanks for the reply. The garage conversion was picked up during the buying process and the building control certificate was provided, however the lack of planning approval was not queried, or raised as a potential issue to me at the time.
 
I've had a look at the original floor plan pre-conversion which states the garage was 4.9m x 2.9m. According to the council, a space below 7.5m x 3.5m is considered 0.2 of a space, however the minimum size for this is 6m x 3m. Assuming I've interpreted this correctly of course.
 
Sponsored Links
Thanks for the reply. The garage conversion was picked up during the buying process and the building control certificate was provided, however the lack of planning approval was not queried, or raised as a potential issue to me at the time.

That is odd and I don’t know why yours (and others) solicitors/agents don’t pick up on this as Planning comes first and in my opinion, is usually the more important.

I've had a look at the original floor plan pre-conversion which states the garage was 4.9m x 2.9m. According to the council, a space below 7.5m x 3.5m is considered 0.2 of a space, however the minimum size for this is 6m x 3m. Assuming I've interpreted this correctly of course.

There could be an argument or debate had that the existing garage is currently sub-standard and can therefore not be counted towards the total number of off street spaces. You could look to seek their informal Pre-application advice first? When you got in contact to ask the initial question, I assume you provided the exact address, which is how they were able to advise on the PD restriction?
 
That is odd and I don’t know why yours (and others) solicitors/agents don’t pick up on this as Planning comes first and in my opinion, is usually the more important.
Probably because most conveyancing solicitors know the square root of nothing about Planning- and Building Regulations.
OP would be justified in going back to the conveyancer asking why this was not queried.
 
There could be an argument or debate had that the existing garage is currently sub-standard and can therefore not be counted towards the total number of off street spaces. You could look to seek their informal Pre-application advice first? When you got in contact to ask the initial question, I assume you provided the exact address, which is how they were able to advise on the PD restriction?

When I went through pre-application I did give my address and the outcome was that I needed to apply for full planning permission, and that remained his response after explaining the part conversion work carried out by previous owner. After he mentioned the parking situation may be an issue it gave me doubts whether I would get permission.

Perhaps I need to use a planning agent to make the application, as we'd need to be proactive and explain why we don't believe we'd need a 3rd space etc?
 
You wont get permission if you can't get the number of specified cars safely and adequately on your land, without needing to use on-street parking.

You need to refer to the original condition, and also the current new development policy regarding off-street parking provision - typically based on number of bedrooms or suchlike. You just wont get permission if you can't meet the policy, and there is no such thing as precedent or "that bloke down the road has done it", or "I could not fit a car in that poxy garage anyway". It's all about the policy.
 
You wont get permission if you can't get the number of specified cars safely and adequately on your land, without needing to use on-street parking.

Regarding parking, we live in a quiet cul-de-sac which isn't maintained by the council (stated in the deeds). I also own the land in front of my driveway which gives me enough space to park a 3rd car across the front of my cars on the driveway. This also allows enough space (another car width further in front) to get past, so not sure whether that could be an acceptable solution to the parking issue?
 
You just wont get permission if you can't meet the policy, and there is no such thing as precedent or "that bloke down the road has done it", or "I could not fit a car in that poxy garage anyway". It's all about the policy.

Your experience does not mean it applies to all applications with all LPA’s. I have recently dealt with an application that was approved because of others having already carried out the conversion and sub-standard garage spaces as per the attached image from the Planning Officer’s report.
 

Attachments

  • 43A26C66-F0B3-48C3-B529-7E6CB0B108FD.jpeg
    43A26C66-F0B3-48C3-B529-7E6CB0B108FD.jpeg
    223.8 KB · Views: 241
Your experience does not mean it applies to all applications with all LPA’s. I have recently dealt with an application that was approved because of others having already carried out the conversion and sub-standard garage spaces as per the attached image from the Planning Officer’s report.
Wonderful. I'll organise a national clap for DOH from our doorsteps, next Thursday. (y)
 
Cracking!

However, I’m glad the OP is aware that you can still get Planning even if others have done it along with sub-standard garages.

“Each application is determined on its own merits and is on a case by case basis...” Good old Planning caveats.
 
The LPA should not just assume the converted space would be used as a Bedroom and therefore the requirement for the additional space. The additional space normally derives from the fact you are taking away an existing space.

So as mentioned, we could possibly argue the garage was too small to be considered 1 space, however that doesn't get me past the rule of 3 bedrooms = 2 spaces, 4+ bedrooms= 3 spaces. I have seen this rule enforced for other garage conversions in the area.

Would stating that the converted garage will be used as an office (I work from home) be enough for them to not class it as an extra bedroom, thus not needing an extra space? The pre-application case officer informally over the phone suggested that if it is converted into a habitable room, it would be counted as an extra bedroom.

Apologies if I'm repeating myself, I'm just trying to weigh up whether I make a full application.
 
Would stating that the converted garage will be used as an office (I work from home) be enough for them to not class it as an extra bedroom, thus not needing an extra space? The pre-application case officer informally over the phone suggested that if it is converted into a habitable room, it would be counted as an extra bedroom.

I'd not tell the LPA that - you could end up paying business rates on the room.
 
Would stating that the converted garage will be used as an office (I work from home) be enough for them to not class it as an extra bedroom, thus not needing an extra space? The pre-application case officer informally over the phone suggested that if it is converted into a habitable room, it would be counted as an extra bedroom.

An office is still a habitable room. There are some rooms that are not considered to be habitable...

https://www.planningportal.co.uk/directory_record/275/habitable_rooms

The number of parking spaces is normally determined by the number of bedrooms and not habitable rooms. So as you are not in theory adding to the number of Bedrooms, the only thing the LPA would consider is the loss of a (sub-standard) garage parking space, which as mentioned may not actually be an issue.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top