Planning permission carport garage door

Dmann · 24 Apr 2020

Hi All.

Was wondering if I could get some advice. We have a property built in 2018 with adjoining carport to neighbours that goes from front to back of property so anyone can get into garden through car port. Both me and my neighbour put garage doors on front and a wall with door at back for security. We do park car in this space. We did this 2 years ago. I have checked planning conditions on delegated offices report and there is no mention of keeping this space open. If I apply for retrospective permission should this be ok? Or would the 4 year rule after the 4 years make this lawful with a COL?
View media item 104359Thank you.

sircerebus666 · 25 Apr 2020

Not sure about the planning permission aspects but why are you worrying about this now after two years?

As this is a new build do you have any covenants that relate to the frontage of your property?

nickjb · 25 Apr 2020

If its been there 2 years and no one has mentioned it then I'd keep quiet. If does become an issue you can always apply for permission then.

Dmann · 25 Apr 2020

Thanks for the replies.

sircerebus666 said:
Not sure about the planning permission aspects but why are you worrying about this now after two years?

As this is a new build do you have any covenants that relate to the frontage of your property?

I have spoke to the builder and solicitor about covenants as there is one about no building to be in front area and they are both happy with this. Would you know who puts these covenants on new builds i.e is it the builder that would benefit from it or council? Asking as the builder cannot remember who put this there and I cannot see who would benefit?

Thank you.

^woody^ · 25 Apr 2020

Covenants and easements are generally put on the deeds by the land owner, not by the council.

Rather than the deeds, you should check the original planning permission for the house as there may be a condition removing permitted development rights, or preventing this type of work.

Dmann · 25 Apr 2020

^woody^ said:
Covenants and easements are generally put on the deeds by the land owner, not by the council.

Rather than the deeds, you should check the original planning permission for the house as there may be a condition removing permitted development rights, or preventing this type of work.

Thanks for the reply. Would this info be on the officers report showing the conditions of approval?

tony1851 · 25 Apr 2020

Dmann said:
Thanks for the reply. Would this info be on the officers report showing the conditions of approval?

It will be on the planning permission document itself, usually available on the internet.

^woody^ · 25 Apr 2020

You need to look at the actual approval notice, as that lists any conditions and their details.

If that house is part of a larger estate built at the same time, then there will be an approval for that.

It will be worded specifically as a condition (eg carports to be kept open), or referenced as an "Article 4" directive, which is a blanket removal of permitted development rights for an estate or wider area.

Dmann · 25 Apr 2020

So in this?

Dmann · 25 Apr 2020

The two properties are the only new builds on the street it was two bungalows purchased and knocked down.

^woody^ · 25 Apr 2020

7, 8 and 10 would cover changes. Written with sufficient vagueness as a catch-all.

Keep your proof of date the work was done, then it will be 10 years not 4 as it's a breach of condition.

If you were minded to apply for permission in the meantime, then as long as it's kept for parking then it may be viewed favourably. But do your research first, in case other factors apply.

Dmann · 25 Apr 2020

Thank you.

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Planning permission carport garage door

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