Hi All, I hope there may be someone here who can advise me of the next course of action I should take. Briefly, I have applied to my local London council for a Certificate of Lawfulness to cover works to an integrated garage that I am looking to commence soon. My intention was to cut the garage in half retaining storage in one and a cloakroom and utility room in the other. I based my application on a neighbour's similar application that had been approved in 2015. The council refused to issue a certificate because it is in contravention of the original planning permission's restrictions from November 1989. I quote "The parking spaces provided shall be used only for that purpose and no development whether permitted by the Town and Country Planning General Development Orders or not shall be carried out so as to interfere with such use" I spoke to the planning officer and it seems that despite giving approval to my neighbour (It should not have been allowed through??) they had to refuse my application. The officer said that if I submit full planning application he will push this through and of course this is what I will now do. But if this is a restriction set out by the council and enforced by the council how will submitting a planning application over turn the restriction? This he could not answer, so I am naturally wondering if this will fail too...
Certificate of Lawfulness - Refused
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That's a good question. He sounds like a complete idiot and just wants your £172 planning fee. Out of interest why did you apply for a LDC?
Hmm no comment as to his motives. I applied for a LDC as it is a change of use and because my neighbour had done so and been successful. I had not expected to be refused when my neighbour who removed all of his garage got permission. So what do I do? Hand over £172 and submit a application and wait 6 weeks and be told sorry we were wrong, again! Or is there a precedent I can use to claim that the council approve one they cannot now refuse another and say oh it was an oversight and hard luck the rules apply to you but no one else?
There is no discretion with a CoL. If the development is not lawful then the CoL cannot be issued, even if circumstances change over time. A planning approval might be allowed in the same situation however - because circumstances have changed over time. But of course there's no guarantee.
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Precedents do not generally mean that much these days and in anycase you will not be able to cite a mistake made on a separate planning application as a reason for them to make another mistake. Whilst it might not seem like it, they’re applying the guidelines correctly for you not the other way round. They’ve already acknowledged that they screwed up on your neighbours application.
Bummer that you applied as you have drawn their attention to it. It is extremely common for developments such as yours to be conditioned as yours has – ie for the garage to be retained. Generally speaking Local Authorities expect two off road car spaces including a garage or two off road spaces if the garage is converted. How many off road spaces do you have including the garage?
Bummer that you applied as you have drawn their attention to it. It is extremely common for developments such as yours to be conditioned as yours has – ie for the garage to be retained. Generally speaking Local Authorities expect two off road car spaces including a garage or two off road spaces if the garage is converted. How many off road spaces do you have including the garage?
Would he have to pay the usual fee if permitted development rights have been withdrawn?
I’ve come up against this before, I think that if the condition is that the garage must be retained as a parking space then a planning fee is applicable. But if the condition is that certain PD rights are merely withdrawn then a fee would not be applicable.
One off road space and the garage. And yes the requirements were two, but apparently requirements are now not so onerous as the planning officer claims they have a more relaxed attitude providing there is good access to public transport etc... There are numerous off street parking places available through the development so I am hoping they will allow the change of use. I had to apply as the intention is to sell the house in the next year and I did not want there to be problems down the line. I will submit the application and wait to see what happens next. Thanks for the advice
Did he remove ( demolish ) his garage and then build an extension where the garage had been leaving enough space to get a car parked . ?
Building an extension on "free" ground is different to converting a garage That might have been a loop hole to get permission. An extension and retention of the parking space that had been in the garage.
Can you quote the condition in full? Unless the condition specifically cites the relevant part of the Act, I think you may have an argument to consider it invalid - but a planning lawyer could clarify the position.
garage is integrated, its part of the house on the ground floor and the neighbour removed the internal walls and left the garage door with a small space behind for storage. I will need to find the original deeds and planning documents to find the exact wording
Hold it there just a minute, have you inadvertently found some blinding legal loophole that means all these garage conversions with restricted PD don't need an application afterall Naks? Will The Planning Jungle be adding a No.11 to the list of Legal Loopholes?
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