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Conditional Approval - Garage

Discussion in 'Building Regulations and Planning Permission' started by Mangal, 2 Nov 2017.

  1. Mangal

    Mangal

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    Hi
    We bought a property three years ago which had a conditional approval for garage. Any alterations that needs to be done need to get the DPA approval.

    Does it mean our entire property is coming under Article 4 direction? Are we not even allowed to build a PD conservatory without council's permission?

    If i look at the deed property, I can't see any Article 4 instruction at all. So all confused with what this Article 4 .

    We don't live in any conservation area and none of my neighbours have this kind of issues as they all did garage extensions and rear extensions.

    Regards
    Mangal
     
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  3. John D v2.0

    John D v2.0

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    Not sure what dpa is ? but certain permitted development rights can be removed by a condition on a planning permission that has been commenced.
    So if you have them now, you can keep them by not implement the new planning permission. Or you can implement that one but not make further alterations.
    Presumably they haven't removed the rights from your whole property, just the extended part?
    Article 4 is just how they restrict permitted development rights for a large area unilaterally.
     
  4. ^woody^

    ^woody^

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    Surely that's not how the condition is written?

    It does not mean that PD rights have been removed, and it would not show on your deeds in any case.

    Three years is near the time limit to start work before it lapses.
     
  5. Mangal

    Mangal

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    Hi John

    DPA is district planning authority. As of now I can see that only to my garage the conditional approval is been made and they have also approved for a rear extension in 1989 for a conditional approval, but apparantly, it was never built. As of now we have a conservatory within permitted development.

    These are my questions.

    1. Do i need to check with council for the existing conservatory which is within Permitted Development though it is 5 years old
    2. How do i remove the Article 4 and why is it made only to my house whereas the neighbours are all fine.
    3. If my neighbours are giving permission to convert their garage or build a rear extension, will i have the right to fight the council if they refuse my application in the future even though i come under conditonal approval.
    4. Is this article 4 is a big thing as i am getting nightmares and irrational fears that i am not going to sell my house with this clauses.
     
  6. Mangal

    Mangal

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    The garage has conditional approval on 1977. Currently we are trying to take half of the space and do a utility without changing the front of garage. So confused as we can;t do any automatic PDs in the garage isn't?
    The document approval says that we are not allowed for any alterations without council permission nor can convert it into habitable accommodation without their approval.
     
  7. ^woody^

    ^woody^

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    It's confusing.

    Are you saying that the garage has been built?

    Either way it sounds like you can't alter it from a garage use or alter it in appearance to the approved plan, without further permission.

    The approval overides any PD rights that would have otherwise be in place if the garage was an existing garage. ie you don't have any PD rights for the garage, but any existing PD rights for the rest of the property will remain - that is unless there is a separate Art. 4 directive.
     
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  8. Mangal

    Mangal

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    Ok let me be clear.

    There is an existing garage and conservatory in my house. The garage is having a conditional approval dated back at 1977. The conservatory is built 5 years ago which is within PDs

    Now my questions

    1. As I realized that I can't modify anything in my garage without Planning permission due to conditional approval, does it mean my entire property comes under Article 4?
    2. If so, then my conservatory also will come under radar even though it is within PDs . In the planning permission portal it does says that you need permission to build conservatory if it comes under Article 4 direction.

    So I am confused how should i know whether my entire property is coming under Article 4 or just garage is only conditional approval. If i ask the council, i will be risked with exposing.
     
  9. John D v2.0

    John D v2.0

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    1. No, article 4 is completely unrelated to your garage permission
    2 not relevant due to above

    Actually article 4 doesn't appear on the"deeds" specifically ie the property title as they're not a covenant or restriction.
    The field for article 4 would be on the response to enquiries from the local authority which would usually be done as standard by your solicitor. It's possible the enquiry was not made, but either way it's not affected by your previous planning permission
     
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  11. ^woody^

    ^woody^

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    Its as I said in the post above.

    In anycase, you can check the planning history yourself either on line or at the councils office, or just ask them if there are any planning restrictions on your property, or the area generally.
     
  12. Mangal

    Mangal

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    Thanks for your queries. What does the following mean? This is what i see in the council website

    Restrictive planning conditions
    Permitted development rights can sometimes be removed by restrictive planning conditions. These are different from a restrictive covenant.

    I also need to understand the following statement.

    The property has been extended along the years and has article 4 conditions to constrain development as what it was a semi detached property is now a terraced house.
     
  13. John D v2.0

    John D v2.0

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    So the property isn't as per the original building
    That is the council unilaterally removing some rights , details which will be produced in response to enquiries to the council which can be done as part of conveyancing or at any other time
    So it used to be attached to one other house, nowt it's attached to the one on the other side
     
  14. Mangal

    Mangal

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    Thanks!

    One last query is that I don't need to worry about the present layout of my house isn't?

    As any internal structures or wall removed will not affect Article 4? It only applies to extensions or garages and not the main property.

    Reason is that I don't have any way of ascertaining the layout of my house 50 years ago and how it is ? So many people who resided in my house would have done modifications like removing a wall or any changes.

    Am i now in risk of that as well or am i being paranoid?
     
  15. John D v2.0

    John D v2.0

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    Inside layout is not relevant, unless you've changed the use of the building eg renting as a HMO or running a business.
     
  16. Mangal

    Mangal

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    Thank you so much John!
     
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  17. tony1851

    tony1851

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    Have you actually got an A4 direction? If it just says 'conditional approval', then all approvals come with at least 1 condition and usually 2. One is that building must commence within 3 / 5 years, and the other is usually something like 'materials must match the existing house' or 'work must be strictly in accordance with the plans'. These are normal conditions and are nothing to do with withdrawing p.d. rights.
     
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