Conditional Approval - Garage

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

  1. Mangal

    Mangal

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    Hi John

    You are right! There are 5 conditions prescribed in the approval.
    1. Commencement within 5 years
    2. Materials related
    3.No further additions or extensions to the dwelling to be built without prior permission of District Planning Authority
    4. The garage must not be converted to habitable accommodation without prior permission of DPA.
    5.No additional windows or openings to be constructed without prior permission of DPA

    Following this, there is one more para which says
    1. This condition is deemed to be attached by virtue of section 41(1) of the Town and Country planning act 1971.
    2. To prevent overdevelopment of the site.

    We have another approval for single rear extension which also states similar lines in addition to
    1. To prevent overdevelopment of the site and to safeguard the visual amenity of the occupiers of adjacent properties.

    Is there any way these can be overturned with current laws. Beleive these were dated more than 30 years and should be obsolute.

    This actually makes me bit scary that my existing conservatory also be under question since those are also under permitted developments.

    Also I hope, these A4 is not for any modifications inside of the house.

    Regards
    Mangal
     
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  3. John D v2.0

    John D v2.0

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    This is the one you have to be concerned with, it's nothing to do with article 4, but if enforcible it says you need "permission" before you start any Addison's or extensions.
    Whether you can get a LDC and count that as permission, I don't know.
     
  4. Mangal

    Mangal

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    I am surprised how they can put such rule while getting a garage permission in 1978.

    I just want to reconfirm that this will not do anything with respect to internal modelling of the house isn't?
     
  5. John D v2.0

    John D v2.0

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    I am not a lawyer, but I'm also surprised at the wording of that clause, and hence my "if enforcible" caveat.
    It sounds like given the level of reassurance you seem to need, perhaps it would be a good idea to get a consultative with a planning lawyer in your area?
     
  6. Mangal

    Mangal

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    When i bought this house, I did notice these conditional approval, but I was less worried about the conservatory and got only indemnity insurance.

    I would like to explore the following options, please do provide me your feedback.

    1. Irrespective of Article 4 direction or conditions, if i am not disturbed by the council for the conservatory for the next 10 years, am i safe in assuming that my conservatory is valid?
    2. Am i safe now to assume that any changes done inside the house doesn't matter as it does not affect with any of these conditions or article 4 directions, i.e removing internal walls etc?
    3. I wouldn't mind to get things legalised, so worth applying for a planning permission to knock my existing conservatory and convert it to rear extension, since they have already given approval in the past for rear extension and lot of my neighbours got it. The only thing is as soon as i apply, my indemnity cover will become void isn't?
    4. Can Article 4 direction be issued to single house in a single street or does it come to an area as a whole?


    Regards
    Mangal
     
  7. John D v2.0

    John D v2.0

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    Forget about article 4 as you've confirmed it doesn't apply to your house.
    1 yes
    2 yes
    3 never mind planning permission, it'll basically need knocking down and rebuilding to get building regulations approval anyway
    4 it applies to an area defined by the council
     
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  9. Nakajo

    Nakajo

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    It would sure be nice to see the actual document(s). This is the most confused thread we’ve had, I think. How on earth did you come with the idea that there was an article 4 condition attached to your property?
     
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  10. Mangal

    Mangal

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    About point 3, why are you saying never mind planning permission.

    If the conditions in garage approval says that i need to get prior permission from DPA for any additions or extensions, doesn't it mean that my PDs are automatically taken away and i need to ask their permission to even build a conservatory which means both planning and building regulations.

    Also, the condition says Additions/Extensions, but conservatory is not an extension isn't?
     
    Last edited: 3 Nov 2017
  11. John D v2.0

    John D v2.0

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    Because you'll almost certainly be looking at a knock down and rebuild to get building regs, at which point it'll be classed as new development anyway.
    I think for a definitive interpretation of that clause and its validity you'd have to consult a planning lawyer. I've given my unofficial opinion on it but if you want to rely on it you'll have to h get legal advice.
     
  12. ^woody^

    ^woody^

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    If you get a planning adviser involved, then please make sure to give him all the facts right away.

    You don't have a specific Article 4 Directive on your property as a result of the planning application, because it does not say that there is. Whether there is one for the whole area or not, is another matter. You will need to check that.

    What you do have is removal of permitted development rights in respect of that type of development stated in condition 3, 4 and 5. All other permitted develoment rights remain.

    A conservatory is an extension. Its also an addition.

    You can't automattically assume that enforcement is time-barred. What you need to be clear about, is whether the permission was correctly implemented in the first place. If it was not, then the clock never started ticking so future enforcement many not be out of time.
     
  13. Mangal

    Mangal

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    I didn't understand your last para. Are you saying that i need to knock down my existing conservatory even though it is 5 years old.

    Or check with council to get retrospective permission or i can even apply for a rear extension as I have plans to do that as well.
    Please clarify. The document is 1980
     
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