Demolished or repaired causes planning problem

[Tetrarch]

Hi All,

I have a green belt planning quandary.

I purchased a house in December 2020 that was at least 115 sq m in 1948 with an outbuilding (within 5m) that was another 25 sq m. (This was actually two 5m x 2.4m separate buildings joined end-to-end)

I was allowed an uplift of 50% over the 1948 values ostensibly for the green belt planning application

The outbuilding was in a terrible state of repair with leaning walls and asbestos roofing - an actual danger and useless as storage. I made the (in hindsight) foolish mistake of beginning repairs to the outbuilding whilst the planning was in process, this entailed all but one 5m wall and the central dividing wall between the two structures being demolished. Both the Council planners and the subsequent appeal consider the repaired building as a new construction which not only removes it from the 1948 values but actually adds in as though it were a new extension. At no point was I able to engage with either the planners or the appeal inspector to show or explain what had happened to the building.

I can prove (via Google Earth etc) that the outbuilding was there in 1940 (thanks to the Luftwaffe) until April-2021. I have pictorial evidence since then plus a Google Earth update in August 2022 to show that it has been reinstated. However, when the planning officer visited the site the outbuilding was mostly missing.

How can I get this back to where it was/should be?

Any advice gratefully received

Regards

Tet

 

[freddiemercurystwin]

Once you demolish the majority of a building in the eyes of planning it's effectively no longer there so it's replacement is subject to planning.

 

[jeds]

I can't remember the name or details of the case but at uni, for planning legislation, they teach a case where somebody tried to replace a house by re-building one wall at a time over a couple of years. Doesn't work - for the reasons fmt gave above.

 

[old duffer]

I can't remember the name or details of the case but at uni, for planning legislation, they teach a case where somebody tried to replace a house by re-building one wall at a time over a couple of years. Doesn't work - for the reasons fmt gave above.

which uni did you attend that taught that?
What was the course you attended?
your comment seems just bizzare...

 

[jeds]

which uni did you attend that taught that?
What was the course you attended?
your comment seems just bizzare...

Not my case, not my lesson plan, not my rules. My job, at the time, was to assimilate the information, put it into context and use it positively for the best endeavours of my future clients. I did ok - 2:1 - others were a bit less successful and ended up with a third.

 

[clifford1]

"Once you demolish the majority of a building in the eyes of planning it's effectively no longer there so it's replacement is subject to planning."

But the majority of this building was not demolished, just the extension?

 

[Tetrarch]

To be clear. The outbuilding was made of two 4m x 2.5m boxes positioned end-to-end and sharing a common wall. The lower-roofed of which I'll call the "shed" and the other the "garage" Pictures might make it clearer:

Outbuilding BEV

• Tetrarch
• 17 Feb 2023

Outbuilding Corner

• Tetrarch
• 17 Feb 2023

Outbuilding End

• Tetrarch
• 17 Feb 2023

One of the corners of the shed has sunk about 20cm forcing a rather cataclysmic rift in the structure. The floor has also suffered. The roofing was a mixture of asbestos and corrugated iron sheeting which was also falling apart. The shed pretty fell into its component parts as it was being dismantle - there was no point trying to attempt to straighten anything. The garage was much more of a surprise - it was an open-ended box that had two garage doors at some point in its history. When I took the lintel over the doors away the whole wall fell over leaving me with this:

Ready for repair

• Tetrarch
• 17 Feb 2023

I have actually rebuilt the structure using the old bricks to build some piers and then re-roofing the whole structure and infilling with loglap.

Roofed

• Tetrarch
• 17 Feb 2023

Completed

• Tetrarch
• 17 Feb 2023

Regards

Tet

 

[freddiemercurystwin]

If you've been through an appeal and lost then you're only course of redress is to make a challenge to the decision in the High Court, this has to be done within 6 weeks f the appeal decision.