Detached Garage - Permitted Development Rules

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Manchester
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Hello everyone,

I'm after a little advice in regards to a detached garage I built at the rear of my semi detached house with a decent size garden in Stockport. I have received a letter from the local Planning Enforcement Officer stating that they wish to come and take a closer look at the outbuilding as it hasn't got planning permission. They want to measure it. I telephoned them and advised them the outbuilding is a garage and it was built based on the permitted development guidance pre October 2008 and works started on it in 2007.

The garage has a total internal floor area of 27m2.
It is less than approx 3.5m high with a ridged roof.
The walls are approx 2.5m from ground to eaves.
The roof pitch is approx 1m at the ridge.
The walls are constructed of twin concrete blocks.
It is situated over 1m away from the rear alleyway.
It is situated approx 750mm from fence to next doors garden.
It is situated approx 15m away from main house.
It only covers a fraction of the land around the original house.
The house is not a listed building.
It is not within a Conservation Area, a National Park or an Area of Outstanding Natural Beauty.

As I did the construction work myself I started the work in 2007 but it has taken me a long time to finish it. The walls were substantially complete prior to Oct 2008, but the roof went on in 2009. The Planning Enforcement Officers have asked me to provide evidence the works commenced prior to the permitted development rules being altered in Oct 2008. I can only find a few receipts for materials and plant hire - could anyone advise how much evidence am I expected to provide please? The enforcement officers are also saying that they have aerial photos confirming that the garage didn't exist. The only aerial photos I have access to are those on Google Maps and the outline of the wall can be clearly seen (The photos is Google Maps are dated Feb 2009), I don't have access to any aerial photos older than this.

My understanding is that any works having commenced prior to the Oct 2008 date should have the pre Oct 2008 permitted development rules applied and not the post Oct 2008, is this correct?

Also is there a time limit within work should be completed?

I'm worried if they don't believe me, or I struggle to prove works started in 2007 then the Enforcement Officers will state it is in breach of the boundary rule which came into effect in the Oct 2008 revision to the permitted development rules.

Is there anything else I can do to convince the Enforcement Officers that the garage was constructed within the permitted development rules at the time?

Many thanks for any advice given
 
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Yes measured externally the total land footprint comes to 32m2.

I thought the max 30m2 floor area limit is measured internally and its a Building Regulations requirement for fire safety as opposed to a Planning permitted development requirement?
 
If you can prove works started prior to the new regs coming into force, then it's the old regs the detached garage would be assessed under. So yes... when works start (or an application is submitted), it is those regs at the time that apply and not work works complete.

One way of proving when building works started would be providing Building Regulation evidence. But it sounds like you probably didn't need that either.

You would just need anything and everything to back up your case.
 
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As per DOH, you just need to get together everything you can - including receipts - to show that the work was underway before Oct. 2008. This would mean that at least the foundations were in.

Has anyone complained about the garage? If it's at the back, it would be unusual for Enforcement to write without having received a complaint.

LPAs cannot just hand out enforcement notices willy-nilly. The enforcement has to be in the public interest, and the general rule is that enforcement 'may not be appropriate for a minor or technical breach [/u]where no harm has occurred'

Assuming that no one has complained and before they serve any notice, you could try and pursuade them that there is no harm to amenity; they have to be convinced themselves that harm has been done - they can't just say 'it's against the rules....'

If the worst comes to the worst and you do get a Notice, don't ignore it. I have personal experience of your council and they do follow these things up.
 
Thanks for the reply's.

I have managed to find a few receipts for plant hire and materials dating back to 2007. I hope they are enough. As one of them is for a 3.5 tonne Kabota mini digger and the other is for 5 pallets of dense building blocks delivered to my address.

The local planning enforcement officers haven't served an enforcement notice , they are presently making enquiries about the age of the development and size. They have sent me a letter advising me the date and time of their visit to inspect the outbuilding to measure up etc.

I might be worrying too much, so would like to be prepared for the visit.
 
If you have to find some imagery, you can use Google Earth rather than maps to view old satellite imagery. Might just get you sorted.
 

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