Garage has been built for 12 years

[NWLL]

Hi All,

I bought a house a couple of years ago which has a concrete sectional garage to the side of it.

The previous owner advised that this had been built in 2001 following a failed PP application for a brick built garage. Theres a few key points about it:

1) It doesnt comply with the rules for outbuildings - it is over the permitted square footage area, too near the house and too near the boundary with the neighbours.

2) The previous owner informed me that the council had asked him to pull it down soon after it was built, but the land registry searches showed no enforcement notices.

3) I have no proof of when it was built.

It doesn't cover more than 50% of the land surrounding the property, and I would like to extend the house rearward within PD but am worried that any visit from the council might trigger their memory and they ask for the garage to be pulled down (despite it's illegality in construction it is useful and I would like to keep it!).

Can I apply for a retrospective LDC based on the fact it has stood so long? Is there any other way I can formalise its construction as being legal before moving ahead with further construction on the house?


Any tips would be greatly appreciated.

 

[rjm2k]

No need as PP wise they shouldn't enforce over 4 years, or 10 for change of use. Does google earth show it in the historical images? any photos from previous owners, neighbours?

If you were to pull the garage down to replace it, they could insist on PP for that (assuming it's not PD).

PP for something else should be an entirely separate issue, following the usual rules, however I guess they could get silly about the garage.

I wouldn't mention it to them (but it will show up in their searches).

I doubt they would approve if you went for retrospective/LDC for the garage.

Fingers crossed time really! Apply for your new thing and see what they come up with then deal with it.

If you don't need PP for your new thing, just do it under PD and don't worry.

 

[NWLL]

Hey,

Thanks for the reply - much appreciated.

I was considering doing that, but my PD will take me right up to the 50% level and from what I know about the neighbours around here, they will definitely kick up a fuss - so I imagine I will have to justify that 50%.

Also it would be good to have the garage's existence legitamised for when I come to sell the house (and give me piece of mind).

I'm mindful of the fact that they may not supply an LDC for a construction which was ultimately - Not "L" at the time, so just wondered if there was any other way to get them to say "Yep, youve got us it's stood for long enough".

 

[big-all]

remember decking extensions garages green houses shed basically any building counts as coming off your 50% if added since the house was built or as 1947

 

[rjm2k]

If you inform the LA about the garage (and they are not already aware) then you would make it impossible for you to provide indemnity to your buyers if you sell.

 

[NWLL]

Argh!

I basically just want to have my cake here, and eat it.

I want the large garage, AND be able to build an extension as well. (Hope this doesnt annoy you but i'm pointing it out before anyone else does!!)

The garage has been stood for well over 4 years and could probably be proved (or at least corroborated) with aerial photos freely available.

If that's the case - then surely I have nothing to worry about as it's stood so long?

The only thing that worries me is if the council originally tried to take enforcement action, and then never followed up - does this mean the 4 years period doesnt apply?