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Neighbour building a big garage without PP

Discussion in 'Building Regulations and Planning Permission' started by mrbg07546, 27 Dec 2018.

  1. lt8480

    lt8480

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    It's still no clear which policy. Stating policy numbers and SPD paragraphs is the way to protest.

    Most of the things listed aren't plnning matters and raising these is just distracting to the real issues, and most of those that might be planning matters and open to subjective opinion. Planning policies aren't rules.

    I'm not supporting their case, but merely pointing out you need to be clearer and more robust in your comments with actual policy reference.
     
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  3. mrbg07546

    mrbg07546

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    Thanks for the feedback. Should I reference https://www.birmingham.gov.uk/downl...ending_your_home_home_extensions_design_guide

    For example they point how how they recommend against garages on corner, ill quote that?

    Also we have a regional planning doc, I can use that also?
     
  4. lt8480

    lt8480

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    The planning document will list policies - these will have policy numbers. The previous refusals and delegated reports will list what these are. Once you have these documents it will give you an idea what policies to start with.

    The SPD is not a policy in itself but a document referred to by the policies. Usually a policy regarding "design".

    The SPD linked to doesn't say garages on corners are unacceptable from what I can tell, just to take care not to create blank gable ends when doing so. This appears to be aimed at people adding garages where the long side wall faces the street, rather than what your neighbour is doing with a garage turned 90 degrees.
     
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  5. mrbg07546

    mrbg07546

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    thanks. So I’ll email planning officer “please could I have delegates reports for planning reference x” will that do?
     
  6. mrbg07546

    mrbg07546

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    It looks like he hasn’t applied and it’s passed deadline.

    I’m thinking the following. When a extension is applied for can it remove permitted development rights of outbuilding?
     
  7. lt8480

    lt8480

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    Hasn't applied for what?

    A planning consent for an extension would't remove PD rights, but it will change how they can be used - e.g. an existing extension would use up some of the "land area" so would in effect partially use up some of the allowance on this. Also you can't add a PD extension onto the end of an extension granted through planning (unless both parts combined would comply with PD which is extremely unlikely otherwise they wouldn't have got planning for the existent extension in the first case).

    Also you don't technically need a LDC for PD works, it just helps prove your work complies with PD rules to avoid the LPA bringing enforcement.
     
  8. mrbg07546

    mrbg07546

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    He hasn’t applied for planning . We think 7th of March was the deadline
     
  9. lt8480

    lt8480

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    What is the deadline for / where did this come from?
     
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  11. mrbg07546

    mrbg07546

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    Neighbours are saying 28days that’s about 40 days after enforcement officers visited so it sounds about correct
     
  12. lt8480

    lt8480

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    I don't understand what the deadline is though. There's no deadline for applying for retrospective planning.

    Have the council actually issued an enforcement notice?
     
  13. mrbg07546

    mrbg07546

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    Council said “you have the option to apply for PP” and “we will give you 28 days if not we will start enforcement”
     
  14. Ian H

    Ian H

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    So the bulldozer will be there tomorow?
     
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  15. lt8480

    lt8480

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    If the council haven't actually sent an enforcement notice yet then its just a shallow threat there is no real deadline.

    Once they send an enforcement notice, this is the one with the real deadline/date on it. At which point your neighbour could appeal and also submit a retrospective application (https://www.gov.uk/appeal-enforcement-notice).

    If they appeal an enforcement notice this process then takes about 40 weeks (https://www.gov.uk/guidance/appeals-average-timescales-for-arranging-inquiries-and-hearings). However, I would expect appealing enforcement when planning doesn't exist and clearly in breach of PD rights is futile.

    Instead if they have any competent advice it would to apply retrospectively (8 weeks), if this is refused to then appeal the refusal (16 weeks) plus some "admin" time between the two. So looking at half a year or more before a real outcome.

    Assuming the retrospective application and any appeals are unsuccessful and the enforcement stands, and if they then don't comply, the LPA would have to take legal action.

    So the whole process could take some time yet - don't assume this to get knocked down anytime soon if the neighbour is extremely stubborn and up for a fight.
     
  16. mrbg07546

    mrbg07546

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    What I got from “enforcement officer”


    The owners of the site have been invited to submit a planning application for the works so they can be assessed formally. I will update you as and when this happens. I must advise you that it can take up to 8 weeks to determine an application.

     
  17. mrbg07546

    mrbg07546

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    Also I believe I stand a chance on 45 degree light code.

    See the attached picture (and overbuilding)
     

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