Planning Advice Needed

[Scargill]

Hi all

We are buying a house with planning permision for a new house to be built to the side of the old one.
Once we start the application our permitted development rights are taken away under the conditions of the application.

Question

Can we build a garage for the new house in the rear garden of the land under permitted development rights before we start the planning permision for the new house ?

 

[jeds]

An old trick to beat the old PD volume restrictions was to apply for an extension and then before starting work on that extension you would build another extension under PD rules. As long as the PD extension was fully completed before starting work on the approved extension all was well. The principle being that a planning approval is not implemented until works are started. I don't see much difference between this and what you are proposing.

I assume the garage would be part of the old house not the new one though? That would have a bearing because it is not possible to apply for planning permission against approved works until those works are fully complete. If you want to alter an approval you have to start the whole thing from scratch.

 

[Scargill]

The idear was to build the garage before we started the application for the new house and then once both completed sell the house with the garage.

(new house and garage in garden area of old house)

The other alternative is to submit a new application with the garage on.
And run the risk of time delays and ultimately a refusal.

Would the garage have to be finished or just started before we can implement the application?

 

[jeds]

In that case I think you would be too risky. PD rights are associated with the curtilage of a dwelling house. The new dwelling house doesn't exist so PD rights don't exist either. And of course once it does then PD rights are withdrawn.

Only way I can see around it is to build under PD on the existing house and then later on sell the garage to the new house once the new house is complete. A conveyance would be the only way to make that legal.

Alternatively, I wouldn't apply now for an alteration to the approval. I would build the new house and then apply for a garage later. Unless there seems to be a good reason why it would not be approved.

 

[Scargill]

The plan was to build the garage under PD for the old house before the application was started as we would own both the old house and the plot.
But it would be obvious that the garage would serve the new dwelling.

I think it may be best to go and talk with the Planning officer