Planning permission carport garage door

Discussion in 'Building Regulations and Planning Permission' started by Dmann, 24 Apr 2020.

  1. Dmann

    Dmann

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    Hi All.

    Was wondering if I could get some advice. We have a property built in 2018 with adjoining carport to neighbours that goes from front to back of property so anyone can get into garden through car port. Both me and my neighbour put garage doors on front and a wall with door at back for security. We do park car in this space. We did this 2 years ago. I have checked planning conditions on delegated offices report and there is no mention of keeping this space open. If I apply for retrospective permission should this be ok? Or would the 4 year rule after the 4 years make this lawful with a COL?
    Thank you.
     
    Last edited: 25 Apr 2020
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  3. sircerebus666

    sircerebus666

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    Not sure about the planning permission aspects but why are you worrying about this now after two years?

    As this is a new build do you have any covenants that relate to the frontage of your property?
     
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  4. nickjb

    nickjb

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    If its been there 2 years and no one has mentioned it then I'd keep quiet. If does become an issue you can always apply for permission then.
     
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  5. Dmann

    Dmann

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    Thanks for the replies.

    I have spoke to the builder and solicitor about covenants as there is one about no building to be in front area and they are both happy with this. Would you know who puts these covenants on new builds i.e is it the builder that would benefit from it or council? Asking as the builder cannot remember who put this there and I cannot see who would benefit?

    Thank you.
     
  6. ^woody^

    ^woody^

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    Covenants and easements are generally put on the deeds by the land owner, not by the council.

    Rather than the deeds, you should check the original planning permission for the house as there may be a condition removing permitted development rights, or preventing this type of work.
     
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  7. Dmann

    Dmann

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    Thanks for the reply. Would this info be on the officers report showing the conditions of approval?
     
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  9. tony1851

    tony1851

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    It will be on the planning permission document itself, usually available on the internet.
     
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  10. ^woody^

    ^woody^

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    You need to look at the actual approval notice, as that lists any conditions and their details.

    If that house is part of a larger estate built at the same time, then there will be an approval for that.

    It will be worded specifically as a condition (eg carports to be kept open), or referenced as an "Article 4" directive, which is a blanket removal of permitted development rights for an estate or wider area.
     
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  11. Dmann

    Dmann

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    So in this? 20200425_110614.jpg 20200425_110632.jpg
     
  12. Dmann

    Dmann

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    The two properties are the only new builds on the street it was two bungalows purchased and knocked down.
     
  13. ^woody^

    ^woody^

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    7, 8 and 10 would cover changes. Written with sufficient vagueness as a catch-all.

    Keep your proof of date the work was done, then it will be 10 years not 4 as it's a breach of condition.

    If you were minded to apply for permission in the meantime, then as long as it's kept for parking then it may be viewed favourably. But do your research first, in case other factors apply.
     
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  14. Dmann

    Dmann

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    Thank you.
     
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