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Property extension and garages without planning
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27-02-2018 9:22pmI've just purchased a house that has:
- One double detached garage (20m2) at the back
- One double detached garage (25m2) to the side (not reaching past the front of the house)
- A small extension attached to the side of the house (20m2).
Non of the above have planning permission, all have been there for 20+ years.
My questions are:
[LIST=2]
[*]Does the garage to the side of the house qualify for exempted planning?
[*]Obviously the combined square meters is over the maximum aloud for exempted planning permission, does this effect Retention Planning Permission in anyway?
[*]If I apply for Retention Planning Permission and am refused, is it possible that CC could make me take down the buildings?
[*]Can I apply for further planning Permission, like say to convert an attic, without Retention Planning Permission for the buildings that do not fall under exempted planning?
[/LIST]0
Comments
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Taliyah Millions Spike wrote: »I've just purchased a house that has:
- One double detached garage (20m2) at the back
- One double detached garage (25m2) to the side (not reaching past the front of the house)
- A small extension attached to the side of the house (20m2).
Non of the above have planning permission, all have been there for 20+ years.
My questions are:
[LIST=2]
[*]Does the garage to the side of the house qualify for exempted planning?
[*]Obviously the combined square meters is over the maximum aloud for exempted planning permission, does this effect Retention Planning Permission in anyway?
[*]If I apply for Retention Planning Permission and am refused, is it possible that CC could make me take down the buildings?
[*]Can I apply for further planning Permission, like say to convert an attic, without Retention Planning Permission for the buildings that do not fall under exempted planning?
[/LIST]
1. No not under current rules given the other structures on site which also don't have permission, I'm not sure of the exemptions of 20 years ago but I cant imagine they would be significantly different from now.
2. Retention permission required to regularise
3. No if you can prove the buildings exist over 7 years, there is some few days also I not sure of the exact figure
4. No, planning needs to be regularised before further permissions will be granted. Also without retention you will find the property difficult to sell, when you say you have just bought it recently how was this not flagged by your solicitor during the purchase?0 -
3. No if you can prove the buildings exist over 7 years, there is some few days also I not sure of the exact figure
4. No, planning needs to be regularised before further permissions will be granted. Also without retention you will find the property difficult to sell, when you say you have just bought it recently how was this not flagged by your solicitor during the purchase?
"there is some few days also I not sure of the exact figure " Sorry I'm lost on what you mean by that last part?
Just so I'm clear on what you're saying though, once I can prove that they were there for 7+ years they can't make me take them down? only refuse Retention?
Is there some official document you can point me to that states this fact?
My solicitor did make me aware of this fact, I bought the property from a family member, I know the property history for the last 20 years and know that the extensions have been there at least that long.
I don't like the extension attached to the property anyway, so if retention permission is not granted I could take that down and reduce the size of the garage to the rear of the property by 5m2, that should leave me with the 40m2 exempt development and free to make planning applications.
I was worried that the garage can't be to the side of the house and must be to the back, but after some investigating I believe it's fine once it's no bigger than 25m2 and 4m high?
Thank you for answering my questions0 -
Taliyah Millions Spike wrote: »"there is some few days also I not sure of the exact figure " Sorry I'm lost on what you mean by that last part?
Just so I'm clear on what you're saying though, once I can prove that they were there for 7+ years they can't make me take them down? only refuse Retention?
Is there some official document you can point me to that states this fact?
My solicitor did make me aware of this fact, I bought the property from a family member, I know the property history for the last 20 years and know that the extensions have been there at least that long.
I don't like the extension attached to the property anyway, so if retention permission is not granted I could take that down and reduce the size of the garage to the rear of the property by 5m2, that should leave me with the 40m2 exempt development and free to make planning applications.
I was worried that the garage can't be to the side of the house and must be to the back, but after some investigating I believe it's fine once it's no bigger than 25m2 and 4m high?
Thank you for answering my questions
I think its something like 7 years and 56 days or something like that, however that irrelevant in your case as you said things are built 20 years or so, its the statute of limitations, google planning enforcement and the statute of limitations and that will give you something official.
Just to be clear its 25m2 max for all garages not per garage and 40m2 for an extension, also there are other factors which you need to consider such as finish and remaining green space etc before you could be considered exempt. look at the exempted developments regulations in your local planning department.0 -
I think its something like 7 years and 56 days or something like that, however that irrelevant in your case as you said things are built 20 years or so, its the statute of limitations, google planning enforcement and the statute of limitations and that will give you something official.
Just to be clear its 25m2 max for all garages not per garage and 40m2 for an extension, also there are other factors which you need to consider such as finish and remaining green space etc before you could be considered exempt. look at the exempted developments regulations in your local planning department.
Thanks, I'll look up planning enforcement and the statute of limitations and have another read over the exempted developments regulations, I didn't realize that the garage was separate to the 40m2 extension exempted development, does that mean you could have both? e.g. 65m2 exempted development?
The property sits on roughly half a hector, so I think it's ok regrading remaining green space.0
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