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    • Ryanish
    • By Ryanish 7th Sep 17, 12:12 PM
    • 4Posts
    • 0Thanks
    Ryanish
    Want to build a garage in conservation area at new house query
    • #1
    • 7th Sep 17, 12:12 PM
    Want to build a garage in conservation area at new house query 7th Sep 17 at 12:12 PM
    Hi all

    Searched for this on the forums but haven't found a relatable answer.

    We have just bought a house in a conservation area that has a few indemnity policies that came with it due to the last owners fully renovating the house - e.g. damp proof course, changing every window (fensa certified), redoing roof, changing guttering, extensive brickwork replacement, knocking down stud walls, new boiler, new electrics, and so on with no planning permission for anything.

    Now there is an ugly concrete slab-based workshop at the end of the driveway, about 6m away from the house in the far right corner, probably 9m squared, 2.5m high and 1m from the boundary walls that I want to convert into a double garage but I am unsure what I am actually allowed to do without getting a planning/conservation office or similar around that would nullify our indemnity policy and potentially cost us a lot of money(?)

    Can anyone help advise what my best options are? this is our first house and quite new to the whole process. I am keen to replace the garage with something more in keeping with the Victorian Style house we have, Staffordshire blue bricks, slate roof, ect.

    Thanks
Page 1
    • Narkynewt
    • By Narkynewt 7th Sep 17, 12:33 PM
    • 118 Posts
    • 23 Thanks
    Narkynewt
    • #2
    • 7th Sep 17, 12:33 PM
    • #2
    • 7th Sep 17, 12:33 PM
    I am no expert but if you want to make the structure higher and wider than what it is now I expect you will have to apply for planning permission as it is a permanent structure. If you are wanting to make it look more attractive and more in line with the current style of building the council I am sure will look more favourably on your application.

    Do you have neighbours who share a boundary because obviously they can have a bearing on whether permission is granted.
    • Ryanish
    • By Ryanish 8th Sep 17, 10:31 AM
    • 4 Posts
    • 0 Thanks
    Ryanish
    • #3
    • 8th Sep 17, 10:31 AM
    • #3
    • 8th Sep 17, 10:31 AM
    Thanks for the reply. The question actually is though, is there any way around getting this work done without it causing an issue with my indemnity policy.

    The cost of the garage is fine, and making an application is fine, but if they require me to rectify works done previously on the house by the last owner as the planning officer or whoever notices and comments, the worry is it could cost me ££££/£££££ - any experiences here?

    Thanks
    • Ryanish
    • By Ryanish 8th Sep 17, 10:32 AM
    • 4 Posts
    • 0 Thanks
    Ryanish
    • #4
    • 8th Sep 17, 10:32 AM
    • #4
    • 8th Sep 17, 10:32 AM
    The boundary wall on the right is part of a public access path and the boundary wall at the back is connected to the school's ground (semi detached to a school).
    • davidmcn
    • By davidmcn 8th Sep 17, 10:59 AM
    • 6,134 Posts
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    davidmcn
    • #5
    • 8th Sep 17, 10:59 AM
    • #5
    • 8th Sep 17, 10:59 AM
    What exactly does your indemnity policy say about future contact with the council?
    • Ryanish
    • By Ryanish 8th Sep 17, 11:34 AM
    • 4 Posts
    • 0 Thanks
    Ryanish
    • #6
    • 8th Sep 17, 11:34 AM
    • #6
    • 8th Sep 17, 11:34 AM
    Here are the terms of the indemnity policy which apparently is quite standard - copy and paste:

    You are not aware of any adverse features and/or recommendations for remedial action, in respect of the works
    No application for consent has previously been refused and/or application made to obtain retrospective consent, in respect of the
    works
    The local authority has not indicated any intention to investigate or take action in relation to the works
    The external works to be covered were completed at least 5 years ago
    The works to be covered affect the exterior of the property (‘works’ can include additions, alterations, conversions, extensions
    and other installations)
    The property is a single residential dwellinghouse and not a converted flat/studio apartment, house in multiple occupation or
    additional self-contained dwelling ancillary to the main dwelling
    There have been no recent disputes with the neighbours disclosed in pre-contract enquiries
    The buyers have no current plans to undertake any repair, improvement or alteration works at the property, following their purchase
    • Narkynewt
    • By Narkynewt 8th Sep 17, 6:38 PM
    • 118 Posts
    • 23 Thanks
    Narkynewt
    • #7
    • 8th Sep 17, 6:38 PM
    • #7
    • 8th Sep 17, 6:38 PM
    Thanks for the reply. The question actually is though, is there any way around getting this work done without it causing an issue with my indemnity policy.

    The cost of the garage is fine, and making an application is fine, but if they require me to rectify works done previously on the house by the last owner as the planning officer or whoever notices and comments, the worry is it could cost me ££££/£££££ - any experiences here?

    Thanks
    Originally posted by Ryanish
    Sorry I am a terrible skim reader
    • Slinky
    • By Slinky 8th Sep 17, 7:26 PM
    • 4,706 Posts
    • 20,401 Thanks
    Slinky
    • #8
    • 8th Sep 17, 7:26 PM
    • #8
    • 8th Sep 17, 7:26 PM
    How long ago did your vendor do the works?


    The last clause looks like a problem if you try and do anything too soon.


    Can't you live with it for a while until council will be unable to enforce anything?
    • G_M
    • By G_M 8th Sep 17, 8:21 PM
    • 41,985 Posts
    • 48,599 Thanks
    G_M
    • #9
    • 8th Sep 17, 8:21 PM
    • #9
    • 8th Sep 17, 8:21 PM
    You need to read up on conservaton areas. The rules are not the same as for planning within non-conservaton areas. I believe (not sure so check) the time limits for enforcement don't apply in CAs (though I ma be confused with Listed Buildings).

    But the point of the policy was to protect you financially from planning enforcement. So if the council now enforces the earlier works, you should be financially protected (though not protected from having to do whatever the Planners tell you to do - or undo).

    As for the garage, what you can/can't do should be specified in the CA policy for the area. Look it up and read it.
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