Council said no planning permission needed for garage now after me..

Tucker

Have you checked the planning rules in any detail?

I was led to believe there is usually a small % +/- allowance on measurements.

planning_officer

Tucker wrote: »

Have you checked the planning rules in any detail?

I was led to believe there is usually a small % +/- allowance on measurements.

Nope - it's either below 2.5m or it's above 2.5m, and if it's above, then it needs planning permission (even if just by 1cm). Like someone else said above, there has to be a cut off point somewhere.

However, whilst you will need to submit a planning application to retain it - the Council would be silly to refuse it, when the fallback position is that a garage measuring a few cms lower would be permitted development - so the best advice is to submit a planning application and make it lawful that way.

AMILLIONDOLLARS

Similar problem

My neighbour wants to build a garage, I have no problem with this. But he want to build it completely outside his property boundry into an ally which is a PRIVATE, his garage would be at the end of this road and not sitting within his land. He says that the council has given him permission. Due to talk to me about it at the weekend, where do I stand. He has not consulted with any of the neighbours who have access to the Private Road. Can the council give permission for people to build on land that does not belong to them?

AMD

spmc

yes you can obtain planning permission on someone else's land but you would need to serve notice on the owner or submit notices in local papers if the owner is not known.

A planning permission does not give someone the right to construct the permitted development.

Sometimes it is not possible to determine who owns a piece of land and a developer will obtain insurance, build the development, and if there is any subsequent claim the insurance would pay out.

AMILLIONDOLLARS

I think this person is trying to gain Adverse Possession, build on it now that 12/10 years later claim ownership. I will be approaching the other neighbours who will be affected by this at the weekend, to see how they feel about his actions.

AMD

dander

Who actually owns the land that he wants to build on? That's the person who needs to being saying no. If it's all of you together, then you can quite simply tell him he can't do it.

usignuolo

Did you get originally a certificate from the Building inspector saying it was approved?

usignuolo

I think you can appeal an enforcement notice and are not required to comply while the appeal is running. Also as mentioned previously you can submit a retrospective planning application and if it were refused appeal and again I believe that you do not need to comply with an enforcement notice if you have an application running or an appeal is in process so you could gain quite a lot of time beyond the 28 days.

This is correct

Gavin57

You would need planning permission to build a garage if it is on land that is outwith the curtilage of a house. Depending on what type of land is to be built on there may also be a change of use of the land. Local authorities grant planning permission for development but it is up to the applicant to make sure that he has any other permissions that are required before they do any construction ie consent from owner.

planning_officer

Just to reiterate other views above, whilst the planning system is not concerned with land ownership, i.e. planning permission may have been granted for the garage (although do check, as many people tell porkies about that), just because planning permission has been granted does not override any land ownership issues - he will still need the land owners permission.