Replacing an outbuilding & permitted development

Bodkin64

Hi,
We're planning to have a small derelict outbuilding (old garage converted to a workshop) at the front of our property demolished and replaced with a smaller prefabricated workshop on the same site. I couldn't imagine I'd need planning permission for this, but thought I'd drop our planning department a line anyway just to cover myself.
Yesterday I was gobsmacked to get an email in reply from a "support officer" saying...

"I’m afraid it does not fall within permitted development to erect an outbuilding at the front of a property, regardless of the height. You will need to submit a householder planning application and the fee is £172."

I couldn't believe this, surely where there is already an outbuilding and the replacement is smaller, this shouldn't be the case. Should it? Is it worth contesting this? I really didn't want to have to go through the time and cost of a planning application. I've already cleared the project with building control, no problem there.

Davesnave

Size doesn't matter. The outbuilding is in front of the building line and demolition/replacement is, effectively a new build.

One person's 'old garage/workshop' could, for example, be an old smithy. Replacing this with, say a pre-fab concrete structure would make a considerable difference to the street scene.

Yes I know, yours has no merit and you have impeccable taste, but.......

TheCyclingProgrammer

Positioning aside, how did you intend to use the new building as this is also relevant (and often overlooked) when considering permitted development rights.

Could you possibly get away with repair and refurbishment of the existing building?

Bodkin64

Hi, intended use isn't changing. Unfortunately the existing building is beyond repair and is verging on dangerous. I can assure you it is not a lovely old smithy but an ugly wreck! I thought that not increasing the footprint of the build was the key point.

TheCyclingProgrammer

Malcyb wrote: »

Hi, intended use isn't changing. Unfortunately the existing building is beyond repair and is verging on dangerous. I can assure you it is not a lovely old smithy but an ugly wreck! I thought that not increasing the footprint of the build was the key point.

The use may not be changing but if you're rebuilding then I would imagine any proposed use would need to be considered in its own right with regards to permitted development rules as they stand today.

In short it needs to be for a use that is incidental to the main dwelling house though it's often down to your local planning department how this is interpreted (and only likely to be an issue if somebody complains).

Of course your immediate issue is the building location. On the face of it, the planning officer is correct. You can't build an outbuilding under permitted development forward of the principle elevation. Taken directly from the legislation:

http://www.legislation.gov.uk/uksi/2015/596/schedule/2/made

See section E, 1c.

All things considered it looks like you're going to need planning permission here which would allow you to build where you want and also cover any intended use, if granted.

JP08

I wonder how far you can take things down to "repair" the existing structure.

Ie. replacing the roof would be repair ... replacing windows and doors would be repair ... rebuilding unstable sections of wall would be repair ?

I'm thinking Triggers Broom.

The bungalow opposite us was upgraded (they had planning permission because of major changes to the roof structure making it a chalet style two storey house, and external insulation). Due to it being an upgrade there would have been no need to redo the groundworks / foundations to modern standards. But all that was left before the reworking was the concrete base and 3/4 of the external walls on three sides.

phil24_7

I would erect a wall inside the existing garage leaving a 100mm gap. Support the roof and knock down the external structure. Then insulate and rebuild the external wall before renewing the roof!

bgm_co

Building control have nothing to do with planning or permitted development. Your proposal does not fall within permitted development legislation so therefore the planners are correct, there is nothing her to contest in my opinion.

Bodkin64

Thanks for your help everyone. Obviously not what I wanted to hear but seems to be clear enough:(