Carport To A Garage - New Build

Townsmcp

Hi all
Just looking for some advice. Im currently buying a new build semi detached house. The house has a carport with it, built next to the property but also under the master bedroom. We would like to put a garage door on it being as there are 3 walls - the back wall has a door to my garden, the left wall is my house wall and the right wall is the joining wall between my house and the neighbours house (their carport wall - its a mirror image of my house).
There are covenants in place to stop us adding a garage door to the property however myself and OH feel the covenant is very unfair. Other houses in this development phase also dont have garage doors and when someone fitted a garage door to their carport the local council sent a letter insisting it was taken down (I believe their carport was a standalone carport in a parking area away from the house). Last Friday I drove round the area and saw an older phase of the development (approx 2 to 3 years ago) did have garage doors - in fact most of those properties all have garages and garage doors - I haven't been able to see any carports in that phase (the developer is the same who is building my house now and who built the first phase)
If I go to the builders seeking permission to add a door I will be declined.
Is planning permission needed to turn the carport into a garage?
I have been told by a friend there is something called a 'Lawful development certificate' that could be applied for change to garage from carport which might override the covenants - does anyone else have experience with something similar?

sal_III

It doesn't matter whether you think a covenant is fair or not. You signed the document agreeing to it.

AFAIK 'Lawful development certificate' is just a "on paper" confirmation from the council that you can carry out the work under "permitted development" rules and doesn't require planning permission. I highly doubt it has anything to do with overriding covenants.

mije1983

Townsmcp wrote: »

There are covenants in place to stop us adding a garage door to the property however myself and OH feel the covenant is very unfair.

Unfair or not, it's a covenant that you both agreed to.

Townsmcp wrote: »

Other houses in this development phase also dont have garage doors and when someone fitted a garage door to their carport the local council sent a letter insisting it was taken down (I believe their carport was a standalone carport in a parking area away from the house).

What is the parking situation like in the development? I'm thinking that if they allow car ports but not garages, it's because they don't want people turning their car port into a garage, and then converting the garage into a room in house, thus removing a car space.

Townsmcp wrote: »

Last Friday I drove round the area and saw an older phase of the development (approx 2 to 3 years ago) did have garage doors - in fact most of those properties all have garages and garage doors - I haven't been able to see any carports in that phase (the developer is the same who is building my house now and who built the first phase)

But does the earlier phase have the same covenants?

Elinore

We have a very similar set up and the council are hot on not letting a single soul make the change, if they do so everyone will.


A house a few doors up from us put a door on and the council were very unhappy and notices have been issued - they have been told to revert and there is talk of fines if they don't.


In our road its a parking issue - people use a open car port as its there to be used and you cant put anything in it but the car and the bins - whereas people use a garage as storage and then park on the road. (the above house then did park both cars partially on the pavement, on a corner, by a junction and also now leave the bins out in the street - but they still swear blind is not an actual issue it just the council being petty and bloody minded)


We have regular conformation via the covenants, local planning rules and the parish council to remind us this will not stand. DW the developer is very militant as well as it goes against the 'street scene' even though our part of the development is now years old - op is your build DW? if so, they are very unlikely to move on the subject, just so you know.


That being said, I have a door on mine, which causes no end of bother as the neighbours think I'm flouting the rule! and we regularly get cited in the planning request as 'them at 'end house' have done it and got away with it so why cant I?'


(for some reason the developer put a door on mine and a random few others and we are exempt - apart from the fact we are not allowed to block the back in, so it flows into the garden)


so be aware, your neighbours WILL dob you in if you try and get round it lol

Townsmcp

Unfair or not, it's a covenant that you both agreed to.

True; I didnt like it but when I signed contracts but I hadnt seen the other houses on the old phase that have garages

What is the parking situation like in the development? I'm thinking that if they allow car ports but not garages, it's because they don't want people turning their car port into a garage, and then converting the garage into a room in house, thus removing a car space

Parking seems to be fairly ok. Theres a lot of visitor spaces on the roads. My house has the car port and a parking space in front of the carport, effectively giving me 2 parking spaces. Each house also has 2 parking spaces - always a carport and a space in front of the carport regardless if the carport is attached to the house.

But does the earlier phase have the same covenants?

Im really not sure.

Townsmcp

op is your build DW?/QUOTE]
No - its Crest Nicholson. Other residents have asked the question to Crest and have all been told no. Unfortunately its not a case of waiting out X amount of years either - the covenants are indefinite.

so be aware, your neighbours WILL dob you in if you try and get round it lol

Im guessing thats how the council got in touch with other residents on the estate - I highly doubt they would have sent their own people out looking

jennhg88

It will be part of the planning permission for car ports not garages.
Tread carefully.

mije1983

Townsmcp wrote: »

My house has the car port and a parking space in front of the carport, effectively giving me 2 parking spaces. Each house also has 2 parking spaces - always a carport and a space in front of the carport regardless if the carport is attached to the house.

Take away the car port and you are down to one space. A lot of couples/families have at least 2 cars now. So all those 'visitor spaces' are then taken up by residents.

It could be the the PP dictated there must be 2 car parking spaces per property, and this is the way of enforcing it.

Townsmcp

I guess that makes sense especially as the houses on the older part of the development have a lot of land to park at least 3 to 4 cars per house

Slinky

A new estate near us there are several properties that have put doors on their carports without permission. I know of at least one that applied, it may have been retrospectively, and was refused as the space left on his driveway wasn't the prescribed length to park a car on without hanging over the footpath. Sure enough, he parks a car and it overhangs. However 8 years on the council still haven't done anything to enforce the refusal, and others have also put doors on....


ETA as far as I'm aware, the council haven't yet adopted the roads and pavements as building work is still ongoing, whether that will have any effect when they do I don't know. And whether they will be able to enforce anything given the time that has gone by is also another issue.

sal_III

Slinky wrote: »

A new estate near us there are several properties that have put doors on their carports without permission. I know of at least one that applied, it may have been retrospectively, and was refused as the space left on his driveway wasn't the prescribed length to park a car on without hanging over the footpath. Sure enough, he parks a car and it overhangs. However 8 years on the council still haven't done anything to enforce the refusal, and others have also put doors on....


ETA as far as I'm aware, the council haven't yet adopted the roads and pavements as building work is still ongoing, whether that will have any effect when they do I don't know. And whether they will be able to enforce anything given the time that has gone by is also another issue.

It's one thing to be on the lookout for the council, it's another to breach the covenant with the developer. They most likely have someone on site all the time looking for such infractions, where the council might send someone once on a blue moon.

The developer might very well have in turn a deed of planning obligation signed with the council as part of the planning permission for the development that mirrors the carport covenant with the house owners. Making them "trigger happy" not to allow breaches.

It's entirely normal for old phases of a development to miss some covenants which were introduced to the newer phases once the developer realised there is a gap/loophole. Or it might be a completely different developer doing the newer phases.