Converting a carport to garage

Section62

bazzakeegan said:

...the little voice in my head says pay the council, just incase!?

Listen to the voice in your head.

Or find out why planning consent was needed for the carport and whether restrictions were placed on future alterations.  I'm doubtful the carport would ever have been permitted development, and consequently conversion to a garage is unlikely to be either.

I'd guess that it was permitted as a carport because it maintains a feeling of space in a relatively small garden, and the design is more sympathetic to the style of the property than a fully enclosed garage would be.  That doesn't mean you wouldn't necessarily get consent if you applied to convert to a garage, just that there may be a reason why a carport (only) was allowed - and that reason might be invoked if you followed the advice to break the law and hoped to get retrospective consent.

Another_Level

Could go down the 'householder pre application advice' route,  hopefully your council is more clued up than mine 

bazzakeegan

Yeah just looked at the 'house holder pre application advice' for so at a cost of £100 i will fill that in and see what happens!
Better be safe than sorry me thinks
Fingers crossed thats all i have to pay, but were in cheshire east so probably not!
Cheers guys

Rosa_Damascena

bazzakeegan said:

this it what i have, so looking at filling in sides

I would think again about investing in storage space here. You have ample space to the side of your property so eventually a double storey extension has to be a consideration by the next set of owners, if not by you?

bazzakeegan

The reason was looking at this option was that i need space in garden for a garden office for the wife, this meaning that my tool shed and workshop need to move and this is a viable option, dont want a side extension, and i plan to be here a long long time.

Martin_the_Unjust

Section62 said:

Martin_the_Unjust said:

I’d just do it, if the worst comes to it I’d be apologetic and apply for retrospective planning permission.

Since when did this forum become a place where people were encouraged to break the law?

The small amount of money it would cost to get confirmation from the council and/or apply for consent would eliminate the risk of having enforcement action being taken and/or having difficult questions to answer when the OP comes to sell the property.

What would you do if your application for retrospective consent was turned down?

There's money saving advice, and there's recklessness.

Interesting, please show how you believe my advice to be encouraging someone to break the law.

As far as I’m aware no one has shown that planning permission is needed, in fact given the changes to planning since the carport was built I believe it’s unlikely.

Consequently my advice makes sense.

Section62

Martin_the_Unjust said:

Section62 said:

Martin_the_Unjust said:

I’d just do it, if the worst comes to it I’d be apologetic and apply for retrospective planning permission.

Since when did this forum become a place where people were encouraged to break the law?

The small amount of money it would cost to get confirmation from the council and/or apply for consent would eliminate the risk of having enforcement action being taken and/or having difficult questions to answer when the OP comes to sell the property.

What would you do if your application for retrospective consent was turned down?

There's money saving advice, and there's recklessness.

Interesting, please show how you believe my advice to be encouraging someone to break the law.

As far as I’m aware no one has shown that planning permission is needed, in fact given the changes to planning since the carport was built I believe it’s unlikely.

Consequently my advice makes sense.

The starting point in planning law is consent is required for 'development'.

The issue is not one of showing planning consent is needed, but instead that the OP has consent for their plans. That is the basis of my advice to them - to start a process of finding out what the current planning position is, and what view the council would take. Given the issues and potential complexity, asking the council is the easiest and safest way to proceed.

I'm interested that you think permission is unlikely to be required - given we don't know what planning conditions were imposed with the original consent, nor whether the property has had permitted development rights removed, nor whether it is in a conservation area or near a listed building - what is your optimism based on?  I'm particularly interested in what changes to planning law you think are relevant here?

To be 'legal' the OP needs to have consent for this 'development'.  The "just do it" approach risks the OP not complying with the law - that's what I meant by 'break the law'.  There's a difference between knowing planning consent is isn't required, and ignoring the requirements with the wishful thinking of 'fixing' it with a retrospective application if caught.