Historic Planning Permission?

Historic Planning Permission?

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neenaw

Original Poster:

1,212 posts

191 months

Friday 26th August 2016
quotequote all
We've currently got a somewhat dilapidated old detached garage in our garden which needs replacing.
The current garage is a metal framed corrugated concrete/asbestos thing approx 16'x8' and about 8' high and is up against our boundary fence behind the flat.

I'm looking to replace the garage with something a bit bigger, possibly about 20'x10' and most probably a log cabin type garage rather than a brick built one.

When I look on the local Council website it shows that planning permission was sought and granted in 1959 to erect a garage.
Would this planning permission still be valid if I were to remove the old garage and replace it with a new one?
If it already has planning permission, would that mean that I could go above the 2.5m maximum height that seems to be the limit for building it within a metre of the boundary?

Equus

16,980 posts

103 months

Friday 26th August 2016
quotequote all
neenaw said:
Would this planning permission still be valid if I were to remove the old garage and replace it with a new one?
Hell, no!!

Planning Permissions have a fixed life (generally 3 years, unless otherwise specificed on the approval notice). Unless you make a material start on the work within that period, they lapse.

You can always mention the 'dead' consent in any re-application, though, and it will usually carry some weight unless there has been a change in material circumstances of planning policy in the intervening period.

...But there have been a lot of changes in Planning Policy and (probably) the material circumstances relevant to the site in the last 57 years. biggrin

neenaw

Original Poster:

1,212 posts

191 months

Friday 26th August 2016
quotequote all
I thought it might be the case buts it's good to hear that from someone else.

My understanding is that the garage I'm looking to replace it with may come under the permitted development rules so as lon g as keep it under 2.5m I should be ok.
I've tried reading the rules a couple of times but keep confusing myself! I might just try and speak to someone at the council to confirm it before I start knocking the old one down.

Equus

16,980 posts

103 months

Friday 26th August 2016
quotequote all
Always wise to check - not all properties actually have PD rights, for a start (they can be withdrawn, or special rules can apply in certain areas).

But yes, subject to the position of the garage, in England it's 2.5m height if any part of the building is within 2 metres of your plot boundary, or 3 metres max height if all parts of the building are further than 2m from the boundary.

The rules in Wales are slightly different and more sensible (2.5m height for those parts of the building within 2 metres of the boundary, 3 metres elsewhere), but that won't bother you unless you're Welsh.

Detailed guidance here (it's Class E, beginning on page 38, that you're interested in).

Swervin_Mervin

4,478 posts

240 months

Friday 26th August 2016
quotequote all
Equus said:
neenaw said:
Would this planning permission still be valid if I were to remove the old garage and replace it with a new one?
Hell, no!!

Planning Permissions have a fixed life (generally 3 years, unless otherwise specificed on the approval notice). Unless you make a material start on the work within that period, they lapse.
Surely the PP has been implemented - hence the current dilapidated garage? Therefore there should be no issue replacing it, albeit increasing the size may require a chat at the very least with the authority, if not a fresh application.

Equus

16,980 posts

103 months

Friday 26th August 2016
quotequote all
Swervin_Mervin said:
Surely the PP has been implemented - hence the current dilapidated garage?
Dunno; that wasn't my understanding of the OP, but you might be right.

In any case, unless the replacement is like-for-like in terms of size, position, design and materials, it would need a fresh application if not PD.

If that's the case, though, you should show the old garage 'to be demolished' on the drawings, so that hopefully they will take into account the existing building and hence only assess the additional or differing impact of the new one.

neenaw

Original Poster:

1,212 posts

191 months

Friday 26th August 2016
quotequote all
The planning was implemented and the current garage built from what I understand.

As far as I can see there's no reason why it wouldn't be a permitted development but I'll double check with the council just to be sure.
I'll have a read through the link there to see if I can figure it out. I'm currently just trying to find out what's what so when I do speak to the council I'm not completely confused with everything they say!
As you might have guessed, it's the first time I've had anything to do with any kind of planning so it's all a bit of a steep learning curve for me at the moment.