New extension- no permission for previous work

[parn52]

Morning everyone.

I have an idea on how this thread will go, and yes it is my own fault.

So back in 2023 I decided I wanted to extend my existing garage to go from a single to a double, this was completed in January 2024, we have a builder in the family and as far as he was concerned this was permitted development, I did have a brief look online and this indeed looked to the the case so that was that.

Fast forward to now, we want to create new room at the back of the house, for various reasons our family builder is unable to take on the project, and with it being a relatively small project and timescales I set about getting quotes from other builders, one of which, during a conversation hinted that the previous work would have needed permission as the garage before and after the work was attached to the house, if it was never attached then permitted development would have applied, I looked online and this appears to be the case.


For what it s worth, the new garage extension looks much nicer than previous with the new double door etc, confirmed by neighbours too, so it s not like it s an eyesore.

So now I m unsure what to do, if I submit plans for the new extension, I don t see how I can t also show the new garage extension in the plan!

1) house before garage extension
2) house after garage extension
3) house plan with new room

Edited by parn52 on Friday 30th January 09:35

Edited by parn52 on Friday 30th January 11:08

[Terminator X]

Apply for retrospective permission?

TX.

[parn52]

Terminator X said:

Apply for retrospective permission?

TX.

So on this, my gut feeling is that they won’t be best pleased I just decided to build something without permission, and not only
Object to the new plans but also demand demolition, I’d be £20k out of pocket before a sledgehammer was even swung!

[skeeterm5]

Unless you are thinking of doing the extension without permission then I don’t see how you have any option but to apply for retrospective permission for previous works. Aside from lack of permission I guess you are also missing building regs sign off too.

Even if you don’t proceed the garage extension could well be an issue if you try and sell too.

[smokey mow]

If the garage is attached to the house then you would also have needed Building Regulations approval.

[andya7]

Need more information for a full response, i.e. size of original dwelling (as built or as it stood in 1948), conservation area, listed, fronting the road, not on a corner plot, have PD rights been removed, etc.

Basic/simple response, it is permitted development if;
- single storey side extension - max 50% of the original width
- max 4m in height
- if within 2m of boundary - max 3m to eaves
- materials to match

Looking at the sketch on a screen, the original dwelling is '4' wide (happens to be 40mm on my screen) and the first garage extension is 25mm. So, it is greater than 50% of the original width, so is not PD and required planning permission.

Not a problem in submitting an application for a further extension and it would naturally include the 'illegal' first extension. In terms of the likelihood of success, it depends on the context of the street, but as a single storey building it shouldn't give too much of an issue. If you want to send me a message with an address then I am happy to give you a more detailed response (it's what I do).

[Terminator X]

parn52 said:

Terminator X said:

Apply for retrospective permission?

TX.

So on this, my gut feeling is that they won t be best pleased I just decided to build something without permission, and not only
Object to the new plans but also demand demolition, I d be £20k out of pocket before a sledgehammer was even swung!

Just explain that you genuinely thought it didn't need permission. Now with hindsight you want to get it approved or agreed no permission needed.

O/T we had a conservatory built and were told it didn't need permission. I sent it to the planners "just in case" and they agreed. Now I have a letter from them agreeing.

TX.

[The Three D Mucketeer]

Have you got Building Controls signoff on the extension ? If not your builder was at fault again.

[parn52]

andya7 said:

Need more information for a full response, i.e. size of original dwelling (as built or as it stood in 1948), conservation area, listed, fronting the road, not on a corner plot, have PD rights been removed, etc.

Basic/simple response, it is permitted development if;
- single storey side extension - max 50% of the original width
- max 4m in height
- if within 2m of boundary - max 3m to eaves
- materials to match

Looking at the sketch on a screen, the original dwelling is '4' wide (happens to be 40mm on my screen) and the first garage extension is 25mm. So, it is greater than 50% of the original width, so is not PD and required planning permission.

Not a problem in submitting an application for a further extension and it would naturally include the 'illegal' first extension. In terms of the likelihood of success, it depends on the context of the street, but as a single storey building it shouldn't give too much of an issue. If you want to send me a message with an address then I am happy to give you a more detailed response (it's what I do).

So the new half of the garage is definitely less than 50% of the previous existing.

It is a corner plot and just clear of 2m from the boundary, the materials are as close a match as was possible as the original house was built in 1965.

The rest of the street has been extended, although in different ways.

And no, no building regs either.

[GasEngineer]

The Three D Mucketeer said:

Have you got Building Controls signoff on the extension ? If not your builder was at fault again.

^^^ This. Surely your family builder must have know that BC needed to be involved.

[tim0409]

I would speak to a local architect who does work with your local authority as he will be best placed to give you advice on the success or otherwise of a retrospective application, and advise on what you are planning for your further extension. Also, planners will treat your retrospective application in the same way as if it was a new application; they will apply exactly the same policies so don’t worry that you will be judged harshly for building it without permission (that’s the theory anyway…).

[Sheepshanks]

andya7 said:

.....
Not a problem in submitting an application for a further extension and it would naturally include the 'illegal' first extension.

If he submits a planning application with "current" as it is now, and "proposed" as he wants it to be, how deeply are the planners likely to look at "current"?

I suppose, where I am, the parish council would be very likely to point out the house had already been extended.

[smokey mow]

Sheepshanks said:

andya7 said:

.....
Not a problem in submitting an application for a further extension and it would naturally include the 'illegal' first extension.

If he submits a planning application with "current" as it is now, and "proposed" as he wants it to be, how deeply are the planners likely to look at "current"?

I suppose, where I am, the parish council would be very likely to point out the house had already been extended.

One of the first validation checks for any planning application is a search of the past applications and decisions.

[C Lee Farquar]

smokey mow said:

One of the first validation checks for any planning application is a search of the past applications and decisions.

That doesn't appear to be the case with my local authority, is it national policy? I know ours are very short staffed, drafting palnners in from all over the country for short periods which may be a reason.

[Sheepshanks]

smokey mow said:

One of the first validation checks for any planning application is a search of the past applications and decisions.

That’s OK - OP didn’t apply in the past!

[Chipstick]

The Three D Mucketeer said:

Have you got Building Controls signoff on the extension ? If not your builder was at fault again.

Ultimately the responsibility is with the property owner to ensure compliance, but yes they could have mentioned it.

[Chrisgr31]

The first question is I suspect how likely is it that consent would have been granted for the garage extension?

If the answer to that is likely can you submit an application which includes the new bit and a retrospective application for the garage? Would be cheaper I guess to do one application instead of 2.