Interpretation of Planning Permission

Interpretation of Planning Permission

Postby Rusty Knight » Sat Mar 04, 2006 4:10 am

Hello all,

I really could do with some help here......

Built my house 3 years ago on a site 200 yards back from road. At the time I also got permission to build a garage. Because of lack of funds, the base for the garage has only been completed now - planning permission expires in September. (Did it myself)

I am concerned about 3 issues/problems, perhaps all of my own making;

I have set the floor of the garage 1 metre below that of the house, as the site is on the side of a hill
I have reduced its size from 26x 28 to 21 x 25 due to space availability
I have rotated the orientation of the garage a little - it is not strictly as shown on the plans

In the submitted drawings, or received permission or conditions, there was no mention of maintaining house and garage level with each other, and there is only one dimension shown, detailing the distance between the nearest corners of house and garage. I have complied with this. No other positional dimensions exist. Plan and elevation views of garage and house were submitted on seperate drawings, and the only drawing showing both together is the site area map, with that one dimension.

Can anyone advise me what me position is? Neighbours and friends have all supplied the usual stories at both ends of the spectrum; from 'oh you'll have to tear it up and start again' to 'go ahead, your miles from the road in the middle of a field, it won't matter' etc

The garage won't work any other way that the level, orientation and size I have currently chosen. I should mention due to circumstances the garage is needed urgently to free up rooms in the house, and so I am afraid that to seek advice of authority would hold everything up for months.

Any advice or direction would be very welcome.

Best regards, R :(
Rusty Knight
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Re: Interpretation of Planning Permission

Postby a boyle » Sat Mar 04, 2006 5:09 am

you have 3 choices 1.stop and apply for new permission. 2.built it and get retension permission in a while.3.it is possible to get extensions to the expiry date, if you feel that what your building fullfills the permision given.

since its just a garage i would go for 2
a boyle
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Re: Interpretation of Planning Permission

Postby publicrealm » Sat Mar 04, 2006 4:31 pm

The first condition of any planning permission usually requires that the development be constructed in accordance with the plans submitted.

You appear not to comply - insofar as the dimensions will differ. If you follow the advice of going ahead regardless then you will have an unauthorised development.

You will need to regularise this with a retention permission in due course.

Another alternative is go for a new permission (garage only) for the changed dimensions - you could get bthrough the system in 8 weeks if you keep it simple and there are no objections. This is the most prudent course - as there appears very little danger of a refusal - whereas by 'whoring it out, (as they say in FF) you do run some risks.

Best of luck
publicrealm
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