My garage planning application - permitted development

[charliem]

Morning, and happy easter all,

I have a planning application in to demolish a dilapidated garage and to construct two new garages on the plot. The garage is at the end of a garden. I own the garage. Someone else owns the house

Response from Bromley Council:

1. Please confirm whether the use is domestic in connection with and incidental to the enjoyment of the dwelling house at the address

What is the council looking for from me? There is no change of use.

Thanks,


Charlie

[charliem]

Having researched the changes to Planning brought about by the April 2010 guidance: http://www.planningportal.gov.uk/upl..._april2010.pdf

I think that my garage expansion falls under permitted development provided:

A garage is a warehouse (I believe it is). Any thoughts?
A garage is non-domestic

I plan to knock down a dilapidated garage and build two new garages on the same plot - bigger, to the borders of the plot. Current floorspace is 22sqm and the two new garages will total 36sqm.

Apparently my application is invalid - does that mean that I don't need to put in an application therefore it is permitted?

Thanks,

Charlie

[JK0]

I have no idea about your planning permission.

However, beware of building garages that aren't connected with a dwelling, as you may then be charged business rates on them.

[JK0]

As I mentioned in reply to your other post, they are looking for business rates.

[Moderator2]

Two related threads merged.

[charliem]

I'm not sure I agree with you on that one. Just because a garage is seperate from a house does not mean that business rates are charged on it.

Also the Planning department of the council is not the same department that applies and collects business rates.

In my understanding Bromley Council is saying that there is no need to make a planning application if the property is non-residential and as a non-residential development it should fall within permitted development.

Charlie

[mk1fan]

No, they are not saying that.

They have deemed that your current application is invalid. By this they mean that it is either incomplete or incorrect and therefore cannot be considered. You are wrong to take this to mean there is not a need for consent or that the works are permitted development.

Assuming that you own the freehold to the plot on which the garage sits and that this plot is separate (ie has diferent deeds) from the plot the house sits on then you will most likely need planning consent.

The reason they asked the question was because if it were part of the plot of the house then it's likely to achevable under PD rights of the property. But as you say it isn't, then it is unlikely that the works would be acheivable under PD rights of the [small] garage plot if it has any.

Is the garage plot attached to any other plot or was it purchased on it's own?

Given the complete lack of understanding shown above I would suggest you speak to a Professional.

[charliem]

Don't worry, I don't have a lack of understanding, just hoping to find someone who has experience.

Bromley council is asking me to confirm that the planning is domestic, but it is not domestic, so this question has surprised me. It is clear from the plans that I submitted that I only own the freehold garage and not the house next door, and therefore this cannot be a domestic planning application. It is non-domestic.

Having re-read the planning requirements for non-domestic (class A) development, anything that is within 5 metres of a boundary needs an application.

So I need to apply, and I thought my application was complete. I will call the council tomorrow and see if I can make sense of their requirements - ie ask them to explain why the application is incomplete.

The last one of these I did went through without a hitch in a conservation area, so this should also be straightforward. Both applications I have done myself - including all the drawings

Thanks all,


Charlie

[mk1fan]

With all due respect you clearly do have a lack of understanding. You may well be able to read a governmental release but given the very basic misunderstanding you have shown above you lack the kno whow of how things work and the meaning of terms used.

Is this a garage in the sense of a mechanics place of business or in the sense of off street parking for a home owner?

If the latter then having it considered as a householder application would be easier and less stringent from a planning point of view.

If is the former or you're doing this for financial gain - eg to let them out or sell them - then this would make it a commercial application and be more indepth. There is also the risk that the Use Class maybe changed which could then lead to Business Rates liability.

As detached as council departments appear when it comes to working together they aren't stupid.

As I previously said, you need to speak to a Professional and be honest with them regarding your intentions.

[pilman]

Local planning Authorities have a Householder application with a fee of £150 and a full planning application that requires a fee of at least £335 depending on what is being applied for.

If you have completed the correct application form and enclosed the correct fee with all the necessary plans and documents, that may include a design and access statement and have correctly identified the area of land you own with the correct ownership certificates completed, then an application will be valid and the LPA will start to consider the application.

If any of the forms, or documents, or fees are not correct that is when a letter is normally sent out explaining why the application is not considered valid and stating what is required to make it valid.

From what has been stated here, there are certainly no permitted development rights associated with a free standing garage, so an application to demolish one such garage and replace it with two slightly bigger garages will be dealt with under the standard policies shown in the published Local Development Framework.