Can I convert my garage?

[Dollhouse2]

Hi - I'm currently trying to get planning permission to convert my double tandem garage. I'm in a position where a clause on the house from the developers requires it. I've had it turned down once as I am required to have 2 parking spaces for my property and by converting they say it I would lose one so are refusing (I also have a driveway for parking but although I can fit 2 Cars on it they say it can't count as 2 parking spaces as they need to meet minimum recommended sizes through parking standards). So I am planning to submit a revised plan that just converts the rear of the garage and leaves over half the existing garage as it is.. however- I am getting the impression from the council that they may then refuse it on the grounds that the remaining garage will not be deemed big enough to be classed as a garage under "new development parking standards" even though its not a new development it's the same garage they were just saying "was" a parking space. Do I have a good case for appeal if they do turn it down as it seems absolute nonsense to me. Either it IS a parking space or it's not??

 

[^woody^]

Is there supplementary planning guidance that detail the sizes required for parking paces on the front garden? And if so, are you saying that you can't meet the guidance?

Its a bit unusual for the council to specify car space sizes

 

[Dollhouse2]

They are referring to Essex parking standards guidelines which state sizes parking spaces are recommended to be and they say because parking is a problem in my area they have to enforce it in my case because I will take a space away by converting the garage, (not that we have ever put a car in the garage the last 15 years) the outside spaces that have always been there, although I currently fit a Land Rover and a fiesta on them, aren't adequate because in the future someone with two larger vehicles might buy the house then their vehicles wouldn't fit on..

 

[freddiemercurystwin]

Their argument is that you could own a car that could fit but you choose not to.

 

[^woody^]

They are referring to Essex parking standards guidelines

Here is a tip. Many planners (and highways engineers when consulted) refer to parking guidelines for new build and other situations such as retail developments. Now, these do not apply to domestic extensions unless they specifically state this, or are referenced in any "domestic extension guidelines" or supplementary planning document.

So check that they are referenced or do actually apply.

If they don't, then if you can fit cars on the front garden, even if you will ding the doors when opening them, then that is all that matters and you can use this as additional parking to support a garage conversion.

 

[Dollhouse2]

They keep referring to rules for "developments" which I thought would be for new builds but because the use of the garage will change im getting the impression that counts as a new development? they are referring to a supplementary guide that has "recommended" sizes but also says that local authorities should not take a one size fits all approach when I've read it so I'm confused why they are being so strict.

 

[Diver Fred]

When was your property built? That date could affect what you can do.
Certainly where I live most houses have sufficent off-road parking for 3 vehicles but it's defined (in the deeds) as 2 parking spaces.
Two neighbours had planning permission to build over their drive as the house was behind the building line but they have had to replace front lawn with a parking spaces.

 

[^woody^]

You need to check if the Parking Standards apply to extensions. If not, appeal.

 

[Dollhouse2]

You need to check if the Parking Standards apply to extensions. If not, appeal.

Does it count as an extension if I'm not altering the outside of the building in anyway apart from a velux window? In parking standards it does refer to if garages are converted to habitable rooms there has to be two outside spaces. The thing is according to their "standards" my existing garage doesn't meet the required size to be classed as a parking space so I'm baffled as to how I'm taking a parking space away by converting it...

 

[Dollhouse2]

When was your property built? That date could affect what you can do.
Certainly where I live most houses have sufficent off-road parking for 3 vehicles but it's defined (in the deeds) as 2 parking spaces.
Two neighbours had planning permission to build over their drive as the house was behind the building line but they have had to replace front lawn with a parking spaces.

It was built in 2000 with a clause that the garage should be only used for parking but the council have said they aren't enforcing that as they encourage development. However my drive I park 2 cars on isn't long enough for 2 cars in their opinion and could be "unsafe". When I look at it these same size restrictions mean the existing garage isn't big enough to be a garage as it's under 3M wide even though on the deeds it's a garage. So which presides, the "garage" from when it was built or what's defined as a "garage" by Essex parking standards?

 

[^woody^]

If they are classing the garage as a parking space, then logically a "garage sized" space on the front garden is a suitable space too, and wont be a loss of a space if the garage was lost. So that would be worth appealling against.

 

[Diver Fred]

In #6 I read it that the planning deptment is willing to give some advice on a solution - why don't you go and ask for such advice?

BTW - my garage is only 2.7mtr internally 2.9 external.

 

[Dollhouse2]

Their preferred "solution" is I knock down and then rebuild 2.1m off the front of my garage which I'm not willing to do. The entire garage is 10.8m long 2.9 wide (2.6 internally) I have asked provisionally if i resubmit the plan to leave adequate space inside the garage to accommodate a parking space and convert the rest but although one person there said i could try that but they wouldn't like to suggest what an inspector would deem one parking space, another person said no in theory because the area left as garage wouldn't conform to the width size of 3m that its parking standards require to qualify as a space..

 

[Dollhouse2]

This is the current parking and garage on left

 

[Diver Fred]

Thanks for the 'photo. Looks like the house was built with an included garage and second parking place outside of that. From your comments it reads to me that the council are applying the later standards to your request than when the external garage was built - which just seems to be a 'jobsworth' being pedantic (and >probably< wrong).
Unfortunately I do not know enough about planning law to be any futher help; Sorry.
Maybe a good builder could help, otherwise a friendly architect or solicitor may give you better advice.