Garage Built With Conditions

[OZB]

Hi we are about to buy a house which had a double garage built in 1980 where planning was granted but with conditions. I am currently in the process of establishing what these conditions actually are.

We were initially looking to demolish garage and build a side extension instead.

Does anyone know if the conditions attached to the garage will become non applicable should the garage be removed? For example if the conditions state the garage can only be used for parking would that no longer apply if the garage was taken away?

Do conditions typically apply to the space as oppose to the garage itself?

Regards

 

[freddiemercurystwin]

If the council have given permission for the garage and conditioned that it is only used for car storage then it may be reasonable to expect the same amount of off road parking as you have now (including the garage) would be expected after the building of a side extension. So it may not be the conditions of the garage that trip you up more so the expectations they would have for any new application.

So begs the question how many off road spaces do you have at present with the garage? Generally they expect two. Is the site tight?

Unless you have a particularly helpful council they will probably expect an extra fee to find the conditions though I guess that should come back with the solicitors search?

Incidentally you can find this info out for free using the Freedom of information Act but that takes a good month or two usually.

 

[CambridgeBrummie]

You should be able to visit the local planning authority and inspect the planning application and planning conditions. They usually only charge if you want a copy. These days planning application are all online but back in 1980 I am guessing it will be on microfiche.

I would be surprised if there are many conditions. Usually there are only a couple. These days you can have upto 30 conditions but then planning authorities need to make some money!

In any case, you can always apply for planning permission to do the changes you want to do. The planning officer will take into account previous planning applications, so this is the main reason you need to see the condition and the reason for it.

 

[freddiemercurystwin]

You should be able to visit the local planning authority and inspect the planning application and planning conditions.

Yea good luck with that!

 

[Nakajo]

Which Local Authority?

 

[SimonH2]

Ask the vendor for a copy ?

 

[dhutch]

I guess it depends what they where trying to ensure.
- That there where not a stack of cars littering up the roads.
- That the didnt board up the door and make it into another room.



Daniel

 

[LukeB123]

To go back to the original posters question -

If the garage is removed then the conditions wouldn't be applicable regardless. It doesn't apply to the space that the garage occupies, it relates to the actual garage itself.

The only exception to this is if (for some reason) that the council removed permitted development rights for the house as a condition. That means that any extension will require permisison. As touched on by Freddy and Cambridge - there probably isn't going to be any conditions on there to worry about anyway.

It might be the case that your new side extension doesn't require any planning permission - just building regulations. It might be the case that your side extension requires planning permission regardless (becuase PD rights have been removed, because the position of the house, scale etc).

It also may benefit you to apply for planning permission BEFORE knocking the garage down (dependant on circumstance)

In general don't worry about it too much, deal with it as a usual side extension