INSTALL GARAGE DOOR PLANNING PERMISSION?

[yanadautova]

I believe my property development rights are being taken away from me. I bought a house with a 3 wall structure across my garden that is classed as a carport/garage (or neither as garage has to have a door but it doesn’t while carport has to have 2 openings but it only has one). I wanted to insert a double door similar to ones used in the neighbourhood on a structure to use it as a secure storage space. I had local council getting involved telling me I have to apply for a planning permission as it will be a material alteration to the external appearance. From the researched information, it states on planning portal that i do not need a planning permission to insert new doors that are of a similar appearance to those used in the construction of the house. It also states that as long as I am not altering structure and not extending the place my project falls under my development rights. I have checked and i do not live in a conservation area and my development rights have not been removed. Local council said that there is nothing stating I cant put up a door, I do have restrictions on putting windows or dorma doors but no other types of doors are restricted. However, despite all that, they want me to apply for planning permission due to me putting up a door will materially alter the appearance....But then any of my developments rights can be twisted by the council. I feel Local council is unlawfully limiting my development rights and want a fee from me when I am confident what I am proposing is within my rights. Its like they created a loophole to overrule my development rights. Please help!

 

[freddiemercurystwin]

Photos please .......

 

[yanadautova]

Three pics: identiacal neighbours carport/garage; works done so far to mine; and proposed double door insertion to match neighbouring houses

 

[tony1851]

Assuming none of your permitted development rights have been removed, what you are proposing would not need planning permission.
Clearly you intend using that as a room - are you sure there is no restriction on converting garages to
habitable rooms on your estate? (many councils do this if they forsee off-street parking problems).
Other than that, all I can think of is that they are bluffing and just want your £172 application fee to put towards their Christmas do.
Just put the doors on, and see what they do, which in all likelihood will be $od-all, or maybe just a snotty letter or two.

PS: putting a door(s) in an opening does not constitute a 'material alteration'. Whoever at the council told you that is clearly in the wrong job.

PPS: just re-read; are you confusing Planning with Building Control? Conversion to a habitable room does need a Building Regs. application. Maybe it's that which they mean?

 

[yanadautova]

Thanks for your reply tony1851. It will not be used as a room, it will be used as an uninhabitable storage space. I had building control on me who kept insisting it looks like a room and I need building control to which I insisted its a storage space, I can do it up if I wish as there are no rules against that, I asked the buider to put little insulation to damp proof and board up the walls to smarten it up as well as put up doors to match the neigbourhood to make overall place look easy on the eye from outside. They eventually laid off as there is no heating put up and its their opinion if they think its a room, i call it a nice storage space which I can have if I want to and as long as its not habitable has no heating and beds its does not require building control.
The problem arisen with planning control however. There have been planning applications to convert garages to habitable rooms around the estate which have been refused due to as you mentioned originally placed parking restrictions for their garages, so I am not at all going down that route. I am arguing with them that I simply want to put up a door for storage purposes (which is really installing a door for my garage) NOT to make it a habitable room which will not only require building regs but also change of use planning permission. The reason to put a nice door rather than garage door is to make it blend in nicely with the neighbourhood and any internal alterations i choose to have in my garage is my business as long as I dont change the structure or build beyond my garage. As far as I am aware from speaking to local planning authority there are NO restrictions were originally placed on the carport, meaning it does not have to be solely used to park my car. As for my development rights, I was told I am only restricted to install windows and dorma doors, when I asked so I am not restricted to intall any other door apart from dorma doors i was told there are no such restrictions. Therefore, Its simple as pie to me, All I am doing is installing a new door into my garage which requires neither building control nor palnning permission and is within my development rights. What council is now arguing that even though... it will be a material alteration to external appearance of the place which does require permission. Now when I looked it up, indeed there is a section that states that planning permission is only needed for something that is defined as 'development' and give you a big list which my works dont fall under.However, there is a section which states works that do not amount to development are: building operations which DO NOT MATERIALLY AFFECT THE EXTERNAL APPEARANCE of a building. So council is now hooked on that idea and wont let me be! Its like a loophole they created for people with development rights... NIGHTMARE

 

[tony1851]

The council are incorrect in their interpretation; if that interpretation was correct, there would be no permitted development rights at all.
Just ignore them.

 

[angelboy]

"
The categories of work that do not amount to ‘development’ are set out in Section 55(2) of the Town and Country Planning Act 1990. These include, but are not limited to the following:

• interior alterations (except mezzanine floors which increase the floorspace of retail premises by more than 200 square metres)

• building operations which do not materially affect the external appearance of a building. The term ‘materially affect’ has no statutory definition, but is linked to the significance of the change which is made to a building’s external appearance."

http://planningguidance.planningpor...n-is-permission-required/what-is-development/

As there is no statutory definition then you have to considered how significant an alteration is to the building. You could argue that as permission is only usually required for windows & doors on a side facing boundary elevation, at a first floor level, that inserting a window of a similar style to that of the existing forward elevations windows would not require permission or pose a significant material change - it's effectively the same materials already in use over an opening that's already in use. The council would have to argue the term 'significant' and if this ever went to an appeal I think the planners would look stupid - so I doubt they'd want to take it to appeal so would therefore grant permission if they requested a retrospective application - especially as you say other properties have done similar (which sets a precedent).

The alternative is to fill the gap with a temporary garage door - then after a period replace it with a window. They can't argue a garage door is a significant change in the first instance then in the second instance they'd have a hard time arguing a significant change from a door to a window.

 

[tony1851]

Class A of Part 1 of the GPDO, states;

"Permitted Development
A. The enlargement, improvement or other alteration of a dwellinghouse"

A.1 then goes on to list all those developments which are not permitted, and so are prohibited. Fitting new doors
at ground floor level is not prohibited, therefore it is permitted and does not need a planning application.

As before, your council is either mistaken, or just trying it on.

Don't waste time arguing the point with them - the've stated their case and are unlikely to move, because they would then look foolish. In fact, they will enjoy the back-and -forward correspondence - it's just a game to them.

Just stick the doors on!!

 

[yanadautova]

Thank you for your reply Angelboy. You are correct, those were exactly the points the council is arguing and saying that my alteration, as simple as it is wil significantly alter how the place looks and therefore requires planning permission. When I asked what if I was to brick up that openning and make a new openning into my garden and install doors there they said that would still look significatly different... Government Planning portal states: insertion of new windows and doors that are of a similar appearance to those used in the construction of the house (note - a new bay window will be treated as an extension and may require permission). So Its a double ended stick where council is arguing significan external appearance change while I am arguing my permitted developments rights...Not sure if council can overule my rights?? I am seriously considering putting that £172 into deveopment law solicitors rather than giving council that cash. P.S. me and my neighbour are the ony ones with this type of carport, rest have garages with doors installed already and they tried converting it into a living space which was denied due to council arguing limitation of parking on site if they were to do it... Despite it being different from my case I still dont want risking applying for something thats potentially doomed...

 

[yanadautova]

Tony1851.. I have been soo stressed arguing with them... As I am confident that what they doing is limiting my development rights. I am considering taking this to the development law solicitors. My latest email to the council is as follows:
dear bla bla
I have checked with the builders and the doors should be arriving in the next 7-10 days. Meanwhile, may you please confirm the following for me:

1. My permitted development rights on the carport have not been restricted. If there are any restrictions, may you please confirm what exatly the restrictions are (when we initially spoke I remember you reading 2 paragraphs for me about origial restrictions regarding windows and doors)
2. Please confirm that I am not disallowed to install double doors, garage door or any other door on the carport apart from dorma doors and windows as per restrictions you read back to me during our original conversation
3. Please confirm that there is no restriction on use of land, i.e. the carport was not build specifically for car storage and council has no recorded restrictions on it being used for soley car parking and car storage purposes. In particular, if I was to use it as a secured storage space the council will have to objections and it will not be regarded as reducing numbers of parking spaces
   
4. As far as I have checked I do not live in the conservation area but could this also be confirmed please
5. You advised me to submit a planning application on the basis that installing a double door on the carport will materially alter the external appearance of the building. I am aware that there is no definition of material alteration and each council defines that term, could you please confirm what Cambridge City council definition of material alteration is.
6. Lastly, what alteration to the carport within my development rights will not be materially significant alteration to the external appearance if I wanted to securely store my possesions there?

As soon as the doors have arrived and been installed, the pistures will be forwarded to you as discussed. Meanwhile I shall consult the solicitors on the matter who asked me for written confirmation of the abovementioned points from the Council Planning.

 

[tony1851]

@op; personally I don't think you should have bothered writing back to them. They will just repeat -parrot fashion, what they have already stated.

Assuming there has been no specific prohibition on the use of the carport, then what you are proposing is permitted development - pure and simple - full stop. You will get nowhere going backwards and forwards with the council.

If I was in your shoes, I'd just get on with the job.

(BTW, if you wanted to take professional advice, the last person you should engage is a solicitor - you need to speak with a Planning Consultant).

 

[yanadautova]

thanks tony1851, i shall look for planning consultants in my area and keep you updated!