MY PD RIGHTS HAVE BEEN REMOVED

[AdamGore]

I live in a new semi-detached house, I built an Outer building at the back of the garden. this is being used as a storage and Gym.
The council enforcement officer sent a letter saying that the outer building has no planning permission and that i need to take this down.
Unfortunately when the planning permission was granted for the house the council took away the pd rights. and i guess the 4 year ruling won't apply.
they are asking i should put a planning application.
Is there any other way around this. Thanks

 

[freddiemercurystwin]

How long ago did you build it? Would the outbuilding ordinarily meet the criteria for PD? Whilst planning often write to threaten this or that it's likely they would go no further than write some more snotty letters. Has anyone else on your estate built anything similar and were they granted PP?

 

[AdamGore]

Freddy Thanks for the Reply.
The outer building was built at the same time the house was built. which is 4 and half years.
I live on a street where all the houses are Terraces. Most of the other houses
Have the outer building. But because My house is new built the council took away the pd rights. this was because the rear garden was on considered to be only just adequate for the amenity area for the house.

Even though my garden is still larger than most of the garden on the street.
From the house to the shed is about 13 meters and the width is about 6 meters.

The enforcement officer originally came out 3 months ago and sent a letter stating that i should either put an application for the outer building or remove
the building.
I ignored the first letter and now i have just received another letter from him, saying that he hasn't received a reply how we are going to go ahead with this.
What are your thoughts. thanks

 

[tony1851]

First off, you won't be going to jail - it's not a criminal offence. The worst they can do is issue an Enforcement Notice, which of course you could appeal.

But before it gets to that stage, tell them that you think it's perfectly reasonable - not overly-large, and that you have more amenity space than the other houses. If you have at least one-half space left, that would normally be considered reasonable under the pd rules anyway.

Don't feel forced into making a planning application - they will turn it down anyway on principle and you will have wasted money on drawings.

Just sit tight and if needs be tell them you will appeal any EN if necessary

 

[AdamGore]

Hi Tony, because the pd rights were removed, I think the is no fee for
Application. But I'm not sure if this is the right way forward,
May be they want me to put application in soo they can refuse it, then I'm totally stuck.
I approached a planning consultant who said because I breached the condition
The 4 year ruling doesn't apply and it becomes 10 years.
And he suggested we put an application in for this.
But may be he just wants to take it the long way round for his fees.

 

[noseall]

May be they want me to put application in soo they can refuse it, then I'm totally stuck.

No, you have built a structure without permission, ignored the council and now you are fretting about costs.

Whilst Tony's and Freddies stance looks appealing to you, theirs is somewhat biassed towards the homeowner as that side of things is financially beneficial to them.

If everybody did what Fred and Tony suggested and ignored the council, what then? More money for Fred and Tone, more misery for those living close by.

You were conceited enough to build a home gym and conceited enough to think you were exempt from planning laws. Ho hum.

 

[tony1851]

Whilst Tony's and Freddies stance looks appealing to you, theirs is somewhat biassed towards the homeowner as that side of things is financially beneficial to them.....

More money for Fred and Tone.

 

[freddiemercurystwin]

I think noseall may have only just got in from a heavy night!

 

[AdamGore]

lol..
Would Anyone know if i could somehow have my condition removed?
As this is the only property in the area that has no pd rights?
Or anything else alternative. Thanks

 

[jeds]

If I read this right the offending building was built 4 and half years ago. If so it's immune.

 

[AdamGore]

Hi John Unfortunately the 4 year ruling doesn't apply to this.
Because there is a breach of condition when the planning was granted. So this automatically becomes 10 years immune

 

[cjard]

Adam, why is this not a case of operational development in breach of a planning condition?

 

[freddiemercurystwin]

If a breach of the original planning approval conditions has been made then it's the ten year rule isn't jeds, it could only come under the four year rule if it was a breach that was independent of the original approval. Who built the outbuilding and when precisely, relative to when the house was sold for the first time?

 

[AdamGore]

Hi freddy,
The house was build in June 2010 the outer building was built same time.
The house was actually built by my Brother.
But I purchased the house from him in June 2011.

Whilst the houses was being built the enforcement officer
Turned up then (June 2010)
He mentioned that the outer building should not have been
Built, but he advised that the works on the house should carry on as normal
And that when the house is ready the occupier needs to put a planning application for the outer buildings.
I knew about this before I purchased the house.

 

[cjard]

So the outbuilding was completed before the house was?