Planning permission - Garage or walls?

[cwuk01]

Hi all,

I have built some walls on land that I own to demark boundaries and a Right of Way area. The 3 walls effectively form a non-rectangular enclosure of approx. 3.5m x 5m, next to the highway and now frames the gateway entrance to a multi-unit rural development (converted farm barns).
To make the walls look more actractive I have also added a small raised bed to the highway side of the enclosure.
The walls are stone faced block walls to match in with the development.

The walls are all less than 2m away from the highway, and less than 1m where they are nearer to the highway. There is no roof on the wall and I have no plans to add a roof.
The intended use of the enclosure is store our ever increasing range of wheelie bins and recycling boxes plus stacking firewood for the winter.

The local LPA are claming I've built a garage without planning permission and are threatening an enforcement notice to remove the structure.
They also state that permission would not be given for the development in that location, so a planning application is not a solution to the issue.

2 of the 3 walls follow two of the boundaries to my property, so I do not understand why the whole structure should be removed to make it less 'garage' like.

My position is that the development firmly falls under Permitted Development Part 2 - Minor Operations.

How do I convice the LPA that I have built walls and not a garage? Is there a planning definition for garages?
We have no intention of storing any vehicles in the enclosure.

I have built similar boundary walls on the same site without challenge.

Any suggestions/advice please on how to avoid the enforcement notice and the need to appeal the notice?

Thanks
CW

 

[jeds]

A boundary fence or wall next to a highway is restricted to 1m high under PD. I presume your walls are garage height in which case it sounds like they couldn't be permitted development.

 

[cwuk01]

Hi again,

The walls adjacent to the highway are less than 1m high and the walls away from the highway are less than 2m.
So totally within the Part 2 Permitted Development limits for walls and means of enclosures.......

Totally baffled by the description of my development as a 'garage'

Thanks
CW

 

[jeds]

There's no definition of a garage in the Town and Country Planning Act so it will come down to ordinary usage. I would have thought as a minimum it would require 2 opposing walls capable of taking a roof - i.e. 2m high or therabouts.

In cases like this I usually advise people to do nothing more than say you don't know what they're on about. If they pursue it ask them to clarify what they mean by garage. If their explanation makes no sense go to appeal and let an inspector decide.

 

[cwuk01]

So the two opposing walls can still be built under permitted development and the structure could then be defined as a garage through lawful/unlawful use....... Very confusing for the developer.

The walls are imaterial to the use of the land in my case - I can lawfully store my bins/recycling and firewood there with or without the walls.

The walls make the area look more attractive and also screen the area from the neighbour's view, etc.......

So if the LPA think it is a garage, how do I make it less garage like?
The LPA want the whole structure removing, but I really don't understand their position and reluctance to discuss the matter and resolutions.

Thanks
CW

 

[^woody^]

I don't think that it matters whether it is called a garage, or if it looks like a garage, the mere building of the walls is classed as development under the TCPA

Their advice that you can't submit an application as it will be refused may be wrong and it is not up to them to pre-empt a planning application nor any subsequent appeal.

But in the meantime, you need to get some advice locally on what you can and can't do and to determine what you have actually done.

Putting a planning application quickly will prevent any enforcement action

 

[cwuk01]

So what is difference here between a 'garage' and an 'enclosure' ?

 

[freddiemercurystwin]

Putting a planning application quickly will prevent any enforcement action

Surely submit an application for a Lawful Development Certificate if it complies with the legislation woodster? No need for a full app.

 

[^woody^]

It depends on the facts of the case, as if a planning or LDC application are refused, then on any appeal the two will be looked at differently by the inspectorate.

But yes either will do

 

[freddiemercurystwin]

Aye as you say, its either lawful development or it aint and the OP isn't making a whole lotta sense!

 

[cwuk01]

Hi again

I believe I have built Walls under Permitted Development that form an enclosure of part of my land again under Permitted Development.
The LPA think for some reason I have built a garage.
I despair.

 

[freddiemercurystwin]

If you are sure then submit an application for a Lawful Development Certificate. If you are handy with a tape and a pencil you can do the drawings yourself. You will need to pay (about £15) for an OS extract for the location plan (unless you have something similar already) and £75 for the application.

Unfortunately the owness is (and always has been) for the homeowner to prove their development is legal rather than the LA proving it is illegal.

 

[hotrod]

Something a tad fishy about this thread .

 

[cwuk01]

What's fishy?