Semi to terraced by adjoining garage - HELP

[Rizla44]

I recently put in a certificate of lawfullness application for a 50 cubic meter loft conversion. The planner has come back to me saying that i'm only allowed 40 cubic meter under PD because my house is terraced.
However, on one side I share a party wall but the other side only my 'unhabitable' garage joins with my neighbours garage. The garage is of course single storey, only about 5 meters and the rest of this side of the house is completely detached.
Is my house really terraced? My garage is completly unhabitable. Is there anyway I can get around this.
Would appreciate and solid advice here.

Thanks in advance.[/b]

 

[Nakajo]

No. You are semi-detached. If you tried to submit an application to infill the space between you and your neighbour, the council would resist it on the grounds that you would be 'terracing'!

Are you planning to sell in the near future?

 

[Rizla44]

Hi Nakajo,

Thank you for your reply.
No I'm not planning on selling anytime soon.
When I spoke to the planner, she said even if the garage is unhabitable, the properties are joined, thus making this a terraced house.
How would I go about trying to convince them that its a semi? My application period is nearly over and i'm planning on starting the works next month and I really don't want to go down to 40cubicSqm.
For Info - picture illustrates how the garage is adjoined at the front and at the rear we have a 1.2 meter walkway 'each' between the prpoerties.

 

[tony1851]

Are the garages original to both houses?

When you bought the house, was it marketed as a semi or a terrace-house?
Are other similar houses on your row classed as semis or terraces?

Your planning officer seems to be stretching the definition of 'terrace house' too far.

 

[Rizla44]

Thanks Tony.
The garages are original from the 1930's.(as originally built)
We have a mixture of houses on our road, for example - the house to which a share the partywall, their garage don't adjoin to their neigbours. Others on the road are similar to mine and some completly detached.
The was indeed marketed 'Semi' and i've just checked the title deeds and there is no mention of semi or terraced.
The planning officer seems to have a bee up her bonnet - agree she's strecthing the term terraced, question is how can I convince her it's a semi?

 

[RonnyRaygun]

Isn't that usually known as 'link detached'?

Or if it's a semi, 'link semi-detached'?

 

[wessex101]

‘terrace house’ means a dwellinghouse situated in a row of three or more
dwellinghouses used or designed for use as single dwellings, where -
(a) it shares a party wall with, or has a main wall adjoining the main wall of,
the dwellinghouse on either side or
(b) if it is at the end of a row, it shares a party wall with or has a main wall
adjoining the main wall of a dwellinghouse which fulfils the
requirements of sub-paragraph (a).

Definition taken from Permitted Development for Householders Technical Guidance. I don't see how they can class the party wall to the garage as "sharing a party wall with the dwelling house on either side" or is yours an end of terrace by any chance?.

 

[freddiemercurystwin]

The definition is in the legislation: http://www.legislation.gov.uk/uksi/...e-antenna-on-a-dwellinghouse/paragraph/I/made

Interpretation of Part 1

I. For the purposes of Part 1—

“highway” includes an unadopted street or a private way;

“raised” in relation to a platform means a platform with a height greater than 0.3 metres; and

“terrace house” means a dwellinghouse situated in a row of 3 or more dwellinghouses used or designed for use as single dwellings, where—
(a)

it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or
(b)

if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of paragraph (a); and

“unadopted street” means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980(1).

I would appeal it, I think she's wrong too, googling and other resources eg http://www.planningresource.co.uk/a...ment-order-part---1-class-q---dcp-section-434 does not suggest there has been an appeal whereby its definition has been has been tested. Search that web page and you will find a similar query to yours and the response, there is also mention of link detached properties. 'Ctrl F' will enable you to search for the word terraced or link incase you didn't know.

 

[^woody^]

Refer your planner to the GPDO 1995 (Section 2, Part 1, item I (interpretation of Part 1) where it defines a terraced house as -

“a dwellinghouse situated in a row of three or more dwelling houses used or designed for use as single dwellings, where—
(a)it shares a party wall with, or has a main wall adjoining the main wall of, the dwelling house on either side"

I don't think a garage wall can be defined as a "main wall".

As there is no other definition of a semi-detached or even "link-detached" house in planning law, then it would be sensible to rely on the common definitions of these. To which, yours seems to be a semi-link-detached (if that is a term) but its certainly not a terraced house by any stretch of the word.

An estate agent would certainly not describe it as a terraced house, for instance. And I'd suggest that if he did so he would fall foul of the Property Misdescriptions Act 1991.

 

[wessex101]

Great minds think alike....or is it fools seldom differ.

 

[Rizla44]

freddymercurystwin/Woody/wessex and all others,
Thank you so much - I can sleep peacefully tonight.
I will fire all this info at her, lets see what she comes back with.
If theres any other resources out there, please advise.
I'll update here what happens from this, for benefit of others.

 

[^woody^]

Just quote the GPDO 1995. Its the only definition ... unless she knows different.

 

[Nakajo]

and don't back down