Unauthorised change of use

[Deardee]

In 2019 I built a garage on a piece of land adjacent to a residential property that I owned under permitted development. I sold the main house the same year and maintained the land and continued to use the garage for domestic storing. This has been the case till receiving a letter from town & country planning PCN October 2023 saying that I was in breach for unauthorised change of use and given 28 days to respond.

I was asked to complete a questioner about the development and namely the purpose of use at the time of build and use present day, I stated domestic garage housing family personal item. No further correspondence was requested. Now 14 weeks on January 2024

I have later received another letter informing me that a breach of planning has occurred; unauthorised change of use of the land stating that it is being used as a class B8 – storage and distribution??? Of course, I will appeal this but how do you prove it is not a B8 to people that haven’t even checked out the facts and looked in the garage.
I honestly have no idea what evidence they have to support this.

Anyone else had a similar experience and can you give me an idea of the best line of attack? Do I go straight for the jugular or try and appeal to their better nature and invite them to take a look?

 

[securespark]

I would want to find out what they know. I would not give them any further information.

I suspect B8 is commercial storage? Which a domestic garage is not.

I would get some legal advice.

 

[mattylad]

B8 is storage and distribution.
See https://www.planningaid.co.uk/hc/en...ing-B8-storage-and-distribution-premises-mean

https://www.planningaid.co.uk/hc/en-us/articles/203144422-What-are-use-classes

If anything I would just let them know that it is used for domestic storage, just like 95% of all other garages up and down the country.
They are also required to let you know exactly the nature of the complaint/breach although not who dobbed you in.

 

[foxhole]

They would have to prove this , which they can’t if you have been honest .

 

[gas112]

edit

 

[Deardee]

B8 is storage and distribution.
See https://www.planningaid.co.uk/hc/en...ing-B8-storage-and-distribution-premises-mean

https://www.planningaid.co.uk/hc/en-us/articles/203144422-What-are-use-classes

If anything I would just let them know that it is used for domestic storage, just like 95% of all other garages up and down the country.
They are also required to let you know exactly the nature of the complaint/breach although not who dobbed you in.

Hi, thanks for the links.
Yes we did let them know and we will again make contact in the hope they will see sense but this is the planning enforcement so I don’t hold out much hope. I know 100% they have no evidence because it is in no way used as B8 class.

Our thinking is that they know the building was built under permitted development but if they decide it’s B8 premises this does not benefit from permitted development rights. No one has even visited the site and looked in the garage. This is a neighbour behind all this who launched a consistent 4 year harassment battle against and now seems to have the ear of the council.

Its seems that it’s down to us to prove we are not in the wrong not that they have to prove anything at least not at this stage.
I loath bullies.

 

[Deardee]

They would have to prove this , which they can’t if you have been honest .

Yes but it’s a long exhausting path that is just needless if they just visited they would see. I am under Essex council and they are known to be a difficult planning office to deal with. Once we get this sorted I will start a complaint procedure, a clear a case of bias.