Planned replacement garage near listed building...advice requiredplease
 

We plan to demolish a decrepit flat-roofed double garage and some
smaller outbuildings and replace with a (better) larger garage with an
attached greenhouse all within the yard area of our *unlisted* house.
However our neighbour’s house *is listed*...

Reading "The Planning Game", (Dijksman 2007 Ed) - it appears I do not
need Planning Permission, as under PD rules, as long as:-

- the new structure is no nearer the highway than any existing part of
the house
(a bridleway runs adjacent to the house and yard so it's hard to see
how we could fall foul of that)

- no more than half the area of land around original house should be
covered
(the yard and garden come to more than enough to not fall foul here
either)

- the structure would be less than 4m ridge
(yes as currently envisaged)

(we plan to build the new structure no closer than 5m to existing
house to maintain PD rights)

So far would I be correct in my assumption that no PP is required as
long as above conditions are satisfied? Have I missed anything?

Does the presence of the Listed Building alter things? if so in what
way(s)?


Building Regs:-
As the garage is ultimately to be more than 30m2, if I understand
correctly, Building Regs come into it – is there any mileage in
building the thing in “less than 30m2” stages (garage 1, extend with
garage2, then add greenhouse)? Or any other “tricks of the trade” to
avoid BRegs?

Thanks for any help/pointers
JK

Planned replacement garage near listed building...advice requiredplease
 

It sound like you're free of planning constraints - however it may be
worth making a written enquiry to your local planning dept so that you
have written confirmation that it's not necessary.

I'm not sure about the exception to Building Control inspections for
buildings of less than 30m2 - however don't see BC as an adversary -
generally they're interested in buildings being safe and are more of a
help than a hindrance. Whether you need your structure inspected or
not - you're still required to conform to the regs.

The only other potential issue is if you live in a Conservation Area.
Again informal enquiries to planning control will answer that.

Planned replacement garage near listed building...advice requiredplease
 

On 16 Apr, 15:10, " wrote:
It sound like you're free of planning constraints - however it may be
worth making a written enquiry to your local planning dept so that you
have written confirmation that it's not necessary.

Didn't I read in NGs about some legal "estoppel" that makes such
"written confirmation" worthless in law (i.e. should one ever need
it!)?

Jim

Planned replacement garage near listed building...advice requiredplease
 

Didn't I read in NGs about some legal "estoppel" that makes such
"written confirmation" worthless in law (i.e. should one ever need
it!)?

Sorry - no idea.

However you don't get regular newspaper headlines "Planning Dept
prosecute householder despite giving informal permission".

But you do (frequently) get "Planning Dept prosecute householder
without PP".

Planned replacement garage near listed building...advice required please
 

jim wrote:
We plan to demolish a decrepit flat-roofed double garage and some
smaller outbuildings and replace with a (better) larger garage with an
attached greenhouse all within the yard area of our *unlisted* house.
However our neighbour’s house *is listed*...

Reading "The Planning Game", (Dijksman 2007 Ed) - it appears I do not
need Planning Permission, as under PD rules, as long as:-

- the new structure is no nearer the highway than any existing part of
the house
(a bridleway runs adjacent to the house and yard so it's hard to see
how we could fall foul of that)

- no more than half the area of land around original house should be
covered
(the yard and garden come to more than enough to not fall foul here
either)

- the structure would be less than 4m ridge
(yes as currently envisaged)

(we plan to build the new structure no closer than 5m to existing
house to maintain PD rights)

So far would I be correct in my assumption that no PP is required as
long as above conditions are satisfied? Have I missed anything?

Does the presence of the Listed Building alter things? if so in what
way(s)?


Building Regs:-
As the garage is ultimately to be more than 30m2, if I understand
correctly, Building Regs come into it – is there any mileage in
building the thing in “less than 30m2” stages (garage 1, extend with
garage2, then add greenhouse)? Or any other “tricks of the trade” to
avoid BRegs?

You may need permission if the work affects the setting of a listed
building. The sensible thing is to go and talk to the local planning
department first. Other than that it is almost impossible to say without
seeing the site itself. Assuming everything else does come under permitted
rights then if you do need LB consnet then it does not cost anything.

Peter Crosland

Planned replacement garage near listed building...advice requiredplease
 

jim wrote:
On 16 Apr, 15:10, " wrote:

It sound like you're free of planning constraints - however it may be
worth making a written enquiry to your local planning dept so that you
have written confirmation that it's not necessary.

Didn't I read in NGs about some legal "estoppel" that makes such
"written confirmation" worthless in law (i.e. should one ever need
it!)?

I'm certainly not a lawyer, but my understanding of promissory estoppel
from a law course way back when would if anything be the other way
round. If something would normally apply, but they tell you (even
"unofficially") that you can ignore it, then you're entitled to rely on
that.

I don't remember it being that simple when I was being taught it, so
there's probably much more that I've forgotten.

Pete

Planned replacement garage near listed building...advice requiredplease
 

jim wrote:
We plan to demolish a decrepit flat-roofed double garage and some
smaller outbuildings and replace with a (better) larger garage with an
attached greenhouse all within the yard area of our *unlisted* house.

snip

Building Regs:-
As the garage is ultimately to be more than 30m2, if I understand
correctly, Building Regs come into it – is there any mileage in
building the thing in “less than 30m2” stages (garage 1, extend with
garage2, then add greenhouse)? Or any other “tricks of the trade” to
avoid BRegs?



My understanding is that if extending a building takes it over 30m2,
building regs apply to the extension, and possibly to some aspects of
the original structure. Oddly, there appears to be no minimum
separation between 30m2 buildings, as long as they are structurally
separate. There is an area range (15-30m2 iirc) in which the building
must be 1m from the property boundary to avoid potentially onerous fire
resistance requirements. These areas are internal floor area, so if you
happen to stray a little over you could always put a false wall inside
if visited - "for some insulation".



--
Kevin Poole
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