Previous owned ignored planning approval condition - 4yr or 10yr rule?!!

[hoopyloopy2]

The previous owner of our house was supposed to knock down the large garage as a condition of being granted planning approval in 2009 for extending the house upwards as a chalet bungalow. But he didn’t comply & garage is still standing!

We’re on green belt land so it’s all quite strict. Unusual case too as house was built originally as a teeny tiny bungalow on a large 1/3 acre plot and has been extended 3 times in last 40yrs - 2 small extensions years before previous owner did his work.

We now want to apply for planning ourselves for a very small side return extension on ground floor, as part of plan to reconfigure the interior. Would be a bit of a long shot with the council given the green belt & previous history, but it’s total dead space that would make a real difference to usability. Others in our road have received planning permission for larger extensions in the past so we think it’s worth a shot.

Key worry though is they tell us to demolish garage given it was supposed to have gone 9 years ago! I have read about the 4 year & 10 year rules on planning enforcement but not which of these might apply here .

Any similar experiences or advice out there?!!

Sorry title should read previous owner

I would think, even if ten years have elapsed - if that is indeed the rule - then demolishing the garage could be made a condition of any planning permission granted to you.

Thanks - yes I guess that’s fairly likely. Wouldn’t stop us trying though I don’t think, unless we felt they could force us to take down the garage regardless.

To answer your specific question: the 4 year rule will apply in this case.

It's 4 years for unauthorised development, 10 years for unauthorised land use.

So if you build (or retain, without authorisation, in this instance) a domestic outbuilding on land that has a legitimate residential land use, if it's been there for 4 years it becomes established.

If, for example, you had changed the use of some land (let's say you had taken part of an agricultural field and turned it into domestic garden), then it would be 10 years.

If you wish to regularise the situation, you can apply to the Local Authority for a 'Certificate of Lawful Development', where you proved that the breach of Planning has been continuous for the requisite period (easy in your case, I'd have thought), and the Local Authority legally acknowledges that and provides you with a certificate to say that the building is now lawful.

Thank you for that, sounds promising!