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Would we be able to get Planning Permission

36 replies

sasha100 · 15/12/2023 14:19

We brought a property earlier this year. The previous owners have done a lot of work to the house and one of the major changes was moving the garage that was attached to the house to the front of the house. It has been used as a gym

The original plans was for the garage to have a flat roof but the previous owners had a 2.5m pitched roof instead. A council inspector came round and reported the garage as it also shouldn't have had patio doors and was slightly longer,

We filed the minor amendment to the planning permission but this was refused on the basis of the pitched roof (it seems the patio doors and size was fine) and they said we have to go through a full planning application

Please note the garage is away from both neighbours so not blocking any light and it cannot be seen from the front (or road side) as is covered by trees. We use the garage as a gym. No one has complained.

We are concerned that we may have to change the roof from pitch to flat. I wondered if anyone has gone through this process and the likelihood of success especially considering we were not the owners at the time the garage was built.

OP posts:
sasha100 · 28/12/2023 00:19

DingDongBella · 19/12/2023 20:51

I was assuming the only deviation from the permission given was the type of roof. Did they build it in entirely the wrong place too?

No it was in the right place just around 20cm too long too.

OP posts:
sasha100 · 28/12/2023 00:21

olderbutwiser · 20/12/2023 09:41

Your conveyancers should have picked this up - I’d certainly consider going back to them as they may be liable for your costs if they missed it.

I think the seller could be liable as they should have mentioned any breaches in the Property Information form. No way the solicitor could have picked this up.

OP posts:
Wid · 18/03/2024 13:33

Hi @sasha100
Just wondering if you got planning permission?
Trying to console myself that retrospective planning permission is possible! I’m trying to sell my dad’s bungalow who passed away 16 months ago. 3 years ago his flat garage roof blew off and he replaced it with a pitched roof. The council is now asking me to submit a planning application.

Seeline · 18/03/2024 13:41

Retrospective PP is definitely possible. The application will be determined in the same way as an application for a proposed development.
If no-one complained when the roof was replaced, I can't imagine that it has had a bad impact on neighbours or the appearance of the area which would be the main concerns.

NewFriendlyLadybird · 18/03/2024 13:53

LIZS · 18/12/2023 19:12

If vendor said it was in accordance with pp they would not physically check though.

Wouldn’t they? I hope my conveyancing solicitors would. Vendors could say any old thing!

Wid · 18/03/2024 13:54

@Seeline thank you.

No one complained at the time and it definitely looks much better.
Unfortunately dad’s bungalow has been empty since he died and I wasn’t aware that the guttering was leaking into a neighbour’s garden. The neighbour reported this to the council who came to inspect and realised that the pitched roof is 3.4m high and the max height allowed is 2.5m if the garage is within 2m of the boundary. Dad would never have done anything to upset his neighbours.

CrotchetyQuaver · 18/03/2024 14:56

Peekingovertheparapet · 18/12/2023 19:00

You will need to apply for retrospective planning permission and one of two things will happen…

either permission will be granted and you can forget all about it.

or an enforcement notice will be served and you will have to make alterations to the garage.

in the second scenario I would be seeking damages from the solicitor and/or the previous owner. A solicitor should definitely be checking/bringing to your attention what should have been built vs what was actually built.

This!

I can't believe your conveyancing solicitor didn't bring this up as a big red flag.

Wid · 18/03/2024 15:20

@CrotchetyQuaver
@NewFriendlyLadybird
Apologies, I’ve resurrected an old thread because I was keen to know how the OP got on.
I didn’t mean for it all to be debated again for the OP.

Lurkingandlearning · 18/03/2024 16:09

Why not just message them and ask

Wid · 18/03/2024 17:54

@Lurkingandlearning I didn’t know that was possible. I always thought unsolicited DMs were frowned upon.

sasha100 · 19/03/2024 14:02

Wid · 18/03/2024 15:20

@CrotchetyQuaver
@NewFriendlyLadybird
Apologies, I’ve resurrected an old thread because I was keen to know how the OP got on.
I didn’t mean for it all to be debated again for the OP.

Thanks for the message, Yes it went through without any issues at all

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