Hi Everyone. Looking for some help of it’s not too much trouble.
I wanted to build a detached garage so I went down the normal planning permission routes. It was denied twice after varying many things to try to contrive to the LPA reasons for refusal, we decided to appeal and this was also knocked back for a few new reasons, mostly because they didn’t think it would fit in with the street scene and would be detrimental to the existing rhythm of the area. I know they do not see precedent as an arguable case but it does a seem grossly unfair when at least 4 or 5 others have done very similar to what I want to do, and have either been allowed to do so in the way or getting planning permission or they have gone ahead and done it anyway without permission and without consequence. It seems that by the very nature of doing things by the book properly, I have inadvertently made a rod for my own back. With lots of suggestions that I should have just done it and hoped that 4 years would have passed before the LPA caught on, I’m beginning to think this may have been the best option. Sad but true.
in any case I decided to modify what I wanted to build yet again and conform to permitted development rules to build my garage. I meticulously read and re-read every piece of legislation relating to permitted development and I have made sure it complies to every aspect. However, I have had a visit from a local planning enforcement officer who explained that the LPA will be issuing me with an enforcement notice and they have already sent me a request for information under section 330 of the town and county planning act. The reason for the enforcement is because there was a planning condition on the original permission for the development of my estate which basically does not allow development without prior consent in the green hatched area on the proposed estate layout plan which was approved some 60 years ago. My garage does indeed fall within that area.
But, I do not believe it is that simple, the problem therein lies with the plan itself. There was a proposed layout plan for my estate which has the green hatched area which was drafted before the planning permission was granted (around 3 months looking at the dates) but this plan in incorrect. There are many houses missing, moved and new ones which didn’t not appear on the original proposed layout plan, as well as grassed areas and garage blocks moved, removed and/or reconfigured. This means the green hatched area can not be wholly enforced to everyone on the estate as the plan is incorrect, so I would feel that imposing it on me, when it could not be imposed on my neighbour behind me, or indeed my neighbour across from me (because his house doesn’t even appear on the plan) is discriminatory at best. There was also second plan, which is grouped in within the same application which dates a year after the first one but has the same reference number and was drawn before building works commenced. Is it entitled “layout plan” rather than “proposed layout plan” and is wholly correct fo what resides on the land to date, but critically does not have any green hatched area at all!
If I receive an enforcement notice would it be feasible to appeal on the basis that the original condition should be voided as it is unenforceable or am I flogging a dead horse here? Does anyone have experience with this kind of issue.
I will of course be seeking professional and legal advice if and when I do receive an enforcement notice, any suggestions of a skilled planning lawyer would be greatly appreciated.
Thankyou to this who took the time to read through.
Tom.