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Possible unauthorised development notice


craikhill

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I have been advised an enforcement officer wants to "clarify" the situation with a visit regarding the building erected in my back garden.
Brief background. I had a garage in the back garden when I bought my house in 1997 (timber frame & asbestos sides and roof) this was taken down circa 2007 due to it deteriorating and in 2017 I rebuilt it using single skin concrete blocks.
I'm not sure as to why they want to visit(other than a sticky beak neighbour) but I was looking for any help if anyone had had a similar experience. It is on the existing concrete base and is more 2 metres from my house. Any ideas please?

20220701_200951.jpg

20220701_201009.jpg

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Google Earth will prove the previous iteration of the building. That will make it easy for the visiting inspector. That, and no signs of habitation.

 

Just in case you don't know, click on the year and a box should appear showing a list of years, then click for multiple aerial views, sometimes back to Luftwaffe pictures.

 

The officer should of course have done this already.

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9 hours ago, craikhill said:

I hope it is as simple as that !   How anyone in authority has seen it is beyond me !  I'm closed in 3 sides and it's not visible from the street at the front of the house !!

 

Definitely a neighbour, nobody in local authority has the time or inclination to look in everyone’s back yard!

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This is very common situation. A neighbour complains and the planners feel obliged to check all the paperwork is in order. They call it regularising the paperwork.

 

If you took the original down in 2007 and built the new one in 2017 they will probably argue the new one isn't a replacement and that you needed to meet Permitted Development rules or make planning application in 2017.  How tall is it? Its possible it may not meet Permitted Development rules so a planning application might have been needed. They should be able to tell you this when they visit.

 

If it doesn't meet Permitted Development rules don't panic...

 

If its been finished for more than 4 years I think it's too late for them to take enforcement action. In which case you can Apply for a Certificate of Lawfulnes on the grounds that its too late to initiate enforcement action. 

 

Have proof of when it was finished ready for their visit. Don't give them original documents give them copies. Good evidence might included..

 

  • Images from Google Street view/Google Earth with dates on.
  • Receipts or invoices from builders.
  • Bank statement showing payment to builder?
  • A letter from a third party confirming you finished it in 2017. 
  • Family photos taken back then? Ideally dated on the back. Picture of Granny who died in 2017/18 admiring your handiwork? 

 

If you can't prove it was finished more than 4 years ago ask about making a retrospective planning application.

Edited by Temp
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Do you need bother with retrospective planning application?
I built a 28 x 12 brick and tile extension to the back of my house without planning permission, when I sold the property 7 years later the buyers solicitor queried it, I said no planning permission but showed them evidence it was built 7 years previously and they were happy, didn’t suggest it was worth getting retrospective permission.

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I don't imagine the planner is looking for work.  If you can show that the replacement is no bigger then that should be ok.

Especially (though unlikely perhaps) if the old building was never completely removed, it is more like repair than replacement. 

 

It may be more about the use than the building itself, so get rid of the mattresses and personal effects of your tenants or slaves, and park some barrows and tools.

Seriously, if it is an office or  some such, or has plumbing,  they might not be happy.

 

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