LDC for a Garage - Planning Portal question has me stumped

[phykell]

Hi,

 

I don't know if anyone can help with this but I'm trying to use the planning portal to apply for a certificate of lawfulness for a garage/garden office/pool room. I'm on the last question regarding the fee calculation and I can't seem to find a suitable option - the question (and available options) is attached as an image.
 

I'm thinking it should be the "Other/The errection of buildings e.g. commercial, community, charity, residential (not dwellinghouses, agricultural or glasshouses)" but it's not exactly a great choice.

Any ideas?

Thanks for looking

[kandgmitchell]

I'd stick to residential (dwelling houses) and enlargement, improvement or alterations as an LDC should be half the normal flat rate fee (so £103 now I think) . If you go off into "other" it'll be complicated as the fees are worked out differently. Ultimately the Council will check the fee and query/refund if it's wrong.

[Alan Ambrose]

Not minerals or car parks?

[saveasteading]

17 minutes ago, kandgmitchell said:

stick to residential (dwelling houses) and enlargement, 

Agreed. It is ancillary to the house.

They'll tell you if they don't agree.

[DevilDamo]

Is this outbuilding ancillary or within the curtilage of a dwelling? If so, select the first option and the fee will be £103.00 + £64.00.

[phykell]

Thanks all - I've applied for it now and paid £167 - crossing my fingers as the alternative was around £800!

[kandgmitchell]

That sounds right - the planning portal handling charge is going up all the time and adds a hefty chunk onto the smaller statutory fees.

[DevilDamo]

21 hours ago, kandgmitchell said:

That sounds right - the planning portal handling charge is going up all the time and adds a hefty chunk onto the smaller statutory fees.

Not to mention the Planning application fees will be increasing from tomorrow.

[phykell]

Sorry I missed the replies but yes, I was just within the time frame and I completely agree about the ever-increasing charges.

 

The application was validated on the 19th December last year and I'm still waiting for a decision, even though the determination deadline was the 13th February (the council didn't request an extension). I have to keep reminding myself that it's only for lawful development certification rather than full planning - no neighbours need to be consulted, no surveys to read, no external consultants required, etc. but wait...

The latest information I have is that the council are consulting their legal team over whether they're satisfied that the outbuilding is “incidental” to the enjoyment of the main dwelling, citing 1989 case law [Emin v Secretary of State for the Environment and Mid-Sussex District Council (1989)]. Probably worthy of a separate thread but here's a relevant quote:

The Court has acknowledged that the fact that such a building “has to be required for a purpose associated with the enjoyment of a dwelling house cannot rest solely on the unrestrained whim of him who dwells there but connotes some sense of reasonableness in all the circumstances of the particular case”.

The outbuilding will consist of a three-bay garage and poolhouse which will also include a shower, pool plant room and an area for the solar PV system's equipment, batteries, etc. All of these items are of course "incidental" rather than ancillary and the shower (arguably ancillary) is subservient to the pool.