Planning permission for continued use of a site container

[Bitpipe]

We have an interesting solution. Our house was largely completed last summer and we moved in once all services were live, we continue to do bits and pieces internally but the majority of the outstanding work is external landscaping, which has commenced but has a few months left to run.

 

At the start of the build process, we situated a 15ft shipping container - site office combo at the front of our property. It sits behind a large hedge and is not visible from the street apart from when approaching our house (where you can see the doors). We live in a cul-de-sac so no passing traffic but we do have pedestrians and cyclists. We did not explicitly request PP for that (or the caravan that we lived in).

 

Anyway, I've been working up to getting shot of it now as it's essentially empty and I had agreed a sale with another self builder but unfortunately that has just fallen through. A neighbour has obviously complained to the LA as I received a letter back in June from planning enforcement 'encouraging' me to get rid of it as works were complete. I wrote back saying that we still had outstanding work to complete (landscaping) and that it was still in use for storage of build materials & contractor tools plus welfare, setting the expectation that we'd be done by August.

 

There have been some delays and the contractor is not back until start of October. Enforcement have been onto me again, I've updated them on the schedule, and now they're coming out for another look - there are mutterings of needing planning permission for it now, which seems odd to me.

 

In my view, I'm not finished the build so this is still a building site and it's required, but I have no idea of where I stand legally.

 

Honestly, I'm happy to get shot of it and it will be going on eBay / Gumtree asap but I don't want to have to fire-sale it because I have planning breathing down my neck.

 

Any suggestions?

[ProDave]

I am guessing that where it is it would not qualify a a permitted development garden building?

 

We had a slightly similar situation with our static caravan, but it is located in a position where it would qualify as a permitted development garden building.

 

Initially our PP granted temporary permission for the static 'van. That was until I made the point to the planning officer that I wanted to keep it as a workshop and studio, and pointed out that on the day of completion I could remove it from the site, then immediately replace it with an identical 'van in an identical position and it would legally be a permitted development garden building.  Faced with that reasoning, they changed the PP to "residential use of the caravan will cease within 1 month of occupation of the new house" so it can remain as my intended use a a work space.

[Jeremy Harris]

I would guess that it doesn't meet PD, as it's in front of the house, hence the enforcement officer's involvement.

 

I think the main problem is that when a house is complete, in terms of being inhabited and council tax being paid, then the planners assume that the build is officially completed, so there is no longer any justification for build-related stuff on site.

 

I'm not sure that there is a way around this problem, short of appealing to the better nature of the planning person.  Enforcement action usually  takes a long time, and I think you can appeal against it to, to drag it out further, and the enforcement officer will know this, and that may give you some bargaining power.  Perhaps proving to them that you're actively trying to sell it and have had a sale fall through, might swing things enough to give you a bit more time?

[Temp]

Google found this case... 

 

http://www.thenorthernecho.co.uk/news/15368589._Ludicrous__twist_in_father_s_four_year_garage_battle_sees_approval_for_replacement_shipping_container/

 

Quote

A FATHER-OF-FOUR who was ordered to pull down a garage he built without planning permission has been left bemused after being told a shipping container he replaced it with is acceptable. Durham County Council condemned the pre-fab pebble dashed garage Trevor Stephenson assembled in his garden - saying it was harmful to the character and appearance of the area. But the 39-year-old, of

Barnard Castle, got round the planning rules by instead installing the green shipping container - which the council says can stay.

 

They originally told him the container would need PP according to a report a month earlier..

http://metro.co.uk/2017/05/18/man-puts-passive-aggressive-shipping-container-in-his-front-yard-6645350/

 

 

 

Edited September 14, 2017 by Temp

[ToughButterCup]

Right. Bloody right...... 

 

Do what my next door 'neighbour' does and ignore, lie, obfuscate, delay, lie some more, dawdle, erect a barrier that even a 16 tonner  (digger) would not be able to jump, buy some humongous stones from the quarry, dump them in the drive to make the place look like a blast-protection zone. Make sure anyone approaching is warned off by dogs and geese.

 

And continue to live in peace and perfect harmony with himself. 

[Jeremy Harris]

Don't you just love the perverse nature of our planning laws?

 

We've had promises from central government to try and simplify and streamline the planning process, but it seems that nothing changes.  Daft and illogical rules are applied willy nilly. It's quite clear that some can effectively "buy" planning permission for anything, whereas others won't get approval no matter what, just because their face doesn't fit.

 

Whilst I have some admiration for those that cock a snook at the illogical way planning works, like that chap with his garage and shipping container, I can't help thinking that local authorities and applicants could save a great deal of money if we had a clear and unambiguous planning system, completely free from personal and political prejudice.

 

Trouble is, there are far too many vested interests in maintaining the system as it is, so that it can be exploited by those that know how to do so, and who make a living from doing just that..................

Edited September 14, 2017 by JSHarris

[jack]

What a load of cack. Welcome them onto your property, explain the situation, and see what they say. If they talk about enforcement, tell them to have at it but they're wasting their time and money given it's on the way out anyway.

[Bitpipe]

1 minute ago, jack said:

What a load of cack. Welcome them onto your property, explain the situation, and see what they say. If they talk about enforcement, tell them to have at it but they're wasting their time and money given it's on the way out anyway.

 

Coming in the morning, I suspect they want to ensure that I'm not using it to store my own stuff - just cleared it out this afternoon and as soon as I get some decent photos will stick it on eBay.

[Jeremy Harris]

I reckon that showing them that it's genuinely up for sale, perhaps with something to show that you've had one sale fall though, hence the delay, might swing it.  Good luck, and let's hope that, tomorrow being Friday, the enforcement officer is winding down for the weekend!

[Bitpipe]

5 hours ago, JSHarris said:

I reckon that showing them that it's genuinely up for sale, perhaps with something to show that you've had one sale fall though, hence the delay, might swing it.  Good luck, and let's hope that, tomorrow being Friday, the enforcement officer is winding down for the weekend!

 

Hope so. Sometimes when the wind catches the container door it slams shut and can jam, takes a while to get open again. Would be terrible to be inside when that happens  

[Ferdinand]

Is this something you can disarm by moving it 1m or 2m so proving it to be portable, as some do with advertising signs and fields shelters on sleds for horses?

 

On the slamming door, what about a knocked in post, a nail/screw, and a bungie cord?

 

Ferdinand

 

 

[Stones]

The legislation in relation to enforcement refers to (building) operations being substantially completed, which is the stage @Bitpipe appears to be at.

[Bitpipe]

Enforcement guy came, all very reasonable. As Stones says, we're past the substantially completed stage so it needs to move or go.

 

We've agreed 28 days initially, will stick on Ebay / Gumtree this weekend.

 

Alternative  agreement is to move to the side of the house (where there is room) and as long as it sits just behind the build line it qualifies as PD.

 

When empty, they are not that difficult to drag about with a machine so may get the landscaper to do that when he's back on site in a few weeks if there's been no interest. Can't say the neighbour on that side will be happy, but then again I suspect he's the one who complained.....