Re-instating a plot to original

[RichS]

Bit of a strange question this but here goes.

On my plot, which is basically my garden, I demolished a large double garage to enable the footprint of the planned design. It took me a few years to get PP but eventually I got there.

Now the goalposts have moved, and although the slab is down for the new build I am aborting the build, this is probably the last possible chance I would have to do this before it had gone too far.

Can I reinstate the site to as it was prior to demolition, luckily the new garage sits more or less exactly where the original one was (that had planning permission some 30 years ago) and so I can utilise the new slab, or do I have to start going through a change of planning application.

All and any advice appreciated.

[Ferdinand]

I am short of time today as am on a course, so no time for a Planning-Speculation session , but It seems unnecessary to me to give up the PP.

 

I think I would get documentation that development has started in accordance with the PP ie Certificate of Lawful Development,. That gives you or your children the right to continue to build the house in the future. Then build your garage as you are suggesting a bit later.

 

It is a fairly normal nothing to put in foundations for the future, then bury them, to lock in a PP. Councils may not be delighted but I do not think there is much that they can currently do about it. I do not see this as much different.

 

One potential fly in the ointment is if they try to enforce on the new interim garage, but that is probably unlikely as it would not be expedient and could turn into a paperwork mud-wrestle at much cost in Planner-time. I do not know what the outcome would be should they try, but it could potentially be one for a conversation with either Planning Aid or informally with a Planning Officer.

 

The extant and valid PP would be a significant value and selling point. You would need the docs to prove it, though. Beware the Council purging it’s files in x years’ time, and saying Dunno Guv. I think an FOI for your planning file and decision notice might be a good way of keeping proof in the system as well as in your files, perhaps even via the WhatDoTheyKnow service which will archive it online.

 

I think that if you choose to walk away from the PP as if it never happened, you mayl need planning and or B/Regs approval for a garage development as if you were applying in the situations as it is now, unless it is possible under Permitted Development? The less expensive way to take that route may be via an application to vary your current PP or an Amendment to it, though a full new PP should be possible.

 

Some neighbour-nurdling might be useful just to keep then happy and / or slightly informed of not particularly happy.

 

Ferdinand

 

Edited April 19, 2018 by Ferdinand

[RichS]

Thanks for the reply @Ferdinand

I have just been to the council offices and had a chat with someone from Planning.

If I choose to abort the build under the existing permission then I will have to re-submit a new Planning Application to rebuild a garage the same as the one I demolished 6 months ago and which I had Planning Permission for back in 1987. The fact that it has had a garage on the plot since then doesn't come into it apparently.

What a complete and utter cock up!!!!!!!!!!!!!

[Mr Punter]

Why not just build the newly consented garage, thus locking in the consent?

[Nickfromwales]

24 minutes ago, Mr Punter said:

Why not just build the newly consented garage, thus locking in the consent?

Don't say it's abandoned, just build the garage and simply "press pause"?

[RichS]

Thanks chaps.

The problem with that is I will have to remove half of the slab to re-instate to garden, otherwise I would have a large garage with a large concrete slab attached to the side of it. Not the most aesthetically pleasing view.

[RichS]

Another point would be that the garage was integral and underneath the master bedroom. Could be a bit of a give away if it's suddenly detached with a flat roof.

[Mr Punter]

You can build a garage under PD rights (if you have them) without the need for planning permission.