Is Planning Permission required for mere reinstatement?

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    Is Planning Permission required for mere reinstatement?

    Hi,

    A quick question.

    My mother owns a garage in a block of 7. Three of the garages were damaged last year and require complete reinstatement. We've had a battle with insurers which we have come through however now the adjusters are saying that planning permission is needed.

    Now the replacement garages will have the same foot print and the same height. The materials used should be the same (pre cast concrete) unless they chose to use brick etc..

    I am wondering if what we are being told by the Loss Adjuster is correct - that planning is needed. I can't see why. The garages have been there since the 70's and it should be a like for like replacement.

    Would the materials used perhaps trigger a planning requirement?

    I would appreciate any advice anyone may be able to give. Oh, if it helps the local council is North Tyneside Council - just in case that makes a difference.

    Thanks again for the help. I am quickly becoming addicted to this site!

    Ami

    #2
    Demolition (except house) and reconstruction do not usually need Planning Permission.
    Is the land perhaps in a Conservation Area, SSSI, or some other location where non-standard rules might affect it?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Mmmm, unsure, never thought of that. Will look into.

      Thanks for the pointers.

      Ami

      Comment


        #4
        Originally posted by amifroms View Post
        Mmmm, unsure, never thought of that. Will look into.

        Thanks for the pointers.

        Ami
        Anyway, it's not up to a Loss Adjustor to decide whether or not P/P is required. That's a Local Planning Authority matter- so, if all else fails, ask North Tyneside Borough Council's Planning Department.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Seeing as though a partial demolition was involved (only 3 of the garages) and you replaced the materials with the same then I cannot see that PP would be needed.

          If you replaced with different materials the Council could hold that the external appearance was altered and thus that development was involved.

          I would present them with before and after photos and take it from there. Maybe get planning consultant help if the situation worsens...

          Good luck!!

          PETER

          Comment


            #6
            We start with the requirement that planning permission is needed for development; see section 57 of the Town and County Planning Act 1990. "Development" is defined in section 55(1) as follows:

            Subject to the following provisions of this section, in this Act, except where the context otherwise requires, “development,” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

            The meaning of "building operations" is set out in section 55(1A):

            For the purposes of this Act “building operations” includes—
            (a)demolition of buildings;
            (b)rebuilding;
            (c)structural alterations of or additions to buildings; and
            (d)other operations normally undertaken by a person carrying on business as a builder.


            Just taking the above wording it would seem that permission is required in your case.

            However, you can go on and look to see if you are one of the exceptions set out in the remaining sub-sections of section 55 which you can find here: http://www.statutelaw.gov.uk/content...filesize=20318

            If you are not covered by one of the exceptions you can go on to consider whether you are covered by a General Development Order; as to that I have no idea.

            Faced with conflicting opinions or when in doubt, the sensible course is to refer to your local planning authority. Whatever they tell you will probably be right, but even if they are wrong you have to persuade them they are, and so it is usually easier to apply for permission if the planning authority says it is needed.

            Comment


              #7
              Easing of Planning Regulations

              Does anyone know if the easing of planning restrictions on extensions and loft conversions from 1 October 2008 also applies to loft conversions or extensions in houses that have already been converted to flats (ie those that would not normally still have any permitted development rights), or only to unconverted houses?

              Comment


                #8
                Originally posted by amifroms View Post
                Hi,

                A quick question.

                My mother owns a garage in a block of 7. Three of the garages were damaged last year and require complete reinstatement. We've had a battle with insurers which we have come through however now the adjusters are saying that planning permission is needed.

                Now the replacement garages will have the same foot print and the same height. The materials used should be the same (pre cast concrete) unless they chose to use brick etc..

                I am wondering if what we are being told by the Loss Adjuster is correct - that planning is needed. I can't see why. The garages have been there since the 70's and it should be a like for like replacement.

                Would the materials used perhaps trigger a planning requirement?

                I would appreciate any advice anyone may be able to give. Oh, if it helps the local council is North Tyneside Council - just in case that makes a difference.

                Thanks again for the help. I am quickly becoming addicted to this site!

                Ami
                Had a very similar situation ....wanted to replace a concrete sectional garage with a proper block built one .....called planning dept who advised me that if same size and height then P not required ...didnteven ask me what roof i was proposing to put on it !


                basically "replacing existing structure " so no issues ....

                that was 5 yrs ago ...no problems , q's or visits............ yet !


                The Rodent
                A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                W.Churchill

                Comment


                  #9
                  Originally posted by Rodent1 View Post
                  Had a very similar situation ....wanted to replace a concrete sectional garage with a proper block built one .....called planning dept who advised me that if same size and height then P not required ...didnteven ask me what roof i was proposing to put on it !


                  basically "replacing existing structure " so no issues ....

                  that was 5 yrs ago ...no problems , q's or visits............ yet !


                  The Rodent
                  If the garage was in the curtilage of your dwelling it may have been covered by a GDO. In this case we are talking about a separate block of garages and the rules may be different.

                  No rules can cover every possible situation and there are always going to be cases where there is doubt. If in doubt ask your local planning office. It can save a lot of time and trouble.

                  Comment


                    #10
                    Originally posted by Lawcruncher View Post
                    If the garage was in the curtilage of your dwelling it may have been covered by a GDO. In this case we are talking about a separate block of garages and the rules may be different.

                    No rules can cover every possible situation and there are always going to be cases where there is doubt. If in doubt ask your local planning office. It can save a lot of time and trouble.


                    fair comment LC!

                    The Rodent
                    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                    W.Churchill

                    Comment

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