My poor shed:-(

JakeTheFish

Hi All,


I build a large shed in my garden, which I thought was exempt from planning permission. It turned out to be too big and after a long battle with the council, they issued legal proceedings against me. It was getting close to seven years when they issued proceedings against me and the case has been delayed a few times and hasn't gone to trial yet. At this stage the shed has been in place for more than seven years. Can they still knock my shed down?


Jake

helimachoptor

get a solicitor..

DOCARCH

Once they initiate legal proceedings within the statutory period, they are o.k./covered.

How big is too big?

Once you found out the shed was too big, did you consider doing anything about it?

Have you applied for planning permission for retention?

100gSoma

I think getting a solicitor ASAP is the way to go... I did find this through google. though.

Planning Myth #3 – If it’s up more than 7 years you don’t need planning permission

Where does this come from?

The Planning and Development Act 2000 includes what is called a Statute of Limitations on enforcement orders.

This Statute of Limitations means that if you don’t have planning permission the state has a maximum of 7 years to issue enforcement from when you have started the development.

Below is the xact text from the Act:

(6) (a) An application to the High Court or Circuit Court for an order under this section shall not be made—

(i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, or

(ii) in respect of a development for which permission has been granted under Part III, after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40 ) or, as the case may be, of the appropriate period as extended under section 42 .

It does not mean that you have been automatically been granted planning permission if you can manage to keep it quiet for 7 years!

What effectively does this mean?

1. You won’t be able to sell your property as a solicitor will be looking for the correct title on the property which includes a compliance with planning permission certificate. I was asked to do such a certificate for a property constructed in the 1970’s and it was patently clear that the property did not comply with its original planning permission. The sale was held up by the solicitor until a retention planning permission was granted; which incidentally is not a foregone conclusion.

2. You will not be able to make another planning permission until the problem is sorted; ie with a retention planning permission – again not a given.

Other problems beyond the scope of this post also exist.

So in summary, the state (through the council) cannot issue enforcement proceedings but your project is still unauthorised development and is effectively worthless until the matter is rectified.

Disclaimer:

All advice online is remote from the situation and cannot be relied upon as a defence or support – in and of itself – should legal action be taken. Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

from http://markstephensarchitects.com/2013/03/19/planning-myth-3-if-its-up-more-than-7-years-you-dont-need-planning-permission-ccferrie-mentioned/

100gSoma

Also just realised you said it was "getting close to 7 years". That is not more than 7 years, so it sounds like the council have started proceedings within the 7 year period so it will be knocked.

Larbre34

JakeTheFish wrote: »

Can they still knock my shed down?

They won't, but they'll watch you doing it.

Sorry, but people taking the p1ss with extensions/conversions/temporary structures and pleading ignorance is a bit of a disease in this country. Not that I think you should be picked on, all similar unauthorised development should get the same treatment.

seamus

100gSoma wrote: »

1. You won’t be able to sell your property as a solicitor will be looking for the correct title on the property which includes a compliance with planning permission certificate. I was asked to do such a certificate for a property constructed in the 1970’s and it was patently clear that the property did not comply with its original planning permission. The sale was held up by the solicitor until a retention planning permission was granted; which incidentally is not a foregone conclusion.

Strictly speaking solicitors cannot "block" a sale. A purchaser's solicitor can advise a purchaser that proceeding without proper documents is a really bad idea, but if the purchaser wishes to proceed the solicitor is obliged to act on that instruction. A solicitor does not have the power to override their client and block a sale from closing.

A bank may block a purchase though because you will not be able to draw down without confirmation from the solicitor that the above documents are in place.

So if you build something without PP, you're hoping that you manage to find a purchaser who is both a cash buyer and doesn't care if there are planning issues on the property.

2. You will not be able to make another planning permission until the problem is sorted; ie with a retention planning permission – again not a given.

As I understand it, this only applies to modifications to the unauthorised building. If you want to make changes which do not affect the unauthorised building (e.g. an extension), then you don't need to resolve the other planning issue first.
I may be mistaken though.

OP, get yourself a solicitor and listen to their advice. Assuming all of your avenues with the council have been exhausted, then it may work out cheaper in the long run to just knock the shed (or reduce its size) and hope that the council drop the court case.

Tow

As before, what size is the shed and in addition how much garden is left over?

I have seen DLR playing silly buggers using external rather than internal measurements. I any event the owner just built a new side wall and removed the existing wall and roof over that section.

Hollister11

I think its ridiculous you can't build what you want on your property.

schemingbohemia

Hollister11 wrote: »

I think its ridiculous you can't build what you want on your property.

Care to follow that thought through.......towers of babel overlooking cottages etc

seamus

Yes, I want to put up a 160 foot penis in my back garden. Who are the government to tell me I can't?!

Strolling Bones

Hollister11 wrote: »

I think its ridiculous you can't build what you want on your property.

And what about your neighbour.Can he build what ever he wants.

sydthebeat

Hollister11 wrote: »

I think its ridiculous you can't build what you want on your property.

ill build a methadone clinic / halting site next to you... whats your address again?