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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
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Housing - New Build: Do we have planning permission for 2 separate detached garages?

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      CommentAuthorted
    • CommentTimeApr 21st 2014 edited
     
    The LPA failed to include an enforceable demolition condition on the existing property (which they accept was built before 1963) when they issued planning consent for the new development.

    The owners have applied for an LDC on the basis that the old property has been a single dwelling for more than 4 years during which time the LPA have (presumably) not issued any enforcement notice. They supplied sufficient substantiating evidence for this.

    The old property was itself a lawful development (even if it had not been granted planning permission at the time) by virtue of the 1963 condition. Any material change of use between 1 July 1948 and 1963 would have been immune to any enforcement action.

    The LPA didn't have any choice other than to issue the LDC.
  2.  
    Thanks Ted. It's just a bit strange, as the lawfulness of the original dwelling didn't seems to have been in question. But I suppose the LPA would be looking for any possible reason to enforce demolition.

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