Planning Permission Archives

Jun 12

Do I need Planning Permission for my boat?

I am considering buying a boat, but the only place I can keep it during the winter months is in the front garden in full view of the neighbours. Will I need Planning Permission for this?

The first thing you need to establish is whether your property is subject to any restrictive covenant preventing you from placing or storing a boat on your property. Many properties are subject to covenants or restrictions preventing the storing of anything other than domestic vehicles on their properties.

Planning Permission is not mandatory in such circumstances, but you will be well advised to check with the local authority planning department first in order to ensure there is no objection. If you can fence around the area where the boat will be stored then this very often helps in appeasing the neighbours, who can see that you are making efforts to consider them by screening what many may regard as an eyesore.

As with all potential planning related issues it would be courteous to discuss this with your neighbours to establish that they have no objection to your storing the boat on your property. Even if there was a restriction on the title preventing you from doing so, it is less likely to be enforced if you have the support and backing of your neighbours. After all, breaches of covenant are often raised directly as a result of objections received from neighbours who are often subject to similar restrictions.

Dec 6

If I sell off part of my land, can I dictate its use?

I intend to sell a corner plot of land in the garden of my home in Carmarthen for building, but I do not want any buyer to build a property higher than single storey so as not to spoil my view. Is there anyway I can ensure that this happens?

If you are selling off part of your land on which your purchaser intends to build a dwelling, or if the piece of land is sold with the benefit of Planning Permission for a single dwelling, then you are in a position to dictate those restrictions, or covenants, which will forever bind the use of the land to be sold.

As in large developments, the Transfer to the Purchaser will contain restrictions, or covenants, together with the usual rights over, and reservations in favour of, your Retained Land. The fact that you will continue to live immediately next to the new building, or building plot, emphasises the importance of your ensuring that these restrictions, while not too onerous so as to render the plot unattractive, will ensure that the type of development which takes place is controlled and subject to your strict criteria.

Covenants will usually include restrictions on its use as a single private dwelling house, no business use, a restriction on its height, the maintenance of boundaries and criticlly the need to obtain your consent in the event of the building being altered in any way in the future.

You must ensure that you are clear as to what restrictions you wish to impose before the plot is sold so they are made clear to your lawyer who can incorporate these into the transfer document and ensure that any prospective purchaser is aware of these from the outset.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Sep 16

Do I need planning permission to replace my house’s brick built extension with a conservatory?

We are currently carrying out a lot of work on our house and want to demolish the single storey brick built extension to the side of the property replacing it with a conservatory. Do I have to get Planning Permission to do this?

In most cases you will not need to apply for Planning Permission to knock down your house/business premises or any of its outbuildings unless the Council has made an Article 4 Direction restricting the demolition or alterations you could normally carry out under Permitted Development rules.

If you decide to demolish a building it does not automatically follow that you will get Planning Permission to build any replacement structure or to change the use of the site. Where demolition of any kind of a residential property is proposed, the Council may wish to agree the details of how you intend to carry out the demolition and how you propose to restore the site afterwards.

Adding a conservatory to your house is considered to be Permitted Development not needing an application for Planning Permission subject to certain limits and conditions.

Demolition is dealt with under the Building Act 1984 and generally requires six weeks’ notice to be given to the Local Authority Building Control before demolition begins.

Nov 16

Can I sell off a garden plot for development?

I live in a large house with extensive gardens and am thinking of selling off part of it for building. Can I approach a developer to do this, or would I have to apply to the Local Authority myself and then sell the plot with planning permission?

You have various options, but the most important point to bear in mind is that the plot with the benefit of planning permission is going to be more valuable.

It is usually the case that the seller obtains his own planning consent for the plot and then offers it for sale with the benefit of such consent. Alternatively, you could sell the plot without the benefit of planning permission, with the land being worth less accordingly, and leave it to the developer, or purchaser, to make his, or their, own application for planning consent.

A third option, which is increasingly attractive to developers, is an Option to Purchase. This enables a developer to secure an Option to Purchase the property which is exercisable once planning permission has been obtained.

This gives the developer a certain period of time, say six to 12 months, in which to secure appropriate planning consent for the site at which time the developer or buyer then exercises the option to purchase the land at a previously agreed price.

This provides the buyer with the security in the knowledge that once planning consent has been obtained there is a binding agreement. For the seller, it provides comfort in the knowledge that, at an agreed price, the land will be sold once suitable consent has been obtained – subject, of course, to the time limits imposed by the Option Agreement.

Provided you secure the price you are seeking to achieve for the plot, it may be easier to sell it at this agreed price leaving the buyer to make all the running with regard to planning permission. If, however, a buyer is only interested in purchasing with the benefit of suitable planning consent then you will need to obtain this first.

Nov 16

Should I buy a house which lacks planning approval?

I am buying a house which has had the original garage converted to living space. It transpires from the local searches that this conversion is not covered by Building Regulation Approval. What should I do as I want the house?

It is quite probable that this conversion would also require Planning Permission due to its change of use. If you have established that it is only Building Regulation Approval which would have been required – and this was not obtained at the time – you can obtain indemnity insurance cover for the lack of Building Regulation Approval provided the alterations were carried out more than 12 months ago.

Be aware however that any approach to the Local Authority may well invalidate any indemnity policy and you must, therefore, decide early on which option you wish to take. Alternatively, you can submit a retrospective application for Building Regulation Approval, the cost of which will probably exceed the cost of any policy.

Do not forget, though, that one critical part of a lack of Building Regulation Approval is the fact the Local Authority has not confirmed that any alteration has been carried out to Building Regulations standards.

You must, therefore, satisfy yourself on the existing structure of the garage conversion – regardless of whether or not you choose to take out such a policy for the lack of any formal consent.

Nov 16

Can I make a conditional property offer?

I want to make an offer on a house that is about 60 years old and needs a new kitchen extension. To protect myself can I make it conditional that contracts are only exchanged subject to the granting of Planning Permission for the extension.

It is unusual for sales of residential property to be conditional upon the receipt of Planning Permission as the seller will be more concerned with ensuring that the sale has been secured and a conditional exchange of contracts does not give the seller that comfort.

The buyer could, of course, apply for Planning Permission on a property that he doesn’t yet own as you do not need to be the owner of a property to apply for Planning Consent on it. You simply need to notify the Planning Department on part of the application form that you are not the actual owner.

If an application for Planning Permission has been lodged but its consideration by the local Planning Authority has to go to Committee or Appeal for whatever reason, then the seller may well agree a conditional exchange of contracts on the basis that the planning process is relatively far advanced.

Oct 19

Will garden caravan need planning permission?

I am considering buying a touring caravan, but the only place I can keep it is in the front garden in full view of the neighbours. Will I need Planning Permission for this?

The first thing you need to establish is whether your property is subject to any restrictive covenant preventing you from placing a caravan on your property. Many properties are subject to restrictions preventing the storing of anything other than domestic vehicles on their properties.

Planning Permission is not mandatory in such circumstances, but you will be well advised to check with the local authority planning department first in order to ensure there is no objection.

If you can fence around the area where the caravan will be stored then this very often helps in appeasing the neighbours, who can see that you are making efforts to consider them by screening what many may regard as an eyesore. As with all potential planning related issues it would be courteous to discuss this with your neighbours to establish that they have no objection to your storing the caravan on your property.

Even if there was a restriction on the title preventing you from doing so, it is less likely to be enforced if you have the support and backing of your neighbours. After all, breaches of covenant are often raised directly as a result of objections received from people living next door.