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Ian Walmsley

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Posts posted by Ian Walmsley

  1. Hi,

    They may well have powers to restrict development of the decking. Whether they have powers to remove the slabs, unfortunately I am not sure.

    Normally any such planning issues would be dealt with by the local authority, but certain legislation can override planning legislation.

    If this is a formal notice, you are within your rights to ask them as to the legislation they are operating under given that the slabs have been there for 15 plus years.

    Sorry that I can't be of more assistance.

    You are welcome to post this on our Facebook group at https://facebook.com/groups/planninggeek - but this is not anonymous. Someone there might know.





     

     

  2. A lot might depend upon how long it has been marketed for, if there is any demand for an F1 usage and then the local policy as far as parking and other suitability for a dwelling.

    You might wish to consider a Zoom call with myself to discuss the options open to you.

    If this is of interest, you can book this via https://planninggeek.co.uk/book

    Whilst there is a cost element, we do fully credit the amount against using our services for any application on the site.

     

     

     

  3. Apologies for the late reply. I missed this. 

     

    Unfortunately any educational facility would be F1. 

    However it is possible to have two uses for the situation you described. 

    If you need any further assistance with this opportunity, please reach out to us via planninggeek.co.uk/contact 

  4. Hi,

    My apologies. This post was missed by myself.

    It all depends upon the description of the application originally. 

    It does sound extant, so works could probably continue. 

    You can use a S73 application to change the plans - but if the planning said a bungalow, you will not be able to change that to a house - but you might be able to add dormers etc. 

    You might also be able to benefit from permitted development rights. 

    One option for you is to book a Zoom session with myself via https://planninggeek.co.uk/book as this could be fairly complicated depending upon the original planning.

    Whilst there is a cost element to this, we do fully credit the amount if you then need an application and use our services. 

     

     

  5. Hi,

    Thanks for the post.  

    A church hall is usually F1 as it would be ancillary to a church.

    Education is F1

    I would not normally consider a preschool to be the same as a creche or nursery which is Use Class E

    Provided that you are undertaking some form of education as opposed to just letting the children play, then I would consider it to be F1 and not require a change of use or planning permission.

    I do not normally recommend speaking with the local authority, outside of a formal application, however you could apply for a certificate of proposed use or development to get it confirmed in writing.

    Use Class F1 can be found on our site at https://useclass.co.uk/f1

    If you would like our help with a certificate of lawfulness, please complete the form at https://planninggeek.co.uk/col

     

     

     

  6. Hi,

    Actually I think the local authority is wrong. 

    Reason being is that you have merely repaired and rebuilt part of the property pre-1948.

    Normally when you remove something and replace it, then it has gone. But I think in this case, I am not so sure.

    In any event maybe you repaired it bit by bit, as opposed to demolishing it and rebuilding it - ie.e you repaired it. 

    You also need to always be careful what you say to the local authority. I assume this is enforcement as opposed to the planning department. 

    You might benefit from reaching out directly to me via https://planninggeek.co.uk/contact or perhaps booking a paid session via https://planninggeek.co.uk/book - so that we can give you detailed advise. Please be careful as to anything else you say to the local authority. 

    We are here to help

     

     

  7. Hi,

    Thanks for the message.

    Unfortunately permitted development rights apply only on the property in question. 

    The height is measured from the natural ground level next do the extension.

    However if light is impacted, whilst it would not prevent the extension from happening, it could be a civil matter which would impact the build. But that would require a surveyor and probably a solicitor to assist. 

    Sorry that this is maybe not the reply you might have hoped for.


     

  8. Hi,

    If you do not have any other land to cross to the highway and the highway is not classified, it could well be permitted development under Class B of Part 2 of the GPDO.

    Please see https://www.planninggeek.co.uk/gpdo/minor-operations/access-to-a-highway/

    A garden hedge is not protected in the vast majority of cases.

    If you need a better idea, you are welcome to consult with our team via https://planninggeek.co.uk/contact

    We are here to help.

     

  9. Hi,

    It most certainly can have a curtilage, but this might not be that large.

    A lot will depend upon how the application for a certificate of lawfulness for the log cabin has been submitted. 

    I hope that your agent did not discuss the other proposals. This should never happen!  If they did, this is why you are getting issues.

    if you need any further assistance, please reach out to us via https://planninggeek.co.uk/contact

    We are here to help!

     

  10. Hi,

    This will require planning permission.

    Unfortunately the Article 4 blocks C3 to C4, but doesn't block C4 to C3.

    So once you have gone to C3, you need planning to go back to C4.

    Yes, you could apply yourself, but I would recommend a planning consultant. You will need a good justification and also meet other criteria. If these are not met, then refusal may easily happen.

    We do a few of these with Bristol - but the concern is the loss family homes. 

    They will also look at what is called sandwiching and density of HMOs in a radius.

    Unfortunately there is no guarantee with any article 4 - but we also will not accept an instruction if we know that permission will be refused.  Some others might.

    If you would like a fee proposal for this, please complete the form at https://planninggeek.co.uk/quote

    We are here to help.





     

  11. Apologies for the delay. I have issued with some posts appearing.

    If the barn was not part of an established agricultural unit (EAU) on 24th July 2023, then it will not qualify for the new Class Q
     

    Quote

     

    Q.1. Development is not permitted by Class Q if—

    (a) in the case of a site that is part of an established agricultural unit, the site was not part of the established agricultural unit—
    (i) on 24th July 2023, or
    (ii) where the site became part of the established agricultural unit after 24th July 2023, for a period of at least 10 years before the date development under Class Q begins,

     

     

  12. It doesn't sound like it complies with permitted development as it isn't all within the curtilage of the dwellinghouse. 

    Therefore would require retrospective planning permission or potentially removal. 

    Your only option is to enquire with the enforcement team at the local authority. They can enforce the situation if necessary. 

  13. sorry for the delay.

    You can convert the two to C3 under Class MA, but this would then require planning to go to C4.

    Personally I would probably look to convert straight to an HMO, either as one larger Sui Generis HMO, or two.

    I would recommend using a planning consultant for this.

    If you or your client needs help, please reach out via https://planninggeek.co.uk/contact 

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