Issue - meetings

To consider a Certificate of Lawfulness for (Existing Development) for the enlargement and conversion of a garage into an annexe.

It was RESOLVED: That the application 23/00621/CLED be GRANTED a certificate of lawfulness subject to the conditions set out in the report.

The Committee considered a report in respect of application 23/00621/CLED seeking a Certificate of Lawfulness for (existing development) for the enlargement and conversion of a garage into an annexe.

The Assistant Director (Planning & Regulatory) informed Members that Items 8, 9 and 10 were different to normal planning applications as they were not assessed on planning policies but were certificates of lawfulness and looked at whether they were within the criteria of the Town and Country Planning Act General Permitted Development Order (2015), (as amended).

The Senior Planning Officer informed Members that the application was a garage conversion which was slightly extended to the front. The applicant was also an employee of the Council. A bay window replaced the garage which had been turned into a bedroom. This was done in 2009.

Under Class A they had a right to undertake certain conversions, which garage conversions fell under, so they could convert it without planning permission. However, they needed planning permission for the extension. In accordance with planning legislation, after 4 years of no action a development could be deemed as acceptable and lawful due to the passage of time.

Some Members asked whether there would be more developments like this and why they don’t just seek retrospective planning permission. It was advised that SBC didn’t have the capacity to look at whether people have completed developments without planning permission, it was only looked at when people inform SBC. Building control issued a certificate, which are separate to the Council, and SBC were not notified. As it had been over 4 years a Certificate of Lawfulness was the equivalent to retrospective planning permission.

Another Member asked why it came to the Committee now. It was advised that the applicant was selling their house and the solicitors wanted proof of the conversion. Due to the passage of time SBC could issue a Certificate of Lawfulness.

It was RESOLVED: That the application 23/00621/CLED be GRANTED a certificate of lawfulness subject to the conditions set out in the report.

Conditions:

1.    On the balance of probabilities, the evidence that has been provided has demonstrated that the enlargement and conversion of the garage at No. 7 Dove Road occurred more than 4 years ago. Therefore, for the purposes of S.171B of the Town and Country Planning Act 1990 it is considered that the enlargement and conversion of the garage is now lawful and exempt from enforcement action.