PD? Half the garden? How big is that?

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jonahinoz
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PD? Half the garden? How big is that?

Post by jonahinoz » Mon Mar 05, 2018 6:03 am

Hi,

We made an offer on a bungalow on Friday. We understand it is acceptable, but nothing has happened yet. However, a friend who knows the area has advised us of a potential deal beaker. The situation is as follows ... I have used ficticious data to make the example easier to follow.

Visulise a 100m2 bungalow sitting on a 500m2 plot, which easily allows PD for garage, say 20m2, on the 400m2 garden.

But in 2000, half the garden was sold, on which another bungalow was built. That reduces the original plot size to 250m2, of which 150m2 is garden. That is easily enough room for PD for a garage, of 20m2.

Or is it? Did/does the development of half the original plot wipe out all future PD rights, or does each of the original, and new, bungalows gain their own PD rights? I can see the reasoning behind both options.

The clock is ticking on the sale of our present house, so we do not want to waste several weeks waiting for planning applications to be processed. Not having a garage IS a deal breaker.

John W

Collaborate
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Re: PD? Half the garden? How big is that?

Post by Collaborate » Mon Mar 05, 2018 8:51 am

The 2nd building was presumably built with PP - it could not have been built with PD rights, so you should be OK.

jonahinoz
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Re: PD? Half the garden? How big is that?

Post by jonahinoz » Mon Mar 05, 2018 11:40 am

Hi Collaborate,

Thanks for your reply.

You seem to be saying that any development with PP does not eat into your PD entitlement? Yeah, that makes sense, but its not the way that I read the Act, in my 1988 edition ...

(e) The total area of ground covered by buildings or enclosures within the curtilage (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house) ...

There is no mention of whether or not the "buildings covering the ground" were built with or without PP. I prefer your version, but I've learned not to make assumptions.

I suppose it could be argued that selling a building plot reduces the original cutilage, and therefore makes the PD smaller, but for PD purposes, the severed area is no longer part of the curtilage. But I would hate to be in the position of having to argue that in court.

OT ... it is difficult to make an unreasonable man see reason ... when his salary depends on him being unreasonable. Present company excepted. :D

John W

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Re: PD? Half the garden? How big is that?

Post by Collaborate » Mon Mar 05, 2018 12:43 pm

Taken from The Town and Country Planning (General Permitted Development) (England) Order 2

Development is not permitted by Class A if—
(b)as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

So you're OK as far as the % of garden is concerned.

You'd need to satisfy yourself as to any other potential restrictions though.

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