# If I apply for planning retention for workshop & am refused do I have to take it down



## starlite68 (25 Feb 2008)

hi
 i am hoping i can get some advice from anyone out there.

i have a workshop in my garden at home which my father built about 14 years ago...he used to restore furniture in it....but at the time he never bothered to get planning permission, anyway he has now passed away some years ago and the house is now mine.

i never thought much about the building and none of the neighbors ever complained about it, but a friend of mine told me that i should apply for retention on the building because if i ever wanted to sell the house in the future it might effect the price. 

what i want to know is if i apply for retention and get refused...will i have to take the building down. 

i don't really use it for anything as such, but it is a fine big workshop and i would hate to have to demolish it.

gratefull for any advice.


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## leomonade (29 Feb 2008)

*Re: planning retention*

Think that once its been standing for 14 years with no objections then you may get retention apparently its easier to get than planning permission


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## starlite68 (29 Feb 2008)

*Re: planning retention*

thanks..thats usefull to know. it been there at least 14 years.


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## eamonn123456 (12 Mar 2008)

*Re: planning retention*

If you can prove it.


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## mathepac (12 Mar 2008)

*Re: planning retention*

What sort of construction is the shed - concrete blocks on a regular poured foundation, timber "garden-shed" on concrete block supports?

What's the floor area?

How high is the roof?

How long can you prove (as per previous post) its been there?

All of the above could have an impact on whether you need to apply for retention or not and whether it might be granted or not, as the case may be.


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## NiallA (12 Mar 2008)

*Re: planning retention*

the fact that it has been there more than seven years means that the council cannot take enforcement action against you to have it removed.

if you are planning to sell it it would be best to get retention on it if you can, but if it is refused the council cannot force you to remove it, and you would just sell it without the benefit of planning.  (it might affect the price, but not substantially as the council can take no action against the new owners either).

For the benefit of doubt it is best to prove it is there 7 years, this can be difficult, but a lot of councils have aerial photographs of the entire county going back over the years.  (very useful to prove people are lying about how long a building is there)


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## ajapale (15 Mar 2008)

*Re: planning retention*

Moved from Askaboutlaw
to H&G which is were planning issues are discussed.


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## Superman (15 Mar 2008)

*Re: If I apply for planning retention for workshop & am refused do I have to take it*

What size is it and where is it located - it might be exempt development if less than 25 sq.m. ("fine big" can mean many things).

If it is there more than 7 years, then as others have said, the LA loses the right to force you to knock it down.  It doesn't mean quite the same thing as getting permission as under certain (relatively rare) circumstances you will not get the benefit of permission - e.g. if your land is compulsorily purchased you won't be paid for the workshop, or if it burns down you have no right to rebuild it.

You won't have to knock it down if not given permission.


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## eiregal (24 Sep 2009)

*Re: If I apply for planning retention for workshop & am refused do I have to take it*

Resurrecting an old thread here but just wondering what the OP did in this instance?  I know of a similar situation now, workshop has been standing at least 15 years, but one of the neighbours (who is also there around the same length of time) is complaining and the City Council have paid a visit.


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## Sconhome (24 Sep 2009)

*Re: If I apply for planning retention for workshop & am refused do I have to take it*

It all depends on whether the shed is an exempt development or not. There are guidelines in relation to being behind property line of house, under 25m2 floor area, ridge lower than 4m that kind of info.

If the shed is being used as a commercial workshop, ie running a business from it, then there would be an issue in relation to the zoning of the land and probably a rates issue which is why the Council would be interested.


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## priscilla (24 Sep 2009)

*Re: If I apply for planning retention for workshop & am refused do I have to take it*

The people involved should write to the council and request an exemption  cert; aerial photos that the council have will prove the building is there longer than the 7 years exemption rules.
As you have not heard from the council, chances are that they have checked it out already and realise there are no grounds for planning enforcement.


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