# Planning Permission - Unauthorised Structure



## MDGA (17 Aug 2010)

Hi all,

Is it proper for a Planning Authority to refuse modifications to a cottage because there happens to be an unauthorised shed on the site?

The shed has been on the site for over 10 years.

The application for permission only relates to modifications to the house on the site, the site is located with an existing housing development and has been in existence since the 1950's.

The planners report insists on regularising the unauthorised shed before dealing with the modifications to the cottage. The planner is aware that the shed is on the site for over 7 years.


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## RKQ (18 Aug 2010)

Did you expect the Planner to ignore the illegal unauthorised shed?
The shed is over 7 years old - but its still illegal.

Reapply for your proposed modifications to the cottage & include Retention of unauthorised structure.

"_Is it proper for a Planning Authority to refuse modifications to a cottage because there happens to be an unauthorised shed on the site?"_
Yes, most definitely. As Citizens we all must comply with the Laws of the Land.


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## MDGA (18 Aug 2010)

Yes, but it is most likely that the planner will refuse  the shed .

My question is, should the planner not only deal with the application is question?


The planning authority cannot take proceedings at this stage over the shed.


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## RKQ (18 Aug 2010)

The Planner may feel that he/she can not make a decision to grant, on a site with a known unauthorised structure. However, if the shed is part of a retention application he/she may feel more comfortable, as a Grant of Permission is a legal document.

Retention of the shed with give it a legal status, clear up all your planning affairs.


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## MDGA (19 Aug 2010)

The Planning Authority are restricted from issuing enforcement proceedings against the unauthorised structure. That is Planning Law.

If I apply for retention permission, I am sure the planner will refuse, as it would set a precedent for other similar structures built in residential areas. (the shed is 2500ftsq). No planner will set such a precedent.

I am including a legal opinion on the status of the shed, (unauthorised, but beyond enforcement proceedings) They are aware of the structure but have never issued any warning letters etc.

Surely the planner has to deal with my simple application to modify the applicant's family home for the purpose of her family needs. Surely the planner has to assess my application on it's merits.

How many Industrial estates have unauthorised development on site and yet planning applications are granted for new development / modifications etc etc etc.

I'm looking for a precedent case where I can instruct the planner to deal with the simple application while also inviting them to clarify why no enforcement has been issued.


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## Joe Q Public (19 Aug 2010)

Would a planning application for this unauthorised building reset the 7 year window?


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## MDGA (20 Aug 2010)

I have been advised that if a retention permission is lodged it will not be granted and I think the planning authority may then have the power to seek its removal.

My client would prefer to keep the status of the shed.


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## Joe Q Public (20 Aug 2010)

Best do nothing so.


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## Complainer (20 Aug 2010)

MDGA said:


> My client would prefer to keep the status of the shed.


I hope you're not relying on Askaboutmoney.com to professional advice which you then give to your client?


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## dereko1969 (20 Aug 2010)

i'm sure the OP will donate a proportion of their fees to AAM if that's the case! also surely a shed is not a shed when it's 2,500sq ft! it's a barn (not a barna!)


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