Planning retention - is it ever refused and in what circumstances?

Recently, had to apply for retention on two illegal buildings attached to the house I'm trying to sell. One is a garage that was converted to a granny flat and the other is an outbuilding separate from the main house that has been used for various purposes, office/storage etc. Both buildings are in existence for 20 years easily and were there when I bought but I had no idea they were 'illegal' until recently.

The decision process is around the corner but I'm wondering what are the chances of retention being refused ie does it ever happen and if so what can be done? I know because of the time limit that the buildings can't be taken down etc but what would be the official status of them if the council refuse retention- particularly relating to a future sale?

Many thanks

The decision process is around the corner but I'm wondering what are the chances of retention being refused ie does it ever happen and if so what can be done?

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Thats the $64,000 dollar question. Hard for anyone to predict without more details on the structures and how they relate to the Councils Development Plan.

Well, the house is pretty much hidden away from public view and is on its own site (not in an estate). One building was original a garage built when the house was built - I think its only the change of use that needs to be amended here. The other has been there for 20 years and is again not visible to anyone other than the occupiers of the house as the area is bordered by trees and we have no 'neighbours' as such, just a vacant site next door.

The eight-week decision period will be up tommorrow, am biting my nails wondering about the outcome and am really just trying to get myself in gear for what happens if I get a no.... particularly when I am hoping to put the place up for sale asap.

There have been many well publicised instances of retention applications being refused and demolition orders issued.

My understanding is that when something is in place for so long (20 years) it cannot be demolished?

My understanding is that when something is in place for so long (20 years) it cannot be demolished?

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Thats true. But a property cant be conveyed (sold) unless all the structures on it comply with planning laws. So if you have an "unlawful development" on your site and it is there for that long, even though the council cant force you to demolish it, you cannot sell it until you've got retention or voluntarily demolished the unlawfull development, or altered it to comply with planning laws for exempt development (e.g. below certain size). This problem is quite common.

This article was in the papers recently. Not quite the same thing, but interesting none the less.

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I don't think you will have too much to worry about MelF. From what you say I think it is likely that the planning authority will grant you retention especially as the buildings have been in place for several years and don't seem to be negatively affecting anyone e.g. adjoining neighbours / landowners or causing any negative impact on the environment. You don't say what local authority it is though?

csirl said:

Thats true. But a property cant be conveyed (sold) unless all the structures on it comply with planning laws. So if you have an "unlawful development" on your site and it is there for that long, even though the council cant force you to demolish it, you cannot sell it until you've got retention or voluntarily demolished the unlawfull development, or altered it to comply with planning laws for exempt development (e.g. below certain size). This problem is quite common.

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Surely this is not true.

Lots of properties are sold with unlawful development, either knowingly or unknowingly by vendor / purchaser.