I am currently working up a planning application on behalf of a homeowner to modify a first-floor room to generate some more space.
The house already has a linked garage conversion, but this conversion has never appeared on prior planning applications for the house (there have been 2 or 3 previous for different works). The homeowner is requesting that we explore modifications to the stair in the house and use the converted garage space as circulation for the stair at ground floor level - this would mean the garage conversion appearing on the new planning application in an 'as existing' state I would suggest.
However, while the homeowner can already park 2 cars off-site on their small driveway - the 'bay sizes' would not comply with the standards set out in the county council parking standards (5.5 x 2.9m). So here are my questions;
- If the council are on the ball, technically, could they refuse the application on the grounds that the garage conversion doesn't leave adequate off-street parking - even though the conversion has already happened and is possibly fine under permitted development rules?
- Garage conversions are generally PD unless there is an article 4 in place and/or PD rights were removed as a condition of the original approval of the house build. Is a 'condition' like this which is tied to the original development/house and an article 4 directive one and the same thing? So if I made an enquiry to the council about any article 4 directives that were in place would it unequivocally confirm that garage conversions under PD were ok? Or, is this something that would actually be listed on the title deeds?
How would you deal with this situation? I had considered making an application where the garage is not shown 'converted' and suggesting any works the client does internally to the house after we have an approval for first floor works is up to them. I don't know exactly why, legally, but this seems a little risky or at best unprofessional.
Kind regards. Daniel.
