repair or rebuild? - Public forum - Planning Advisory Service (PAS)
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Started - July 2012
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Last activity - This week
repair or rebuild?
I recently served an Enf Notice regarding a building on a redundant pig farm that has been demolished apart from two adjacent walls. Unfortunately the photos are no longer on my computer so cant post. but you can see the in between stage later that I have attached. The owner erected a metal frame within these two walls new roof and two new gable ends. We have therefore taken the view that so much of the fabric of the original buiding has been removed that a new building has been erected which conflicts with policy as its is in open countryside and is not being used for agriculture, forestry etc. They are saying its no more than a repair. We have recently lost the use of dcp on line due to cut backs which I am annoyed about as I used it alot. Does anyone have any cases that they think may be useful . The appellants have appealed on ground a, and b , c and surprisingly d. The Inspectorate have decided it should be an Inquiry, neither our Council or the appellants agents want it to be an Inquiry but as the legal ground has been appealed apparently it must be. It will be my first Inquiry , so am worried slightly. Any advice would be gratefully received.
Hi Charlotte, do you still have access to the Encyclopaedia? If so, from memory I believe there is case law quoted in the domestic PD rights section as to what constitutes repair. I no longer work for a LPA so can't be more specific I'm afraid.
Charlotte. I lost the use of DCP Online when I went out on my own but if you have access to it there is a good section of repair vs rebuild. Hope that it helps? Essesntially it will always be a matter of 'fact and degree' but from your photo that looks like a new building to me! Mike Hyde