Carport planning permission.....

[Pete.]

You need 10 years for this type of use to be safe from enforcement.

4 years is only for conversion of a building to residential use.

Damnit I thought I was safe. Ahhh well, it'll be 10 yrs next April.

 

[gavcarter]

I told the guy that came to view mine 5 years and he said seemed to imply that was long enough.

Anyway outcome of it was, they may come back, they may keep an eye on the property to see if any evidence supporting the alleged business shows up, I.e cars coming and going etc

He did ask of I had permission for the roof. I said no I thought as it's just plastic and under 3m it didn't need any. Apparently I should have permission but as it's been there around 5 years he just said well we will not get concerned with that, I'm not here about that anyway. So I assume I am safe. At least for the time being....

 

[gavcarter]

After a little digging it seems to be 4 years for residential use, 10 years for a change of use or anything business or commercial.
So in my case it's 4 years as it is residential and not a business as my neighbour is trying to claim.

If you build a shed it's 4 years. If you build a shed and LIVE in it, it's 10 because of the initial change of use to a dwelling. As I understand anyway - please don't take this as gospel

 

[Justme]

After a little digging it seems to be 4 years for residential use, 10 years for a change of use or anything business or commercial.
So in my case it's 4 years as it is residential and not a business as my neighbour is trying to claim.

If you build a shed it's 4 years. If you build a shed and LIVE in it, it's 10 because of the initial change of use to a dwelling. As I understand anyway - please don't take this as gospel

Having very recently had to defend my house from the council in a full public inquiry I can say with confidence that that interpretation is not correct. Both my Barrister & the Welsh ministers planning inspectorate agreed. The council planning dept & their barrister were well out of their depth.

If you have a building and convert it to a residence its 4 years.
If you build a residence its 10 years.
If you build a building its 10 years.
If you build a building & then one day later convert it to a residence its 4 years.
If you change use its 10 years.

All dates run from "substantial completion"

The prior cases they referenced were Welwyn & Sage

Secretary of State for Communities and Local Government and another v Welwyn Hatfield BC
[2011] UKSC 15

Sage v SSETR and others [2003] UKHL 22

& later used

Lawson Builders Ltd v SSCLG and Wakefield MDC [2013] EWHC 3368 (Admin)
Lawson Builders Ltd v SSCLG and Wakefield MDC [2015] EWCA Civ 122

 

[gavcarter]

Is it not different in England?

 

[Bobtail4x4]

wakefield IS in england

 

[gavcarter]

I didn't look at location. Just noticed he was mentioning Welsh ministers and welwyn lol

 

[Justme]

Is it not different in England?

No.