Watch out on permitted development!

Watch out on permitted development!

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Discussion

Jeremy-75qq8

Original Poster:

1,395 posts

107 months

Monday 2nd June
quotequote all
https://www.basingstokegazette.co.uk/news/25166615...


This came up on my Facebook feed. A quick Google and one the face of it I thought that's odd as it looks like permitted development to me.

So more googling.

1. It is beyond the residential curtilage

2. The original consent for the house contained a condition of 2 parking spaces that this development breached.

So they were stuffed and had to do a full application and lost.

Of course they did not help themselves.

The materials are dissimilar and they admitted to commercial use - which interestingly in itself was not fatal to the application. - but the associated car parking was. So it is an eyesore causing parking problems = and endorsement complaint.

There are lots of people asking on here do I need planning. And the answer is normally give us more information but ( often ) on the face of it yes.

Bear in mind there are many possible pitfalls as a personal trainer in Basingstoke has just found out.

That said had It looked nice and for personal use I'd suspect that on balance there is a chance they would have been ok.

https://publicaccess.basingstoke.gov.uk/online-app...






Edited by Jeremy-75qq8 on Monday 2nd June 09:23

Jeremy-75qq8

Original Poster:

1,395 posts

107 months

Monday 2nd June
quotequote all
The initial message was deleted from this topic on 02 June 2025 at 09:21

Actual

1,287 posts

121 months

Monday 2nd June
quotequote all
What is actually looked like...

Couple are ordered to demolish home gym they built on their own driveway... after neighbours complained it created a 'dangerous' parking situation

https://www.dailymail.co.uk/news/article-14756451/...

It was a commercial operation and likely to cause disturbance to residents.

PhilboSE

5,185 posts

241 months

Monday 2nd June
quotequote all
Hmm not sure I agree it should have been OK "on balance".

It's outside PD rules.
It breaches an original planning condition.
Partner is a gym bunny who wanted a home gym and to do a side hustle charging people for personal training (probably intended to do it full time if he could expand his client base), thereby probably breaching another covenant on his property not to use it for business.
Want to park their car on the surrounding roads, and their customers to do the same, thereby impacting on amenity for others.
Can't get their story straight; one minute the ex-parking space was "difficult to use", next minute they want to discuss converting the gym into a garage.

Basically I have little sympathy. Like many people today, they decided that rules are for other people, and why shouldn't they do what they want?
I for one am pleased that the Council has found against and I hope they enforce it.
They're idiots for spunking £30,000+ on a room that was always likely to be reported to the Council, and if it was that important to them, they should have checked properly. The fact that they said they took "reasonable steps" to determine if it was PD or not suggests that they checked, found out it wasn't, and did it anyway. Or were too stupid to understand the rules.

PD stuff isn't hard, and if you have an edge case, it's relatively cheap to get expert advice. They chose to just do what they wanted.

Edited to add: you can also see from the picture that the original developers had to go to great lengths (taking a weird chunk out of the neighbour's garden) to provide their house with 2 parking spaces, so it should be obvious that losing a parking space was always going to be contentious.

Image from Dm coverage of the "story".



Edited by PhilboSE on Monday 2nd June 09:04

TA14

13,094 posts

273 months

Monday 2nd June
quotequote all
PhilboSE said:
Edited to add: you can also see from the picture that the original developers had to go to great lengths (taking a weird chunk out of the neighbour's garden) to provide their house with 2 parking spaces, so it should be obvious that losing a parking space was always going to be contentious.

Image from Dm coverage of the "story".



Edited by PhilboSE on Monday 2nd June 09:04
£30K on a PD - certificate of lawful development would have been a wise move.

Two parking spaces per property sounds reasonable but where is next door's two spaces?

jfdi

1,203 posts

190 months

Monday 2nd June
quotequote all
TA14 said:
but where is next door's two spaces?
Another photo shows them just up the steps behind that strange bit of wall in the back garden.
The estate looks like the designer was playing Tetris with houses, gardens and parking spaces as the tiles.

Jeremy-75qq8

Original Poster:

1,395 posts

107 months

Monday 2nd June
quotequote all
PhilboSE said:
Hmm not sure I agree it should have been OK "on balance".

It's outside PD rules.
It breaches an original planning condition.
Partner is a gym bunny who wanted a home gym and to do a side hustle charging people for personal training (probably intended to do it full time if he could expand his client base), thereby probably breaching another covenant on his property not to use it for business.
Want to park their car on the surrounding roads, and their customers to do the same, thereby impacting on amenity for others.
Can't get their story straight; one minute the ex-parking space was "difficult to use", next minute they want to discuss converting the gym into a garage.

Basically I have little sympathy. Like many people today, they decided that rules are for other people, and why shouldn't they do what they want?
I for one am pleased that the Council has found against and I hope they enforce it.
They're idiots for spunking £30,000+ on a room that was always likely to be reported to the Council, and if it was that important to them, they should have checked properly. The fact that they said they took "reasonable steps" to determine if it was PD or not suggests that they checked, found out it wasn't, and did it anyway. Or were too stupid to understand the rules.

PD stuff isn't hard, and if you have an edge case, it's relatively cheap to get expert advice. They chose to just do what they wanted.

Edited to add: you can also see from the picture that the original developers had to go to great lengths (taking a weird chunk out of the neighbour's garden) to provide their house with 2 parking spaces, so it should be obvious that losing a parking space was always going to be contentious.

Image from Dm coverage of the "story".



Edited by PhilboSE on Monday 2nd June 09:04
I agree but my " on balance " was had it looked ok and there was not commercial use then likely no one would have complained in the first place!

It would also have remove 2 of the 3 from the planners report.

Maybe "had they done this they would have had a better chance of getting away with it " might have been a better turn of phrase.

OutInTheShed

11,432 posts

41 months

Monday 2nd June
quotequote all
Normal for Basingrad.

TwistingMyMelon

6,448 posts

220 months

Monday 2nd June
quotequote all
Jesus on the balance of probability that wouldnt get passed and is odd setup. Any sane person would have concerns before proceeding building it.

Plus reading between the lines, its going to be used for commercial/buisness use , however much they pretend its not, although this largely falls out the scope of planning permsion does it not?

TA14

13,094 posts

273 months

Monday 2nd June
quotequote all
jfdi said:
TA14 said:
but where is next door's two spaces?
Another photo shows them just up the steps behind that strange bit of wall in the back garden.
The estate looks like the designer was playing Tetris with houses, gardens and parking spaces as the tiles.
You are probably correct although that theory would leave the next house, the one with the lower roofline, without any.

Edited by TA14 on Monday 2nd June 10:06

Zetec-S

6,457 posts

108 months

Monday 2nd June
quotequote all
They'll all have 2 spaces (or garage/1 space) somewhere I imagine:

https://www.google.co.uk/maps/@51.2835891,-1.10055...

I didn't hate living on a new build estate, but have to admit I don't miss the parking shenanigans any more. We were fairly lucky as we had a garage and 2 spaces (3 if one of the cars was very small), but the lack of any visitor parking was generally a pain (the 2 visitor spaces for the 40+ homes were not labelled so quickly appropriated, especially the one right outside someone's front door!).

It didn't help that we had someone round the corner fence off their parking space to make their tiny garden slightly less tiny banghead


kambites

69,509 posts

236 months

Monday 2nd June
quotequote all
By my understanding of the term, the fact that there's a fence between the driveway and the garden makes it pretty damned obvious that the driveway isn't considered part of the residential curtilege and hence is beyon the scope of PD!

jfdi

1,203 posts

190 months

Monday 2nd June
quotequote all
Zetec-S said:
Blimey that's grim, a quick wander round on street view and it's obvious there's zero room to be running a business that has visitors.

BoRED S2upid

20,707 posts

255 months

Monday 2nd June
quotequote all
We developed under permitted development but still got the planning bods out along the way to stick their oar in I mean advise wink I don’t see why you would risk it.?

miniman

28,144 posts

277 months

Monday 2nd June
quotequote all
Council should never have allowed a development of that scale with roads specifically designed to be too narrow to park on. However zero sympathy for the pillocks who thought they'd get away with it.

Triumph Man

9,111 posts

183 months

Monday 2nd June
quotequote all
Jeremy-75qq8 said:
PhilboSE said:
Hmm not sure I agree it should have been OK "on balance".

It's outside PD rules.
It breaches an original planning condition.
Partner is a gym bunny who wanted a home gym and to do a side hustle charging people for personal training (probably intended to do it full time if he could expand his client base), thereby probably breaching another covenant on his property not to use it for business.
Want to park their car on the surrounding roads, and their customers to do the same, thereby impacting on amenity for others.
Can't get their story straight; one minute the ex-parking space was "difficult to use", next minute they want to discuss converting the gym into a garage.

Basically I have little sympathy. Like many people today, they decided that rules are for other people, and why shouldn't they do what they want?
I for one am pleased that the Council has found against and I hope they enforce it.
They're idiots for spunking £30,000+ on a room that was always likely to be reported to the Council, and if it was that important to them, they should have checked properly. The fact that they said they took "reasonable steps" to determine if it was PD or not suggests that they checked, found out it wasn't, and did it anyway. Or were too stupid to understand the rules.

PD stuff isn't hard, and if you have an edge case, it's relatively cheap to get expert advice. They chose to just do what they wanted.

Edited to add: you can also see from the picture that the original developers had to go to great lengths (taking a weird chunk out of the neighbour's garden) to provide their house with 2 parking spaces, so it should be obvious that losing a parking space was always going to be contentious.

Image from Dm coverage of the "story".



Edited by PhilboSE on Monday 2nd June 09:04
I agree but my " on balance " was had it looked ok and there was not commercial use then likely no one would have complained in the first place!

It would also have remove 2 of the 3 from the planners report.

Maybe "had they done this they would have had a better chance of getting away with it " might have been a better turn of phrase.
Putting everything else aside, surely that falls foul of the 50% rule for PD?

BoRED S2upid

20,707 posts

255 months

Monday 2nd June
quotequote all
We developed under permitted development but still got the planning bods out along the way to stick their oar in I mean advise wink I don’t see why you would risk it.?

bigdom

2,197 posts

160 months

Monday 2nd June
quotequote all
We could have technically developed under PD, although our architect advised to just stikc it through planning. No issues, sailed straight through.

Spending that amount of money with the attitude of "It's better to ask forgiveness than ask permission" is plain stupid.

roscopervis

373 posts

162 months

Tuesday 3rd June
quotequote all
Play stupid games….

Ignorance is not an excuse. The simple fact it is outside the residential curtilage means that it cannot be Permitted Development. The subsequent loss of a parking space and commercial use is just putting cherries and chocolate on top.

andye30m3

3,489 posts

269 months

Thursday 5th June
quotequote all
I always advise people apply for certificates of lawful development if it would appear what they're looking to do falls under PD.

I've had a few which on the face of it seem fine got refused.

The most unusual was a single storey rear extension which was refused because when the house was build the old road was at 90 degrees to the current road so the council decided it was a side extension, went straight through planning but goes to show there's areas which can cause differences of opinion.