LDC refusal for garage

June 10, 2023 by Steve Fearns in forum Planning Forum

#1587 Steve Fearns, 10 June 2023, 07:56

We own a 6 bed detached house with separate self contained annex set in about 2 acres.
We sought LDC for a 8m x 19m combined garage, workshop and craft room.
It was refused on the basis it was not incidental to enjoyment of our home, too large and too far away from our house (about 44m - on the same site as an approved existing large timber garage and caravan).
They quoted Emin v SSE and Mid-Sussex District Council [1989] 58 P & CR 416 and we cited Holding v FSD & Thurrock BC (2004) JPL 1405
As a side issue, we directed them to gov.uk LDC guidance “ it is best practice for the LPA to have constructive discussions with applicants and, if it has any concerns, give the applicant the opportunity to amend the application before it is decided. ” but they say they will not revisit the decision.
Views and advice welcomed

#1999 Damian, 11 June 2023, 13:58

You’ll therefore need to reduce the size and bring it closer to the main dwelling.

From experience, there generally isn’t a discussion which relates to LDC applications. They either do or do not meet the PD requirements.

#2323 Steve Fearns, 23 May 2024, 16:21

Well that isn’t helpful at all. How can the LPA be judge and jury on subjective issues such as size, ancillary use etc when all the case law is so diverse?

#2324 Damian, 24 May 2024, 12:29

Why don’t you Appeal? Could have been determined within the timeframe if your last two posts.

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