Garage erected without planning permission must be destroyed

Garage must cease trading with 21 days and the buildings must be demolished within three months

Garage erected without planning permission must be destroyed
Photo: Bigstock

A garage near Shrewsbury erected without planning permission must be demolished within three weeks after planning officers rejected an appeal.

Phillip Roberts, proprietor of Edgebold Garage Limited, said Shropshire Council failed to properly evaluate the evidence before it issued an enforcement notice in 2021.

Mr Roberts worked from a shed near his house prior to a change of use application to convert a domestic garage for use as a base for the business, which became a triple garage in 2017. A council enforcement officer advised that the extension was classed as permitted development, provided the main use remained residential.

Following a fire at the property in 2020, a council investigation found that Mr Roberts “was in the course of constructing a large garage building with three bays” as a replacement for the damaged garage. This led to the original enforcement notice.

Council planners rejected an application for a certificate of lawful use on the grounds the business had been operating for more than 10 years. This decision was upheld by the Planning Inspectorate.

Planning inspector Graham Kean said: “I agree with the Council that the new garage significantly harms the character and appearance of and is significantly out of keeping with the main house and the surrounding residential plots.

“After the fire the appellant replaced what was there before with a new and different structure. For a use to be lawfully capable of being continued, I would agree with the appellant that a permission could be expressly sought for the rebuilding of a structure, but no such permission was granted.”

Chris Schofield, Shropshire Council’s Cabinet member for planning, added: “This is a good example where this council will not tolerate unauthorised development that impacts adversely on residents and appropriate action will be taken.

“We therefore strongly advise people in Shropshire to go down the right route to seek planning permission first.”

Source: Shropshire Star

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