Planning issue...can they really do this?

[hellsbelles]

I'm appealing to the great legal minds on MN on how to proceed in this.

My husband and I bought our house about 3 years ago. It's our dream house and although we've lumbered ourselves with a huge mortgage we have been very happy here. At the end of our garden is a garage that is owned by someone else. He owns both ours and another one attached to the house opposite. The wall of the garage backs onto our (very small) garden.

I've just heard from our neighbour that the owner of the garage is planning to sell the garages to developers and is claiming they will give him a huge amount of money (way more than they are worth without planning permission). He has claimed that they will build an extra storey onto each of these to create new houses. The building of this will completely block out our light to much of our home and will ruin our house (and create a big drop in value in my opinion). We live in a listed house and it's in a conservation area.

When we first moved in I did contact the planning office to try and establish whether there was a danger that it could be developed but they were unwilling/unable to give me any guidance. They said the only way I could find out would be to apply for planning permission myself for the garage and that would tell me what could be done. So I decided not to tempt fate (I didn't want to actually get planning permission granted on something I didn't own!) and left it.

If the garage was being sold for it's actual value rather than it's potential value with planning permission (which as I said it hasn't yet got) we could possibly scrap together the cost of it.

So what the heck do I do? The neighbour seems willing to pay the huge price being offered and wants to act as a team but says if we won't buy he'll buy both but then have to develop our side.

Is it really possible that they could get planning permission to add a whole other storey in a conservation area? My previous property was in a conservation area and they wouldn't even allow me a loft extension. The neighbour reckons because the existing garages are so unsightly that might be in the developers favour as they could argue they are creating new housing (but the reality is that this would not be housing for the good of the community)

Sorry for the huge long rant. I just need to know where to go for advice? Does anyone know who I could get in touch with in north London area?

[LIZS]

Part of the area we live in is a conservation area and there have certainly been infill developments allowed within it, even adjacent to listed buildings. I'd think your best bet is to offer to buy the garage. There should be a local planning policy which might establish what current thinking is and whether similar developments have been allowed and under what conditions. Often these plans come to nothing as developers will look at several potential sites and approach the owners.

[Wildidle]

It's literally impossible to tell if it's likely to be granted without seeing the site, but it's possible they could do it. Sorry, not much help I know, but planning is a complicated business!

[millymollymoomoo]

Have you tried contacting the local planning department and asking them if its likely permission would be granted? We were looking to do some extensions and developments several years ago and met with the local planning team to outline our possible ideas - thy told us they would not be given permission.
While they may not be able to state 100% until a permission request is made they are likely to be able to give you a good idea based on location, what other things have been granted permission in the area etc.

[hellsbelles]

Thank you all - so sorry for late response. We actually have no way of affording the garage as it's a ridiculous price. I have contacted planning and been advised that it is likely that it would get permission to change to a house (as it is currently a very grotty garage!) but not necessarily increase the height so this is what we've got to focus on and try to appeal any attempts to increase the height and add windows directly overlooking our property.