Glasgow garage built without permission allowed to stay after time runs out on enforcement

A resident has won a battle to keep a garage in her Riddrie front garden years after it was built without planning permission.

The council began enforcement action to get the garage on Smithycroft Road removed back in 2019.

But it is now too late for enforcement measures due to the length of time taken following a subsequent planning application and appeal process.

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A councillor said they had no option but to allow the garage as "they are backed into a corner" this week following an appeal from applicant Natalie Phillips.

Allowing the appeal at a meeting, councillors insisted however the garage at the semi detached sandstone house must be shielded from view by planting and its roof should be painted dark grey.

The planning local review committee heard it is now impossible for an enforcement case to progress to get the garage removed due to a time restriction.

Pointing out an enforcement bid against the garage was launched in 2019, a council official said: "The enforcement case was paused because a planning application was submitted then refused and then there was the review process. Unfortunately due to the passage of time - there is a four year rule for enforcement cases - so that enforcement case won't be progressed because of the time it has taken to get it to review."

Committee chair councillor Ken Andrew, SNP, asked if the council would be able to take action over the garage if the conditions of planting for screening were not complied with.

The official confirmed enforcement action would be possible in that case if conditions of approving planning are not obeyed.

Councillor Andrew describe the situation as "slightly unusual."

He said councillors had been "backed into a corner in some respects."

Councillor Eva Bolander, SNP, said: "I would prefer to refuse this one but because we have really limited options of enforcing any decision in that way I'm proposing that we approve this one with the conditions of suitable colour and screen planting in front of it."

Councillor Andrew said: "If we take the option to grant this application it gives enforcement at least some powers to make what is a poor situation that little bit better. "

He added: "We are in agreement to grant the application - the reason for that is we are limited in what we can do in terms of enforcement had we been minded to refuse."

It was originally rejected by planners over concerns about it not complying with guidance including that it should be behind the building line and six metres away from a public footpath.

The applicant launched an appeal following that refusal.

But that was overruled at the planning local review committee - paving the way for the structure to stay.

In order for the garage to obtain planning permission planting should be put in place to screen the structure from the road and the roof should be painted dark grey to protect the appearance of the property and surrounding area.