Planning, where to start?

[Spaceman3]

We currently own a house in Cornwall set in just under an acre of land. It has a detached large garage (6.5 X 7.5m) set approx 10 metres from house. I have been toying with the idea of converting garage to a house and splitting some of the garden to provide a separate property. I have spoken with local estate agent who sold us the house and in his opinion this would be a good move. Trouble is I have no idea where to begin. Would anybody know the best way to test feasibility please?

[anonymous-user]

Employ a planning consultant would be the smart move.

[Prizam]

A don't be tempted to make it a couple foot bigger than the planning states

[Equus]

PM me the address of your property... I ought to be able to tell you fairly quickly (and free of charge) whether the idea has legs.

(I am Architectural Director of a combined Planning consultancy and architectural practice; and FWIIW our Planning Director is located not too far from you, at Exeter).

[Spaceman3]

Equus said:

PM me the address of your property... I ought to be able to tell you fairly quickly (and free of charge) whether the idea has legs.

(I am Architectural Director of a combined Planning consultancy and architectural practice; and FWIIW our Planning Director is located not too far from you, at Exeter).

Thanks, done.

[blueg33]

Listen to Equus.

[Equus]

Since I know it's annoying for others where these sorts of threads 'disappear' without answer into an off-forum discussion,, this is the answer I gave (posted with the OP's permission):

I've now had chance to look at your property.

It's pretty clearly outside the settlement boundary. Any property that is outside the defined settlement boundary is classified, in Planning terms, as being in ‘open countryside’, so the chances of gaining Planning permission for what amounts to a new, free-standing dwelling are slim. both national and local policy are against such development:

Local policy said:

Policy 7 of the Adopted Local Plan – Housing in the Countryside

The development of new homes in the open countryside will only be permitted where there are special circumstances. New dwellings will be restricted to:

1. Replacement dwellings broadly comparable to the size, scale and bulk of the dwelling being replaced and of an appropriate scale and character to their location; or
2. the subdivision of existing residential dwellings; or
3. Reuse of suitably constructed redundant, disused or historic buildings that are considered appropriate to retain and would lead to an enhancement to the immediate setting. The building to be converted should have an existing lawful residential or non-residential use and be ten years old or greater; or
4. Temporary accommodation for workers (including seasonal migrant workers), to support established and viable rural businesses where there is an essential need for a presence on the holding, but no other suitable accommodation is available and it would be of a construction suitable for its purpose and duration; or
5. Full time agricultural and forestry and other rural occupation workers where there is up to date
evidence of an essential need of the business for the occupier to live in that specific location.

Item 2 on the above list might seem promising at first, but there is explanatory text in the Local Plan that specifically excludes garages and ancillary buildings:

Local policy also said:

2.35 Subdivision of the residential elements of dwellings,i.e. excluding ancillary buildings such as annexes and garages, to form additional units, can also help to meet the need for dwellings, but applications will be expected to demonstrate an appropriate level of space and amenity for the new
and existing occupants.

National Policy is currently covered by Paragraph 55 of the National Planning Policy Framework (which you will see has noticeable parallels to your Local Policy… the Local Plans written by individual Local Authorities must always conform to National Policy):

Paragraph 55 of the NPPF said:

55. To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as:

● the essential need for a rural worker to live permanently at or near their place of work in the countryside; or
● where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or
● where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or
● the exceptional quality or innovative nature of the design of the dwelling.
Such a design should:
– be truly outstanding or innovative, helping to raise standards of design
more generally in rural areas;
– reflect the highest standards in architecture;
– significantly enhance its immediate setting; and
– be sensitive to the defining characteristics of the local area.

That leaves you with two options:

1) If the property is your family home, and you can genuinely demonstrate a need for the ancillary accommodation (eg. you need to accommodate an elderly relative), then you might gain permission to convert the garage to a ‘granny annexe’. This would certainly come with a Condition on the planning consent to say that the accommodation can only be used in association with the main household; ie. it can only be occupied by a member of the same family or a domestic servant thereto. After several years, if you can demonstrate that the need no longer exists, it is sometime possible to get such conditions removed, allowing the sale of the property as a stand-alone dwelling.

2) I note from the Planning history of your individual property that it has a Certificate of Lawful Use, dating to 1995, for the use of the dwelling as bed and breakfast accommodation, and also Planning Permission for an extension to the ‘guest house’. The latter is interesting for technical reasons, as it might be considered to establish the permanency of the guest house use (where a Certificate of Lawfulness, technically only confers immunity from enforcement action for as long as the unlawful use continues unbroken… in other words, if there was ever a break in the use of the property a guesthouse, the lawfulness of the use would lapse, and its lawfulness would revert to being that of a private dwelling). If the property continues to be used as a guest house, there is a reasonable chance that you might get permission for the conversion of the garage to form additional guest accommodation. Such a permission would again, certainly come with a Condition stating that it can only be used for this purpose and cannot be used as a stand-alone dwelling, but in the fullness of time (several years), such conditions can frequently be overcome.

[PAUL500]

All interesting stuff, here is the box, think around it :-)

[Equus]

anonymous said:

[redacted]

Yes, but you'd need Planning Permission at both stages (self-contained accommodation does not fall within the scope of Class E PD rights and, as I said, I am certain that any PP for guest accommodation would include a Condition limiting its use to association with the main property).

As I said, you'd do it as a two stage process: first you have to justify and gain PP for the guest or ancillary accommodation. Then, several years down the line, you'd have to justify that the necessity for that accommodation in its original role was no longer there, and that the Condition should therefore be removed to allow the building to serve as an independent dwelling.