Holiday Restriction

gooner63_2

I own a property that has a converted out building with a 10 month holiday restriction.......how easy is it to change to full residential (not very I assume) and how can someone be prevented from living in it full time with a restriction in place...can't really see how they can check up ! I can understand the reasoning behind it having this restriction but can't really see how it is enforced.;)

chickmug

Why did it get the 10 months restriction?

What area is it? Holiday resort or where?

They can do checks but not that often but you never know.

You could phone the planners and ask but this may 'let the cat out of the bag' for you?

PasturesNew

It will have a holiday restriction for all sorts of reasons... one reason might be neighbours ... and if somebody lives in it full time there's always somebody that knows the score and will grass you up.

gooner63_2

The house I live is a conversion with full residential permission, but the outbuilding (a converted grain store) has this restriction on it..........I assume it is due to local planning policy, ie too many full residential in a rural area, as a holiday let it is classed as a business and presumed to be bringing money/employment into the area.........my house is in Cornwall about 2 miles from the North Coast.
Still can't see how they'd check occupation though, as far as I know there is no specification as to when it should be empty !!!

PasturesNew

gooner63 wrote: »

The house I live is a conversion with full residential permission, but the outbuilding (a converted grain store) has this restriction on it..........I assume it is due to local planning policy, ie too many full residential in a rural area, as a holiday let it is classed as a business and presumed to be bringing money/employment into the area.........my house is in Cornwall about 2 miles from the North Coast.
Still can't see how they'd check occupation though, as far as I know there is no specification as to when it should be empty !!!

If it were occupied it'd need to be registered for council tax, rather than the business rates you're on now with Restormel. They don't like changes in planning/restrictions... unless you have one of those brown envelopes.

RLH33

A holiday restriction is almost always put on because a permanent self contained residential use is unacceptable or inappropriate on the site in question. This may be for many reasons, building is too small/doesn't have full facilities for a 'proper' dwelling along with, maybe, no garden etc, too close to neighbours, Green Belt, AONB or National Park etc etc. The description as a 'converted outbuilding' says it all to be honest.

You can let the property as a residential dwelling but it would be an unlawful use and you run the risk of enforcement action against you by the Local Planning Authority if you get caught doing so. You will have to continually let it for 10 years without being 'caught' before you can actually sell or legitimately use the building as a residential dwelling. The chances of you being 'caught' by the local Planning Enforcement Team depends on its proximity to other neighbours and whether they tell on you or you get caught advertising it as a self contained dwelling for let.

One way of enforcing this type of unauthorised use is through the 'visitor book'. Usually on developments such as this there is a condition stating that you have to keep a full record of all the people who stay in the building and that should then show a 2 month break. Admittedly it would be quite easy to falsify such records but the Enforcement Officer would then ask when you were going to have your 2 month break this year and hold you to it, thereby breaking the full residential use and the 10 years would start again.

PasturesNew

He said what I would have done if I had put more effort in

gooner63_2

Thanks for the info........I was just intrigued as how they would find out........I don't rent it out anyway and have no intention of doing so..........I didn't move to the middle of nowhere to have neighbours...........I was thinking ahead a few years and a small out building ( in excess of 2500 sq ft ) with full residential would be a extra selling point.

planning_officer

Also, the Local Planning Authority may choose to send you a Planning Contravention Notice (PCN) at any point if they suspect a breach of planning control. This will ask a series of questions, say, details of all occupants over the past 2 years or how many months it remains empty. Failure to answer a PCN within the given timescale, or to answer any question untruthfully, is a serious criminal offence and not worth the risk at all!

Davesnave

People 'in the middle of nowhere' often do exactly what they want. I know of several cases where family members have lived in outhouses and sheds, for years, though this has conferred no status on those buildings.

In situtions like yours, there is always the hope that rules and regulations will be 'streamlined' some time in the future, especially if they become unenforceable as a result of cuts in public expenditure. After all, to keep tabs on all these minor restrictions, there has to be someone with time to prepare cases, attend hearings etc etc. Without wishing to offend planning officer, who is extremely helpful on this forum, I can't see the inevitable future public service cuts missing planning departments of local councils.

Difficult choices will have to be made!

Just my opinion, but I'm putting money on it in a slightly different way....;)