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Planning issue with granny annex

We are in discussion with planners regarding a 'granny annex' on our property. We have lived here 16 years. When we purchased previous owner had rented out main house and was living in flat above our large detached garage and running a business from there (factory in garage, offices, kitchen, bathroom and bedroom above) though his consent was for residential garage with 'games room' over (we have been told the term 'games room' is not recognised in planning terms?). Before we purchased we contacted planners and were told basically that so long as we weren't running a business Andre were using accommodation as part of our house we were okay. Our 38 year old daughter, who has always lived with us, recently got married and now occupies this annex with her husband and baby son. This suits them as they cannot afford to buy in the current market and it suits us as we are both 65 and getting old. They pay no rent- just their share of heating/lighting bills. They are in effect 'living in' like many others have had to. We still use the annex when we have visitors as it has spacious open plan accommodation and we spend a lot of time in the annex, sharing some meals, watching tv and generally socialising with our daughter and son in law. There is no issue with parking as all cars are parked in the garage and we are not noisy or throwing big parties yet planners claim someone has complained about us using annex to sleep in. We are concerned now that planners will prevent us from using this annex as we feel we are doing no harm to anyone - we have no intention of using this annex as a separate property to rent or run a business. Any advice?

Comments

  • Hoploz
    Hoploz Posts: 3,888 Forumite
    As far as I am aware you can sleep in an annex ... But it has to be ancilliary to the main house, ie you could probably get away with it as you're all family and you use it together, but if you were to rent or sell it as a separate dwelling then you would require planning for that.
    But I don't understand why the planners are contacting you except maybe they or the nosey neighbours think your relatives are not relatives??
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    You haven't got an annexe. You have a two storey garage not a habitable dwelling.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • justjohn
    justjohn Posts: 2,260 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 30 August 2014 at 11:12AM
    Find out what the planning department wants from you. if its not what you want then.....


    you need to put an application in for change of use to "granny annex"


    one complaint does not mean it will be refused.
  • If you've lived with this setup for the past sixteen years, you should gather evidence to demonstrate this (this could include a statement of truth). I'd have thought you would get a Certificate of Lawful Development for it, on the basis of the sixteen years. This regularises the planning situation.

    see

    https://www.planningportal.gov.uk/uploads/appPDF/Help014_england...

    What's the issue with the neighbours - is it the baby crying?
  • Would they not have to pay council tax for it? There was a thread on here yesterday about a garden annexe having to back pay council tax.
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