Certificate of lawfulness - any help?

TheCyclingProgrammer

I'm planning to have a garden office constructed at the end of September.

All of my research indicates that this should be permitted development (it meets all of the size and location requirements) and I've also spoken to my local councillor who enquired with the duty planner and they also advised it was probably permitted development but that if I wanted a formal statement I should apply for a certificate of lawfulness.

The reason why this is a bit fuzzy is all down to the fact that the outbuilding must be "incidental to the enjoyment of the main dwelling house". It seems that some councils choose to interpret this a bit more strictly than others. In theory, a small outbuilding used as a home office (just a desk, small sofa and a computer) with occasional leisure use, with no employees and no visitors should be fine. However I'm risk averse so have decided to apply for a certificate of lawfulness anyway.

I've never submitted any kind of planning application before so its a bit gobbledygook to me. I've filled it out as best I can online and was wondering if anyone with experience in such matters could let me know if I've filled it out right?

The pertinent questions, with my answers are:

Please explain why you consider the existing or last use of the land is lawful, or why you consider that any existing buildings, which it is proposed to alter or extend are lawful.

The current plot forms part of the existing rear garden and additional parking area for the property and is residential in nature.

If you consider the existing or last use is within a 'Use Class' in the Town and Country Planning (Use Classes) Order 1987 (as amended) state which one:

C3 - Dwellinghouse

If you consider the proposed use is within a 'Use Class' in the Town and Country Planning (Use Classes) Order 1987 (as amended), state which one:

C3 - Dwellinghouse

Why do you consider that a Lawful Development Certificate should be granted for this proposal?


The proposed outbuilding is permitted development under the Town and Country Planning Order 2015.
Outbuilding fulfills the size and location criteria for a Class E outbuilding (please see attached evidence concerning suitability of site and location).
Use of the building as a home office (clerical work only, with no visitors or employees) and occasional leisure use by the applicant and his family is incidental to the enjoyment of the main dwellinghouse.


Description of proposal:

Construction of a timber framed garden outbuilding in rear garden of dwelling, with an internal floor space of 3 by 3 metres (9 m2 total floor space) and an overall footprint of 3.2 metres by 3.7 metres (total footprint 11.84 m2). The rear of the office, along with additional fencing, will form part of a newly defined garden boundary as part of a garden landscaping project, with the entire garden wholly contained within the overall site boundary (see site plan and garden landscaping plan showing location). The building will not encroach on the existing right of way used by the occupants of 44a and 44b to access their properties.
Building will have a flat roof with an EPDM roof covering, drainage to the rear and will be finished with western red cedar cladding to the front and left (visible from within the fenced garden boundary) and redwood cladding to the right and rear (visible from outside the fenced garden boundary).
The building will be supplied with power and data cabling from the main dwelling house and will not have any water supply or living accommodation facilities.

Does the proposal consist of, or include, a change of use of the land or building(s)?

No

In terms of supporting documents, I've included:

* a location plan (which is required)
* an unannotated block/site plan
* an annotated plan showing the location of the office building
* a copy of our garden landscaping concept plan which shows the location of the office in more detail at a bigger scale,
* an overview/covering letter stating in detail how the building meets the criteria for Class E permitted development
* designs/drawings of the actual office building
* photos of the proposed location

I'm pretty sure this covers anything - have I missed anything important? Thanks!

System

They'll ask you for more if they need it, looks fine on the face of it - you have referred to is as "office" so maybe change that, also would change the use of the word boundary to garden edge or something, so as not to confuse with any formal planning boundaries...

TheCyclingProgrammer

the_r_sole wrote: »

They'll ask you for more if they need it, looks fine on the face of it - you have referred to is as "office" so maybe change that, also would change the use of the word boundary to garden edge or something, so as not to confuse with any formal planning boundaries...

Thanks, I've changed "garden boundary" to refer to "garden area" (though it should be apparent from the site plan that I do not mean the property boundary) and changed "office" to outbuilding except where I describe it's primary use.

parking_question_chap

the_r_sole wrote: »

They'll ask you for more if they need it, looks fine on the face of it - you have referred to is as "office" so maybe change that

Why? Its not as if it would alter the decision, given that its just for personal office use.

If the whole point of getting this lawful certificate is that OP wants it legally confirmed that building and using it for home office is lawful. Having a decision notice without the word office seems to defeat the objective.

If it were me I would just call it what it is, something like "construction of outbuilding for use as personal office ancillary to residential dwelling".

TheCyclingProgrammer

parking_question_chap wrote: »

Why? Its not as if it would alter the decision, given that its just for personal office use.

If the whole point of getting this lawful certificate is that OP wants it legally confirmed that building and using it for home office is lawful. Having a decision notice without the word office seems to defeat the objective.

You're right. I've ensured I still describe my use of the building as a home office on the form and in my supporting documentation.

The important thing I think I need to make clear is that the building will only be used by me and my family and that it will not receive visitors or have other employees working there (I do run my own software development business and primarily work from home but I do not have clients visiting me or anyone else working for me).

The first email my local councillor received from the duty planner stated:

If the resident proposes to use the building solely as an office it is likely planning permission will be required. I suggest he provides us with further details of his address, position of the building, its height and dimensions plus further details of his office use.

After providing more details, it was stated:

Provided [the use] is “incidental to the enjoyment of the dwellinghouse” then fine. This could include working from home, however if that entailed deliveries, visitors etc. then that would probably be a material change of use requiring Planning permission;

The primary use for the building is as a home office during the week although I am paying for it personally, not through my business. It will have non-business recreational use too.

System

parking_question_chap wrote: »

Why? Its not as if it would alter the decision, given that its just for personal office use.

If the whole point of getting this lawful certificate is that OP wants it legally confirmed that building and using it for home office is lawful. Having a decision notice without the word office seems to defeat the objective.

If it were me I would just call it what it is, something like "construction of outbuilding for use as personal office ancillary to residential dwelling".

Descriptions in Planning has to be absolutely accurate, calling something an "office" or referring to office use is likely to cause confusion and potentially harm an application for ancillary domestic accomodation, a home office isn't a description that is useful in this context. In my experience it's much easier to use language that can't be misconstrued by planner and has no possibility of interpretation. Stick to the language used in the policies you are claiming to satisfy.

TheCyclingProgrammer

the_r_sole wrote: »

Descriptions in Planning has to be absolutely accurate, calling something an "office" or referring to office use is likely to cause confusion and potentially harm an application for ancillary domestic accomodation, a home office isn't a description that is useful in this context. In my experience it's much easier to use language that can't be misconstrued by planner and has no possibility of interpretation. Stick to the language used in the policies you are claiming to satisfy.

I've tried to use the term "outbuilding" throughout, except where I state why I believe it to be lawful:

Use of the building as a home office (clerical work only, with no visitors or employees) and occasional leisure use by the applicant and his family is incidental to the enjoyment of the main dwellinghouse.

I'm not sure how else to refer to this other than a "home office". I run my own software development business, I some times work on client sites, I often work from home. My current "home office" is a spare bedroom. This will become my new "home office" although like the spare bedroom, it will not be used exclusively as such.

In my supporting evidence, I have included the following overview:

This application is for a Lawful Development Certificate confirming that the proposed outbuilding is lawful under permitted development as a Class E outbuilding.

The building is being constructed as part of a wider re-landscaping project for the main rear garden of the property. The outbuilding will form part of the rear boundary for the new garden area. The building and new fencing is wholly contained within the overall property boundary, as shown on the location and site plan.

Included within the supporting evidence for this application is a site plan showing the location of the new proposed outbuilding as well as a more detailed design concept plan for the new garden, showing the size and position of the building within the context of the new garden space in more detail.

And where I outline how I believe the building meets all of the requirements for a Class E structure (mainly size and location relative to the overall plot), I add:

Is the purpose of the building incidental to the enjoyment of the dwelling house? YES
* Building is for use as a home office during the week by the applicant when working from home, and for occasional leisure use by the applicant and his family.
* The building contains no living accommodation facilities or running water.
* The building will receive no visitors and will have no direct access.

System

You mean you currently use the second bedroom as a study...?
Given you're risk adverse, maybe you do want to describe it as a home office, I've always found that description results in a can of worms being opened regards proving the nature of your business

TheCyclingProgrammer

the_r_sole wrote: »

You mean you currently use the second bedroom as a study...?

It's very definitely a home office/spare bedroom but I suppose to me home office/study are interchangeable.

Given you're risk adverse, maybe you do want to describe it as a home office, I've always found that description results in a can of worms being opened regards proving the nature of your business

I'm happy to provide whatever details the council need WRT the nature of my business though it's pretty simple. I sit at a desk with a computer and write software for my clients. Sometimes at home, sometimes in their office (but mostly at home). I have a Limited company, the nature of it's business is public information. I have no employees.

If I was less risk averse I'd be inclined to just forget the certificate of lawfulness altogether - I know it meets the size/location requirements for permitted development and none of my neighbours have any objections so its very unlikely any questions would ever be asked and of course after 4 years there's nothing they can really do anyway.

I do have a supportive local councillor who lives down my street should there be any issues but hopefully not.