Options for Self contained annexe

buffrey

Hello,
Complete newbie here.

We recently requested (and got) planning permission to update our barn and make it into a useable space. As part of the planning a condition was set that states:-

The development hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling and shall not be occupied as an independent dwelling unit.

We, after building the space, added a kitchen and bathroom, which the council are stating breaches this rule (we also put it on AIRBnB after being recommended by a friend)

After chatting with the council they're indicating it is a self contained unit and to comply we need to remove the kitchen (or bathroom)

I was wondering if there were any other options as we are happy for it to be only our own use, so happy to not rent, but love the kitchen area as we stay over ourselves.

From the brief chat I asked if there was a way to get the condition lifted and he implied that there was not enough space between house and barn for it to be allowed and would most likely get refused.

Anyone had any similar issues and/ or thoughts?

AdrianC

The kitchen and bathroom aren't necessarily barred per se - but they are being taken as showing that you intend to use that space as an independent dwelling, rather than it simply being a bit more space for the main property. And that's a breach of the PP conditions.

Putting it on AirBnB as a self-contained unit definitely rides a coach and horses through the condition, and if they've picked up on that, it won't help at all when you say that you're very sorry and have learnt your lesson and honestly definitely won't let anybody use it independently...

If it's right next to the main house, then your argument about "staying over" seems a little contrived, and the planning inspector simply won't swallow it.

buffrey

Yes, it is for personal use as a whole but soon mentioned AirBNB so thought we'd have a look at it.

We have stayed 3 times this year, but as I say appreciate the stance from the council. I just wondered what else I could do about it if anything.

AdrianC

If you're saying "We are staying in this property rather than the main property", then that's a tacit admission of using it as an independent property. Which you can't do.

eddddy

buffrey wrote: »

After chatting with the council they're indicating it is a self contained unit and to comply we need to remove the kitchen (or bathroom)

Often, in similar circumstances, people just remove the cooker (and/or cooking appliances) to make the room into a 'utility room' or 'laundry room' instead of a kitchen.

That may be enough to satisfy the council planning department.

buffrey

Thanks for the reply Eddy,

Yes, I think thats the route they suggested, removal of fridge and cooking facilities, i was just wondering if there were any other options, even if it means listing it separately in any way... not that I want to do that.

AdrianC

What do you mean by "listing it separately"? Do you mean saying "No, it's a completely separate property"? If so, then not a hope - because they don't want it to become that via the back door, hence the condition...

You need to accept that you ONLY got PP for it as long as it is simply used as a bit more space for your main home. Not somewhere to "stay over", any more than you would "stay over" in your spare bedroom once in a while.

If you want to AirBnB it, then you can do so in the same way as you would your spare room. Which is not self-contained with kitchen etc.

Yellow_mango

So when you “stay over” is that because you have let out the main house?

eddddy

buffrey wrote: »

i was just wondering if there were any other options, even if it means listing it separately in any way... not that I want to do that.

The other way would be to get planning consent for a separate dwelling (or for holiday letting).

But it's very likely that your council wouldn't grant consent for either of those.

The council is 'making a fuss' because they don't want you to create a separate dwelling or create a holiday let.

buffrey

So when you “stay over” is that because you have let out the main house?

Stay over as in a little break fro the house as its nice, not a holiday as such... but the option to have the family in there.. We haven't and will not let the main house, no.

I agree it seems unlikely the council will grant the consent, just wondering if there is separate consent that could be given that could allow the amenities (so my mother in law could stay there for example) but also keeping conditions it could not be hived off and sold

AdrianC

Yes, your mother in law can stay there - as if she lived in your spare room.
But she cannot live there as if she was living in an independent "granny annex".