Outbuilding lawful development

[Deleted User]

Hi, I hope someone can help as I have 

davidmcn

[Deleted User] said:

As it currently stands if the outbuilding was to go up in flames and damage our property as it is outside of PD rights due to being used as accommodation this would invalidate their insurance.

How have you come to that conclusion? If they do something stupid and damage your property, that's what their insurance is for. And if they're not insured, you can still sue them. And failing that, I presume you've got insurance anyway.

anselld

What do you mean by "used for accommodation"?  If you mean someone is sleeping there then yes, the Council will take a dim view.  They will not necessarily deny the LDC but they should take enforcement action to prevent illegal use.  They will almost certainly not grant full PP for that purpose either.

However, it would be allowed to use it for eg office, music room, TV room etc, ie uses ancillary to the main house. 

gettingtheresometime

[Deleted User] said:

Thanks for your response. Yes sleeping in there (Nothing like going down your garden or looking out of your bedroom window of an evening/morning to see a man on a sun lounger asleep in a sleeping bag)  I’m more than happy for it to be used as a normal family would tv/office/gym but at the moment its like a doss house.  The developer is using the outbuilding to house his cheap labour, whilst developing the main house, which could go on for months/years as it seems most of the time to be one man.  Could they issue a LDC then enforce the rules? So will I be stuck with the current situation until they issue a LDC? I think your right re the PP very unlikely to get it as accommodation its also in our deeds that no outbuilding is to be used for overnight accommodation. 

Thanks again 

Perhaps I've been listening to too many episodes of The Archers but what do you mean 'housing his cheap labour'?

Jeepers_Creepers

"My neighbour has built a very large outbuilding (which I generally don’t have a problem with) and has now applied for a lawful development certificate, as its apparently under permitted development"

How do you know he's applied for his? Has the Planning Dept sent you (and other neighbours) a letter, or is there a notice pinned up. Or has he just told you?

It can't be easy for him to do this anyway as the building would have to conform to current regs, and they are pretty tight - huge insulation levels, founds and structural standards, etc. 

Surely any application by him would appear in the Planning Dept portal? If it does, submit your objection - based on valid reasons (not stuff like insurance...). The main one will be loss of privacy, I guess.

Tbh, I don't see him managing this - it's effectively a separate house in his garden.

And if someone is staying/sleeping there on a regular basis, you probably have reason to inform the council anyway; I doubt it's considered 'habitable' as it stands. 

anselld

Jeepers_Creepers said:

Surely any application by him would appear in the Planning Dept portal? If it does, submit your objection - based on valid reasons (not stuff like insurance...). The main one will be loss of privacy, I guess.

LDC applications are not subject to public consultation and there is no formal route to register objections.  They are simply considered on the factual compliance of the development with the permitted development rules.

The OP can still report a breach of planning rules at any time regardless of the progress of the LDC application and the Council should still investigate and may take enforcement action if they see fit.

anselld

If this is troubling you, which it clearly is, then *you* need to report it to the Council - search planning enforcement or something like that at your local authority.  You cannot rely on hearsay that a neighbour has done so.  It might not be true or they might not have reported to the correct department.   Preferably in writing, it is harder for them to ignore.

martindow

There was reference to the Archers above and I agree that this smacks of modern slavery.  I would want to at least pass on my suspicions here

https://www.met.police.uk/advice/advice-and-information/ms/modern-slavery/

Builders not being exploited in some way do not normally sleep in outhouses.