Neighbour might be splitting property without planning consent

C0lumbo

A house near me was recently sold, and the new owner has been doing lots of renovations including converting an attached garage into a living space.

What concerns me is that they've added a new front door onto that ex-garage which is right next to their old front door. I know they're not planning to brick up the old front door because as part of their renovations they've just put a brand new door in there too.

I suspect they're splitting the property into two which should require planning consent, but there's nothing on the local authority planning portal to indicate they've applied. I would guess they're planning to rent part of the property as an AirBNB or flats.

What I'm wondering is... splitting the property requires planning consent as it's a change of use. However, adding a door is merely an indication that they might be in the process of splitting the property. At what point are they actually breaking rules? Is it only once they start renting it out? Is there some definition of a split property? Can they just get around it by just having an internal door that ostensibly joins the two flats but remains locked closed?

Conceivably they might be turning that garage into a bedroom for an elderley relative and it'd still be fully connected to the house, but the extra front door gives them a feeling of independence. I suppose I'm wondering where the line is... I'm thinking I should just report to the council and let them speak to the neighbour and figure it out.

I have met the neighbour briefly and he seems friendly enough but he has very bad English so it'd be difficult to have a chat to try to figure out what their plans are.

Doozergirl

We're reaching quite far from a separate door to a proper conversion to flats.  They should have Building Control in on the work already and they have their own set of rules to be complied with that are very different between a space for granny, the door to a new utility or a new flat. They will be overseeing that.    

Contact the council if you want to.   Perhaps you should leave it until it's actually a problem to you in reality rather than standing to ruin neighbourly relations on what is currently a very tenuous idea? 

I don't think it's worth us going into the different planning rules when the purpose isn't known and you've thrown up at least three or four.  

elsien

Is it necessarily going to be a problem for you? I only ask because I stayed in what was called an independent annexe but in practice was a converted garage. The owner rented it out on Booking.com or something like that. But I can’t see that it caused any extra issues for the neighbours – it was well converted they’ve got a space on the drive for cars for anyone staying there and unless we rolled up drunk at 3 o’clock in the morning (which could happen anywhere) I can’t see that generally it affected the neighbours in any way?

FreeBear

Doozergirl said: Contact the council if you want to.   Perhaps you should leave it until it's actually a problem to you in reality rather than standing to ruin neighbourly relations on what is currently a very tenuous idea?

It might be a couple of years down the line for it to become a problem. By then, the council would be out of time to take any enforcement action. If the OP has concerns, now is the time to voice them.

Doozergirl

FreeBear said:

Doozergirl said: Contact the council if you want to.   Perhaps you should leave it until it's actually a problem to you in reality rather than standing to ruin neighbourly relations on what is currently a very tenuous idea?

It might be a couple of years down the line for it to become a problem. By then, the council would be out of time to take any enforcement action. If the OP has concerns, now is the time to voice them.

It's four years for planning enforcement.  

Plenty of time to know if it's a problem to the neighbour and also it's built - so the planners can prove whether it needed additional permissions.  

km1500

You don't even need to 'complain' - just ask the council to let you have a copy of the planning consent. If there isn't one, well now they know.

Doozergirl

km1500 said:

You don't even need to 'complain' - just ask the council to let you have a copy of the planning consent. If there isn't one, well now they know.

They don't though.  Because no one knows what's happening apart from the homeowner.  Most garage conversions will fall under permitted development so that isn't going to ring any alarm bells.  And that might be all it is.  

thegreenone

Maybe the conversion would create a precedent? Perhaps, it is going to be an AirBNB and there would be lots of comings and goings every few days with increased traffic and noise?  Perhaps not.  Perhaps it does come under PD? Perhaps it is just Granny moving in?  However, Granny still needs to be in suitable accommodation with fire protection and proper insulation.

If I was the OP, I think I would find photos of the house as it was and as it is now and send a letter to the Planning Office and ask if BRs are in place.  Express concerns about an HMO or AirBnB.  If all above board the PO should confirm that and all ends.

Doozergirl

Planning and Building Control are separate departments doing separate jobs.  Let's not pretend that the OP is concerned about granny's u-values. 

Call me old fashioned, but I still think it's better to wait for a shred of physical evidence before making complaints about people you have to live next to for the foreseeable.  A door is not evidence and it really would need to be a totally separate dwelling with no interconnecting internal door in most circumstances for it to require additional planning consents.  

Using an integral part of your own house as an AirBnB doesn't contravene planning rules.  

thegreenone

Doozergirl said:

Planning and Building Control are separate departments doing separate jobs.  Let's not pretend that the OP is concerned about granny's u-values. 

Call me old fashioned, but I still think it's better to wait for a shred of physical evidence before making complaints about people you have to live next to for the foreseeable.  A door is not evidence and it really would need to be a totally separate dwelling with no interconnecting internal door in most circumstances for it to require additional planning consents.  

Using an integral part of your own house as an AirBnB doesn't contravene planning rules.  

Thank you, I am aware of that.  I should've used the word 'Council' instead.  

The OP won't be bothered about Granny's u-values until Granny's annex catches fire with an electrical fault and causes damage to other properties, because it wasn't built correctly.

Neighbours are entitled to object to building projects and I don't understand why you think the OP cannot even make enquiries. 

I totally respect you and I know you are a Master Builder so perhaps we can agree to disagree on this one.

jrawle

Do you know whether permitted development rights were removed from your properties when they were built? If they are estate houses, it's common for the council to remove the right to convert the garage, so planning permission would be required. If your house is part of the same development, you should know whether this is the case.

It's worth pointing out that councils will not disclose who has reported a breach of planning control, and indeed are not allowed to due to data protection laws. (On the other hand, if they apply for planning permission and you object, your comments are public and you have to agree to this when you submit them.)

Some new neighbours near me are converting their garage and don't appear to have planning permission, despite strictly speaking needing it. They have also made a new entrance, but have removed the old one, and are clearly incorporating the space into the house. As such, it doesn't bother me. However, if they were seemingly going to make it into an annex, I would probably get in touch with the planning department.

There is also a house I walk past most days where it always looks to me that they have added an extension to the side, for which no planning permission exists, but it appears to be used as a self-contained property. It doesn't have an official address and there is no council tax band for it. This does trouble me, as I don't see why most people should have to pay £2000 or more a year while someone else avoids it, given that councils are strapped for cash and cutting services. If they are really splitting the house into two, this is another consideration.