Garden annexe PP

[orkenny]

Hello all,

 

This is my first post. I am about to start a project to build a small wooden cabin in my garden. I am in Scotland and may (probably will) use it as self catering accommodation. I have a query and hopefully someone could advise.

 

There are 2 ways I could approach this, go for planning and build something approx 40m2 or go down the general permitted development route. My site is 0.8 acre and I have plenty of room. If I go for PP and get it then great but I have the back up if not. The advantage with the PP route is that I would be able to site the hut in the corner where I really want it and it is more straight forward for access and services. It is also above and fairly close to the septic tank as well so that is good.

If I was to use the GPB way then the cabin would be closer to the house and be below the tank but there are solutions to this although I would rather not go this way. However the bonus with this way is that a warrant would only be needed to cover the connection to the waste drain and any combustible appliances and as I am planning to have a log burner then that would be all. Another downside is that I would have to create a long ish path to the cabin for guests, it is do able but again more work and expense.

I think overall the PP route is much better and I'm sure when the day comes to sell the house if the additional building had all the paperwork it would be better.

 

My question at this stage is: If I was to get PP then what aspects would need to be covered on a building warrant, would it be everything or just what I have mentioned above and electrics etc?

 

Thanks in advance folks. 

[ProDave]

Regardless of PP, have you thought about building it as a "portable building" so in law it is treated as a "caravan"  you can build up to 100 square metres like that without a building warrant as long as you stick to the legal definition of a "caravan" (which does not require it to be on wheels)

[orkenny]

Hi ProDave,

 

Yeah we have looked at that but the I read that it could only be booked from April - October? And these are exempt from building regs? I'm up in Orkney by the way so it will need to be well built!

 

[ProDave]

I would have thought there was a pretty good chance of getting PP for self catering in Orkney.

 

It could then still be built as a "caravan" once you have PP.  

 

Look at @Crofter blog,  That is exactly what he has done, built under the definition of a "caravan" with only a building warrant needed for the drainage connection

 

 

Edited September 13, 2019 by ProDave

[andyscotland]

35 minutes ago, orkenny said:

 However the bonus with this way is that a warrant would only be needed to cover the connection to the waste drain and any combustible appliances and as I am planning to have a log burner then that would be all.

 

I'm not sure that's correct. I asked my council about something similar recently and they said that the exemptions are all-or-nothing.

 

The BCO said this was part because e.g. installing a combustion appliance isn't just the appliance, it has direct impact on e.g. insulation, fire safety, ventilation etc. And part because the exemptions are really so that you can build an actual shed without getting them involved, but without creating a loophole that would allow you to build something non-compliant and then live in it / rent it out. He said essentially if it doesn't have loo or heating it suggests it won't be slept in (at least, not regularly). But if it does then chances are it's intended to be accommodation so needs checked like any other building/extension and they'd expect a full warrant submission showing compliance with all the regs.

 

That may not be a definitive answer, Edinburgh council are known for being quite picky, but you might want to double-check.

[orkenny]

Thanks guys. I'll need to have a quiet word with my pal who works in building control I think.

[ProDave]

This is the Highland Council document on the subject.  It makes it clear this is a building for human habitation and only the drainage needs a building warrant,

 

https://www.highland.gov.uk/downloads/file/1346/bst_018_caravans_and_mobile_homes

[orkenny]

Thanks Prodave. I've just looked at Crofter's blog, what a stunning project. 

 

I just need to look further in to what Sensus mentioned regarding having PP if it it used as self catering. Crofter's hoose is let out and there are certainly various caravan type buildings here used as self catering too. 

[the_r_sole]

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Edited September 26, 2019 by the_r_sole

[Ferdinand]

1 hour ago, the_r_sole said:

I've got planning for a few self contained annexes and they will usually condition them so that they can't be rented out long term - off the top of my head, the last one i did said  something like it couldn't be rented out for a period of three months or more continuously to the same person or a relation of them

 

That is problematic under the new endless tenancies in Scotland. I think. TBF it would not have been easy under the old law either.

 

I am not sure how they draw the line between short term tenancies (ie long holidays) and residential tenancies.

 

And I am not sure how anti-AirBnB laws will affect things. Scottish Govt are stirring the pot on that. 

Edited September 13, 2019 by Ferdinand

[orkenny]

I've had a couple of emails with an architect this morning. He suggests building the 'mobile home' and then if need be apply for a change of use to self catering. As it would already be sited the council couldn't ask me to move it.......  I am waiting his reply regarding a warrant.  

[andyscotland]

1 hour ago, Ferdinand said:

 

That is problematic under the new endless tenancies in Scotland. I think. TBF it would not have been easy under the old law either.

 

I am not sure how they draw the line between short term tenancies (ie long holidays) and residential tenancies.

 

And I am not sure how anti-AirBnB laws will affect things. Scottish Govt are stirring the pot on that. 

 

You're right that if you allow one of the new Private Residential Tenancies to be created then you would have a problem terminating it to meet the 3 month requirement, as that's not one of the valid grounds.

 

So you would need to make sure up front from the beginning that it didn't count as a Private Residential Tenancy. There's a few routes to that:

• It's only a PRT if the tenant lives in it as their only or main home
• It can't be a PRT "if the purpose of it is to confer on the tenant the right to occupy the let property for a holiday"
• It can't be a PRT if there's a resident landlord, for example "would not be regarded as a separate dwelling were it not for the terms of the tenancy entitling the tenant to use property in common with another person"

The first could be tricky - you could let a tenant in without knowing if they have an only/main home elsewhere, or they could give up that home once they've moved in.

 

The second is probably fairly straightforward in most cases if it was clear on paper upfront that the tenant was coming for a holiday. Even if they're a couch-surfer with no permanent home elsewhere, if the situation was clear from the outset that would probably give a get-out. There's no definition of holiday or specified length, so I suppose it could end up in court if there's a reasonable argument either way. But courts would probably take a view based on what was expected and agreed originally, unless that had obviously been constructed artificially to get round the legislation?

 

The third might well also apply if there's a planning consent attached. Even if the building is standalone and self-contained (so not "shared accommodation" in a common sense) I think you could reasonably argue it can't be regarded as a separate dwelling if the planning permission explicitly rules out that possibility.

 

So I suspect there's routes around it but would definitely be worth being cautious/clear before accepting anyone for a long stay particularly if e.g. they want somewhere to stay while house-hunting or working on a temporary contract.

[ProDave]

When defining it as a "caravan" keep planning and building control separate.

 

Planning only need to know the size shape and appearance of the building.  If it happens to be of such a size that it could be built as a "caravan" there is no need to even mention that fact on the planning permission.

 

Once you have planning, you can decide to construct the building conforming to the legal defenition of a caravan and thus avoid a lot of building control issues, but that is a separate matter to planning.

[ProDave]

10 minutes ago, Sensus said:

 

It's an interesting point, but I'm not sure that you can.

 

Both Building Regulations and Planning rely on the Caravan Act for their definition of what is a caravan.

 

Neither Planning nor Building Regulations are allowed to grant 'permission' for something that doesn't require it - it would be ultra vires for the Authority to do so... so if you're claiming 'caravan' exemption under the one, I think you have to be consistent and claim the same exemption under the other, too.

A company I did some work for took that approach.

 

I would be interesting to see what others on here have done.  @Crofter what did your PP say?

[Stones]

@orkenny - Welcome, nice to have someone else from Orkney on the forum. 

 

Have you had a look at the local development plan and policies? If it is your ultimate intention to use the cabin as a holiday let / self catering you are going to need planning permission.  If memory serves, you are going to need to show  justification or requirement (increased visitor numbers predicted with RET [if we ever get it] has not in the past been accepted as justification or need). Even if building within the curtilage of your dwelling house (which may not extend across the entirety of the 0.8 acres you own) PD would not cover that type of 'use'.  

 

The easiest and quickest way to get an answer on the planning side would be to email a query into Development management, setting out what you propose and whether policy and development plan would support it.  Usually a reasonable turnaround of such enquires. Alternatively, make an appointment or go to School Place between 09:00 and 10:00 or 16:00 and 17:00 and ask to speak to the duty planning officer.  

[Crofter]

On 13/09/2019 at 13:57, ProDave said:

A company I did some work for took that approach.

 

I would be interesting to see what others on here have done.  @Crofter what did your PP say?

 

I just used the term 'one bedroom dwelling'.

The notes that came back from the planners said that they were assuming that it was prefab, but they noted that this had not been specified either way. PP was granted with no conditions or objections.