Dwellings, kitchens, planning permission

[Drellingore]

Oftentimes LPAs have legitimate reasons for allowing an annexe/ancillary space, but rejecting that same building if designed as a dwelling (ie with a kitchen and bathroom, so as to form self-contained accommodation).

 

Planning permission isn't required to add a kitchen or a bathroom to a building, is it? That seems like a fairly glaring loophole to me - surely people wanting to work around that constraint would just add those functions after the building is complete? It's piqued my interest as it suggests that I'm missing something about the planning process, and I'd prefer to fill in the gaps in my knowledge.

[PeterW]

Add a toilet into a building with a sink (and space for a shower with a floor gulley already installed) as part of your original plans along with a provision for a utility sink - none of which is unreasonable in a garage or outbuilding.

 

Then when it’s signed off, you add a shower tray over the floor waste, and then put a self contained kitchen such as one of these into where the utility sink is - again not required to be notified.

 

https://elfinkitchens.co.uk/product-category/cupboard-kitchen/

 

 

 

 

[IanR]

41 minutes ago, Drellingore said:

Oftentimes LPAs have legitimate reasons for allowing an annexe/ancillary space, but rejecting that same building if designed as a dwelling (ie with a kitchen and bathroom, so as to form self-contained accommodation).

 

My experience is that an LPA may have no issue with an annexe that is ancillary to the residential dwelling and could include the kitchen and bathroom, but would not allow the same out-building to be a separate residential unit that could be split from the principle dwelling and sold. The issue being the creation of an additional residential unit.

 

Once a building has planning for residential, it can undergo internal only changes, without planning, as it is outside the planning definition of "development" (as long as it doesn't materially effect the Use Class)

[Drellingore]

2 minutes ago, IanR said:

would not allow the same out-building to be a separate residential unit that could be split from the principle dwelling and sold

 

Ah, okay. So do you think that in such a situation an LPA would look at the plans, see this ancillary building, pre-empt that someone might try and turn it into a separate residential unit/dwelling, and put in a planning condition preventing it from being sold separately? Or is there some step in the process of splitting a title that involves getting the LPA's approval?

[IanR]

8 minutes ago, Drellingore said:

turn it into a separate residential unit/dwelling, and put in a planning condition preventing it from being sold separately? Or is there some step in the process of splitting a title that involves getting the LPA's approval?

 

It's the type of planning permission that allows it to be a separate residential unit, the LPA don't need to get involved after they've permitted the creation of a space "Ancillary" to the main residential unit, or add any additional conditions.

 

The Land Registry would allow it to be separated on to its own Title, but if someone bought it and lived in it, they'd be in breach of its planning permission and would likely end up with an enforcement action against them.

Edited February 8, 2023 by IanR

[DevilDamo]

In terms of Planning, you’re assuming they would carry out an inspection of the completed building, which they wouldn’t. Your potential issue could be if/when a Building Regulation application is submitted.

 

Some LPA’s allow annexe’s with self contained facilities while others do not. I’ve been on the receiving end of both which makes it more difficult to try and explain the reasons for refusal to clients.