Not for separate habitation caveat on summerhouse?

[Claireifie]

Hi

I had a summerhouse built in my garden a few years back. I'd not got round to insulating it etc, but intend this year to have more work done on making it nicer and more useable space.

When I had it built my neighbours insisted on a not for separate habitation clause being included in the planning permission approval.

Ideally I want to make the summerhouse very occasional sleeping acccomodation for my parents-in-law when they come down to visit for few days - they live few hundred miles away. Rest of the time it will just be a gamesroom for us.

Trying to pin down the real meaning of the clause, so I know how open I can be with building regs about my intention for the building, and the inlaws sleeping in it occasionally. Don't really want to antagonise the council and need to keep them on side.

- Does the clause technicallly mean that's not allowed?

I also want to installl a mezzanine level in it, and install some kind of basic sink and toilet in it somehow.

- any ideas how I can keep the type of toilet and sink as basic for keeping building regs happy? The building has electrics but no water supply yet.

I've had other building work done so I've got some idea of planning permission and building regs etc, but my knowledge is a little outdated from 2008. I know I need structural calls etc by an engineer for the mezzanine and buildings regs approval for that. But feel like I'm going into a grey area building regs wise with the clause, that I don't know how much I can disclose my intention for the buildings regs. Obviously how open I can be will affect what I can ask for without getting into difficulties with building regs. Any advice or comments gratefully received.

Thanks

Claire

 

[^woody^]

When I had it built my neighbours insisted on a not for separate habitation clause

Neighbours can't insisit on anything. The decision is based on planning issues and the planner's oppinion/application of planning law.

What does the condition actually say?

"Separate habitation" is not the same as "habitation"

With regards to building regs, these are distinct from any planning regulations. You can get building regs approval for something that does not conform to planning regulations for instance.

 

[Claireifie]

Thanks, I knew planning and building regs are different. But good point that it's possible to get building regs approval for something that doesn't conform to planning regs, I think I may well just be overthinking this!

Sorry I should have quoted the caveat properly. Just gone into the planning portal to go find the docs, and exactly what it said.

"The use of the log cabin hereby permitted shall be ancillary only to that of the main dwelling and it shall not be occupied separately.

Reason to prevent the formation of a substandard dwelling without adequate independent living space, amenities, access, and car parking in accordance with Policy EN1 of the local plan"

Just found policy EN1....

http://www.tunbridgewells.gov.uk/__data/assets/pdf_file/0013/20164/PP_LP_Chapter04_Jun10.pdf

 

[^woody^]

Ancillary means that you can occupy it as part of the use of the house, but can't say rent it out or use it for business purposes.

So you can do the work you propose under building regs, and that won't affect the planning permission unless you use it for purposes not connected to the use of the home.

 

[Claireifie]

Brill thanks for your help, much appreciated

 

[just pumps]

If you go the macerator route for the toilet & basin then just remember to strip search the In-laws for wet wipes every time they come to visit. lol