Council tax constitute planning granted

19 Sep 2011
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United Kingdom
Hi All who are reading.

I have a situation arising where I am starting a planning application for a holiday let, my property which is semi detached is a smallholding of 2 acres serviced directly with a very short shared drive and then through seperate gates, of a trunk road....I previously gained planning permission for a detached garage and part of the consultation was highways asking about additional vehicle movements etc,

My previous neighbour also built a detached garage and when his mother in law became ill he applied under permitted development to convert the garage into a respite type accomodation for her....planning wrote to him saying that was fine but usual ancillary to main house, family only, not for commercial or holiday conditions were applied. He sold up a couple of years ago and our new neighbours who we now know quite well were told by our local authority that the Annexe/garage was given a band A council tax charge that was seperate to the band D charge, our neighbours have since embraced this as basically a dwelling in its own right and have sectioned it off and given it a patio and gated entrance. I have noticed from our electrol register that the property seems to exist in its own has an address listed as a as its own bins etc.. and it generates this council tax banding income. the neighbour as a full time tenant in there and collects a monthly rent.

I now have this issue with the fact my own planning application is going to be potentially refused as there are now additional vehicle movements from this (bona fide) property that in reality as just appeared from thin air without any history through the local council planning procedures...neighbour is hinting that this lodge now its got an address may have its own PD rights or even a complete rebuild into a 3 bed detached...again good luck to them, however I dont want to be a dobber inner, but know already that highways will clearly see that this other property exists at our postcode and would comment adversly to additional vehicles.

I do hope this makes sense , hope to have some feedback or advbice .
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not sure if i have explained it properly, few key points
1. we are a pair of semi detached properties (smallholdings) that are accessed just off a main trunk road by way of a 10m shared drive and then splits into a gateway each
2. Neighbour on purchasing was told the annexe (which was originally a detached garage but given PD to convert for family ancillary use) was told that the annexe was given its own council tax banding, so my new neighbour was having 2 no council tqax bills.

3. The annexe now appears on electrol register under our postcode and as bins etc, new neighbour as fenced and gated it so in reality it appears as its own entity and indded as a full time tenant unrelated to him residing there.

4. My neighbour feels that he as PD rights on this annexe as it exists in its own entity, and possibly wantys to enlarge to a 3 bed.

5 (the crux) because this annexe exists I know it will be detro to my own application because highways willl (and do not) want more vehicles joining the trunk road where we live ( its not a great entrance.)
You've explained it reasonably well, but is there a question?
No one on here can reasonably know what the outcome will be, it's a fairly unique situation. All you can do is apply and take it from there.
My experience, FWIW, with an old cottage that has always been "attached" to the main house is that possession of an individual address is entirely through the local postman and also the council electoral register officer. You just tell them what the address is and who lives there and it's done.
No one consults or checks with anyone else. That's how it's been here since about 1780 anyway.
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The owner may have wrangled an individual address for the granny flat, and there may be an individual council tax charge. But in planning terms there is a concept of a planning unit, which would mean that the granny flat would remain as part of the main house grounds and not obtain additional individual planning rights such as PD.

In which case the assessment of traffic would be as a single house.

However I can't see any reasoning to refuse an application based purely on traffic to a house, as its possible that such a house could have in excess of six vehicles, So that's 12 vehicles potentially down that lane, not just three of four.

But there may be other reasons to refuse a holiday let. You'll just have to see what the decision is and whether it's valid.

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