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Log Cabin as teenager bedroom , planning ?

Discussion in 'Building Regulations and Planning Permission' started by Govinda morin, 25 Jan 2020.

  1. Govinda morin

    Govinda morin

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    Hi

    We own a 1 bedroom maisonette and are looking to extend into a 2 bedrooms maisonette, planning application is submitted.
    We have a Garden long cabin , 3 x 5 , from dunster house , insulated and wired by electrician , double glazed , heated ect.. it was only used as an office.
    We just had a baby and my 17 years old wants to use it as his room as we had his room in lounge ( and had no lounge ) and now he just wants a peaceful place to study.
    Planning officer came to take photos for application and reported us for use of outbuilding as dwelling as he has a sofa bed which he used from time to time as baby is up at night.
    The reported is to enforcement and threatening us now.. so we have to get rid of the sofa bed ! And he’s forced to come in and endure the baby up at night.
    How do we make all this Legal ! How can we make use of the outbuilding as his room ?
    can it be a retrospective Planing application ? It didn’t need it as an office , but as a bedroom ? I read about Granny Annexes..

    The council is being really unhelpful and actually intimidating and slightly bullying during their visit. I don’t want to ask them for advice.

    Please help ? Thank you
     
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  3. tony1851

    tony1851

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    Your problem is that to qualify as permitted development, the outbuilding has to be for a purpose "incidental to the enjoyment of the dwelling". This means it cannot be used for a purpose which could be accomodated in a normal house, such as a lounge or bedroom. It could, though, be used for purposes such as a gym, garden tool store, accommodation of pets, storage of holiday equipment such as skis, bikes, canoes etc.
    All you need to do at present is to remove the sofa bed and anything that might make it look liveable, and then tell them you are going to use it as a garden store.
    It's highly unlikely they would take enforcement action - the guy who came from planning is just the ususal little $h it who enjoys threatening others that you often find in local government.
    Once the dust has settled with your present planning application, move the lad back into the cabin and forget about the council - they don't send people out every night checking where you are sleeping.
     
    Last edited: 25 Jan 2020
  4. ^woody^

    ^woody^

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    .. the OP needs to move into a house! :rolleyes:
     
  5. tony1851

    tony1851

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    Quite correct - silly me. No PD rights.:oops:
     
  6. ^woody^

    ^woody^

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    Ask what time the officer wants to come and inspect the shack with the sofa bed removed, and just remove it for that time.

    No planners could risk enforcement on such a tenuous assumption.

    However to use for living accommodation you would need building regulations, which could be more onerous.
     
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  8. Govinda morin

    Govinda morin

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    Thank you for your help and advice.
    We are dismantling the day bed as they asked and going to have him sleep inside and loose the living room to him fir a while. He won’t be too happy about it as he’s 17 and loves his garden room. But most comply with them as they might give us as they said and they already have rejected the planning application for our extension on this basis. So we are reapplying.
    But looking forward I believe the best would be to apply to have it as an annex. We are prepared to pay we just don’t want to do it in vain.
    We could just wait for it to settle down but will always have their threats over our heads..so if there is a way it would be great.
    Would anyone know what procedure we need to follow in order to do that and what are the non flexible rules when it comes to dwelling annexes ? Thank you
     
  9. ^woody^

    ^woody^

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    The situation you are in at the moment is that there is no proof of anything - and that's important to remember as the onus is on the council to prove that you are using it for what they believe you are using for, not for you to prove that you are not. A sofa bed in a shed is no proof of anything. And when you think about it, how are they going to prove their ascertions?

    The problem with apply for permission is that you need to be sure that there is actually a chance of getting it, as if its refused it can be more onerous than never having applied in the first place.

    And be mindful of whether it can be adapted to meet building regulations or not. It's no good applying for planning permission for one thing and then finding that it needs to be altered to meet building regulations.

    In the meantime, the old adage applies ..... say little, admit nothing.
     
  10. mrrusty

    mrrusty

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    I agree with Tony & Woody. I would NOT apply to make this an annex - I doubt you will get approval and it just continues to draw attention to it. He can spend all day in it as a garden/hobby outbuilding quite "legally".
     
  11. Notch7

    Notch7

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    So its only been reported because the planning officer spotted it, not some nosy neighbour.

    just tell them you have removed the bed, converted it to a 'workshop', 'garden cabin' or somesuch.

    I cant see it being checked again -wait a bit until the jobsworth is bothering somebody else and put the bed back in.

    In the meantime, tell your son if does all the cleaning and cooking for a month in your maisonette you might be able to let him move back in the cabin
     
  12. napoleondynamite

    napoleondynamite

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    I'm not clear what the situation here is. As your property is a maisonette rather than a house, any outbuilding for any use would need planning permission. The outbuilding would only be lawful if it has been in situ for 4 years or more- in that case it gains lawful status through the passage of time. If that is the case, you are free to use the outbuilding for ancillary accommodation. Using it as a bedroom with the occupant still living as part of the main household, consuming meals etc with the family - would be ancillary and lawful. This type of use would not constitute an annex.

    If the building has been there for less than 4 years its more tricky, then the whole thing is unauthorised and could be subject to enforcement action if the council wanted to pursue it.
     
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    DIYnot Local

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