Planning permission / change of use?

[DixyD]

I have sited a shepherds hut in the rear garden of my house.
Back in 2012 I extended a small detached annex within the same garden and applied for planning permission for change of use to holiday let accommodation which was granted. The red line curtilage went around the whole garden.
The shepherd hut falls within permitted development.
Following a complaint by a neighbour the local authority enforcement officer visited the site and confirmed the shepherds hut was legitimate PD, but stated that I would have to apply for full planning permission if I was to let the shepherds hut.
I have asked the question what am I applying for as the hut is PD and the land has planning permission for business/holiday let use, but have not as yet got a reply.
Am I right in thinking the land has planning permission as it is within the redline of the previous approved planning application? Or can anyone suggest what I am being asked to apply for.
What would happen if I let the hut prior to applying for planning?

 

[LukeB123]

I am not entirely clear on what your getting at with the post, so just a few questions ;

- Was the shepherds hut there before you gained permission for the holiday let?
- Are you planning to let this shepherds hut out for a holiday let type deal (as per the other annexe)

As I see it, the "land within the redline" (from the previous application) doesn't automatically change to holiday letting use. It will be a seperate use, and all the land around it will still be curtalige to the original dwelling house and remain C3, unless specifically mentioned within the description on the planning application.

Your Shepherds hut you have now will be incidental to the use of the house, (going off what the Enforcement officer has said) and therefore you

You confuse me when you say "I have asked the question what am I applying for" - so I can only assume you want to rent out the shepherds hut.

In which case yes you will need to apply for change of use of that too, to change it from a purpose that is incidental to the enjoyment of your residential home, to a purpose for Holiday letting.

There's some further case law on this sort of thing (although it doesn't answer your question directly) in the Gravesham case, and Also the Blackpool Borough Council case.

 

[Agile]

I would have expected that a shepherd's hut is only classed as PD when it is to be used by a shepherd.

Joke, you might get away with letting it but ONLY to a genuine shepherd!

A shepherd's hut might need sheep in your garden to be useable!

I used to keep sheep in my garden here in London.

Had to dip them in a plastic dustbin and the local EHO came and supervised with a photo for the local paper. He was Welsh and so well conversant with dipping!

Tony

 

[Ben Beardmore]

Yes, you will have to apply for change of use as "short-term holiday let (sui generis)". You should not have a problem but it all comes down what submission you make on :-

Parking space
Provision for rubbish bins
Number of residents
Frequency of turnover of tenants
Behaviour of tenants eg frequency of party type activities