Q&As

A house has been used as a residential dwelling since the 1950s. The garage was converted to an annex in 2003 but did not have planning permission. The annex was separately let in September 2014 for a two year tenancy. The local authority claim this is a breach of planning control as it is now a dwelling in its own right because it requires a planning application for change of use. Is planning permission required even though the use is still residential?

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Published on LexisPSL on 09/11/2015

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A house has been used as a residential dwelling since the 1950s. The garage was converted to an annex in 2003 but did not have planning permission. The annex was separately let in September 2014 for a two year tenancy. The local authority claim this is a breach of planning control as it is now a dwelling in its own right because it requires a planning application for change of use. Is planning permission required even though the use is still residential?

Planning permission is required if the work being carried out meets the statutory definition of ‘development’, set out in the Town and Country Planning Act 1990, s 55 (TCPA 1990). The making of 'any material change in the use of any buildings or other land’ is development. TCPA 1990, s 55(3) specifically states that:

'(3) For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building pre

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