Q&As

Can a lodger be accommodated in an outbuilding to a dwelling, built under permitted development, without it breaching planning law? The lodger would only sleep in the outbuilding but otherwise use the facilities in the main house.

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 04/07/2018

The following Planning Q&A Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Can a lodger be accommodated in an outbuilding to a dwelling, built under permitted development, without it breaching planning law? The lodger would only sleep in the outbuilding but otherwise use the facilities in the main house.

There are two considerations for whether planning permission is required for the use of an outbuilding within a residential curtilage:

  1. whether the use constitutes a material change of use, and

  2. whether the outbuilding itself requires planning permission

Although in this case the outbuilding has been erected under permitted development rights, there are conditions attached to the use of any buildings erected under permitted development. This is considered in further detail below.

The question of the use of the outbuilding is regulated by section 55(2)(d) of the Town and Country Planning Act 1990, which states that planning permission is not required for ‘the use of any buildings or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house’.

What is incidental to the enjoyment of the dwelling house is an objective test based on the reasonable use of the property. The Court of Appeal held in Croydon LBC v Gladden that the occupier’s whim as to the use of their p

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