[Ghdp]

The property we want to buy has an annex. ( 1bedroom, bathroom,living room/ kitchen) It is connected to the rest of the house but can be closed off making it self contained. The vendors have used it on and off for holiday makers' use since 2003.
Does this use of part of the house in this way require planning permission or is it ancilliary use of my home as I think fit?

[doganjo]

If it's not permanently closed off as a separate residence then no.  Are you trying to reduce teh price by saying they should have had planning?  Or are you wanting to make sure you don't have problems if you buy it?  Either way best thing is ask your planning department.  If it should have had planning then the present owner can obtain a 'letter of comfort' since it's been done for so long.

[paddy1200]

If it has planning permission as an annex, it will be solely for the use of extended family members and will receive a 50% council tax reduction.
Use for holiday let would be a change from the original permission.
If the property has not been re-valued since the annexe was built, it will be when you buy it..
You really need to see the planning permission documents, but be careful, it may cost you in increased council tax.

[stufe35]

I would not ask the planning department...they are highly likely to tell you what ever suits them, and/or whatever nets them the most money.  By asking them you bring the state of the property to their attention.

I speak from bitter experience.

Pay some money and speak to a planning consultant....who is then working for you and advising you on whats best for you.

[paddy1200]

Any planning permission will be visible when the search is done, so no need to ask planning dept.
As previous poster says, don't contact council direct, it will end in tears.
But if it has planning permission for whatever useage, it will be revalued on purchase and it may increase the banding.
The property will be valued at the general market price of similar properties in that area in 1991.
HTH

[Ghdp]

Thanks for the comments and advice
We are not seeking a reduction in the price but wanting to avoid/ limit problems in the future. A 'Local
Search' has been done- planning permission exists for use of a separate self contained building as a holiday let but no planning permission has been sought for the independent use of the annex ( one end of the main house) as a self contained unit. However the house, cottage and annex have previously been assessed by the council and council tax is payable on  each of the three parts as self contained units.

That does not imply that we have planning planning or would necessarily get it.

 I think our best options are

1. See if the change of use has been in place for at least 10 years when deemed consent to a change of use can arise. We have raised the question but anticipate the annex has only been marketed as a self contained wing for about 4 years.
2. Do nothing, keep fingers crossed,  and carry on using the annex in the same way until the 10 years are up (with an affidavit setting out the use by the previous owners to date to back up our position)
3. Approach the council for retrospective permission.
4. Ask the vendors for a certificate of lawful use ( which they would be mad to do)
5. See if a planning consultant could assist.
Any other ideas gratefully received.

[Kitchen Cottage]

http://www.planningportal.gov.uk/uploads/1app/guidance/guidance_note-lawful_development_certificates.pdf

A lawful development certificate is designed for your circumstances and is not an uncommon procedure.

The 4 year period applies to this alteration and not the 10 year period.

I am assuming this is in England (I am an English Solicitor)

[Penninehillbilly]

sounds a bit odd that no planning permission but being assesses as seperate units?
 
any idea how old the annex is? or is it part of the original house?

[Ghdp]

Thanks Kitchen Cottage. The property is in Wales in a National Park. Does that make a difference?

[Kitchen Cottage]

Probably, because the national parks have specific development statutes.  Which national park?

[Ghdp]

Thanks for getting back to me K.C.
Snowdonia. I spoke to a planning consultant today too. (Before i got your post.) He said that I should not rock the boat by contacting the planners but should assemble as much info as possible now in stat dec form to support a retrospective planning application ( which he though would probably succeed) if I need to in the face of any threatened enforcement steps
I did not know about a lawful development certificate route so did not ask about that.

[Ghdp]

Sorry Penninehillbilly,
I thought I had replied but we had a power cut and goodness knows where the message is now?
The annnex is partly ancient longhouse and partly 1993 extension. It had planning permission granted for the 1993 work retrospectively in 1998 but only, it would appear, in the expectation that it  was part of the main house.
I am not entirely clear when the annex was developed further as a separate guest area used in conjunction with the main house (but it was around 2003) but in more recent years ( 2011 onwards I think) it was advertised and let separately to members of the holidaying public.
G

[stufe35]

Sounds like good advice from the consultant....it's my understanding you will only have a problem if someone complains.....if the house has been used in this way for so long, who is likely to complain now ?  Unless of course you set about upsetting all the locals when you move in.....even then are they likely to realise.

Planning are unlikely to come chasing you unless some one reports you....then they are likely to want an amicable solution that allows them to tick a box and close the file.....you be mr nice guy, say you bought it this way and didn't think you were doing anything wrong...you will be happy to submit retrospective planning if that will help.  They are likely to jump at this to close the complaint off....otherwise it's legal action for them which is just as risky and expensive as it is for you and I...councils just don't want to take that risk if they can avoid it they haven't got the money...better a safe £380 quid planning application. Use your consultant.if that happens....that scares them as they are dealing with someone who knows the rules and how to work the system. A refusal and you appeal...more big money for them.

I should add I'm no expert....just a view of the practicalities of the situation as I see it.

[Ghdp]

Thanks stufe35. I agree. I am going to keep my head low. Incidentally Kitchen Cottage's link is essential reading. Having gone back to the planning consultant he confirmed that property within the National Park would be treated the same as those outside in planning terms.
  

[Kitchen Cottage]

Bits of facts being added in....if tgis property is listed the advice would change as there may be no time limit for planning enforcement. This would depend on the nature of the alteration.