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With the rise of "staycation" prompted by Covid-19 and more recently inflationary pressures on households, many people have decided to build Granny Annex or outbuildings, such as available at The New Home Improvement Group and some then innocently let them out with "Airbnb" (or other platforms).
Unbeknownst to many is that planning rules aren't as simple as you may believe. At its heart is a somewhat nuanced distinction between two words (below) which are buried in planning legislation, found at Schedule 2 Class E Section A of the 2015 Statutory Instrument 596, to be precise. Homeowners often unwittingly focus on the dimensions of the outbuilding criteria (i.e. height, distance from the boundary) rather than use of the building, or if this would pass an objective "[is this really] necessary" test. Two planning terms must be understood; "Incidental" versus "Ancillary, but the term "Required" must also not be overlooked. The 2015 legislation states (abridged): "(a) Any building...required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure". |
Here are a few examples of The New Home Improvement Groups garden building designs.
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Incidental
The word "incidental" ,in planning circles, means "of casual use in conjunction with another use, such that one is parasitic on the other". For example, cycle storage, a swimming pool, a gym, a workshop, a woodstore or something that can be classed as a hobby such as pottery.
It is not necessarily the case that large outbuildings, granny annexes, summer houses and garden offices are always incidental, in use, to the main home. This is a product of many site specific factors, such as access, scale, interrelationship and the facilities in the outbuilding. For example, one would reasonably expect a shower to be found in a new gym but not necessarily a loo in a woodstore.
Ancillary
Meanwhile Planning law has a different view still on "ancillary" uses. Ancillary means anything you would do in your own home such as sleep, cook, eat, watch a film etc. A good example is a Granny Annex. "Granny" will be a family member but if the outbuilding contains all the trappings of everyday life, such as a bedroom and kitchen then this slips from incidental to ancillary accommodation and requires Planning Permission. That doesn't mean that the case would be refused, of course. But the common misconception of being able to "Airbnb" an existing outbuilding without planning consent is misguided, not least as the guests will not be family or friends. The Planning department would likely seek to restrict the use of the annex to family and friends.
Required
The test of required is often overlooked, but fundamentally means that; would a reasonable person having X amount of space / room in the existing home need to erect the outbuilding for Y purposes. A few recent appeals have suggested that this is a moderate level test and one that ought not be overlooked. For example, a couple in Guildford lost an appeal for two large offices in their garden since an office already existed in the main home. (Appeal case ID: 3276664).
In an even more complex twist, one may be able to erect an outbuilding for one genuine incidental use then around six months later change the use of that building to another use. But you will need to seek specialist advice before taking any action.
Our advice is to not focus on the dimensions of the building but also to think about the use of it. If the dimensions happen to trigger the requirement for Planning Permission, don't give up, around 85% of such cases are approved.
Even if you are reading this webpage in reference to a building which has already been erected then you have the following options open to you;
It is fully appreciated how this area can be confusing, so being ahead of the Local Planning Authority is always recommended and taking professional advice is advised since the individual circumstances can make a difference. In addition to complaints from neighbours, Local Planning Authorities use Airbnb and other websites as a source of enforcement action so don't fall foul!
A £200 consultation with one of our Chartered Planning Consultants may be all you need to confirm your next steps. We can do this over the phone or preferably by video call using MS Teams or Zoom. Book a consultation
The word "incidental" ,in planning circles, means "of casual use in conjunction with another use, such that one is parasitic on the other". For example, cycle storage, a swimming pool, a gym, a workshop, a woodstore or something that can be classed as a hobby such as pottery.
It is not necessarily the case that large outbuildings, granny annexes, summer houses and garden offices are always incidental, in use, to the main home. This is a product of many site specific factors, such as access, scale, interrelationship and the facilities in the outbuilding. For example, one would reasonably expect a shower to be found in a new gym but not necessarily a loo in a woodstore.
Ancillary
Meanwhile Planning law has a different view still on "ancillary" uses. Ancillary means anything you would do in your own home such as sleep, cook, eat, watch a film etc. A good example is a Granny Annex. "Granny" will be a family member but if the outbuilding contains all the trappings of everyday life, such as a bedroom and kitchen then this slips from incidental to ancillary accommodation and requires Planning Permission. That doesn't mean that the case would be refused, of course. But the common misconception of being able to "Airbnb" an existing outbuilding without planning consent is misguided, not least as the guests will not be family or friends. The Planning department would likely seek to restrict the use of the annex to family and friends.
Required
The test of required is often overlooked, but fundamentally means that; would a reasonable person having X amount of space / room in the existing home need to erect the outbuilding for Y purposes. A few recent appeals have suggested that this is a moderate level test and one that ought not be overlooked. For example, a couple in Guildford lost an appeal for two large offices in their garden since an office already existed in the main home. (Appeal case ID: 3276664).
In an even more complex twist, one may be able to erect an outbuilding for one genuine incidental use then around six months later change the use of that building to another use. But you will need to seek specialist advice before taking any action.
Our advice is to not focus on the dimensions of the building but also to think about the use of it. If the dimensions happen to trigger the requirement for Planning Permission, don't give up, around 85% of such cases are approved.
Even if you are reading this webpage in reference to a building which has already been erected then you have the following options open to you;
- Apply for a Certificate of Lawfulness to have the building and its use confirmed as lawful.
- Apply for the same as above but in advance of construction.
- Apply retrospectively for a Certificate of Lawfulness for a granny annex which has already been in use for a number of years.
- Apply in advance for some form of overnight accommodation by means of a Full Planning Permission application.
- As above but retrospectively, if you have been subject of Enforcement Action.
It is fully appreciated how this area can be confusing, so being ahead of the Local Planning Authority is always recommended and taking professional advice is advised since the individual circumstances can make a difference. In addition to complaints from neighbours, Local Planning Authorities use Airbnb and other websites as a source of enforcement action so don't fall foul!
A £200 consultation with one of our Chartered Planning Consultants may be all you need to confirm your next steps. We can do this over the phone or preferably by video call using MS Teams or Zoom. Book a consultation