planning

[oconnor]

hi, has anyone out there had or have a property with a garage/stable out building able to get passed as a separate living accommodation on the out building, but must remain ancillary to the main dwelling house, if the answer to the above is yes, have you applied to the council to split the {passed} building in to a separate dwelling in its own right!
selling off the main house, my wife and I have achieved the 1st part of the above but have been told by the council the separate dwelling unit must remain ancillary to our main house and cannot be sold separately, and cannot be rented out separately. They did not say we could not retain it on sale of the main house, the reasons the council have given us, is, there are no facilities in the village and our property is on the curtilage of the village hence they will not let us split the two units however, we are in the process of developing the garage studio and due to finical expensive s of the cost of the main house mortgage ect… we feel at some point in the future we will need to sell,
I have a small piece of land attached to the house and garage studio {which has the planning on} where I keep my pony and five sheep, I do not wish or are able to afford to buy another property to accommodate them, I would like to apply for change of use to the garage studio that we are developing in two a two bed house keeping the land with the above, and putting the application forward to the council to split and the main house, so we can become mortgage free, keeping the 2 bed house with land for my wife and I to live in, I will also put forward to the council that due to technology called the internet I do not need any facilities in the village, as I can do my shopping on line and have it delivered to my door. For reference the nearest shops to our property is 2 miles away and I have a car .also my daughters school is 2 miles away, and the school bus picks her up in the morning and drops here back at .3.30 round the corner from our house . if my property was situated 2 miles away in the next village, which have facilities the above would not be a problem and I would be able to achieve my goal, which is very frustrating, I have spoke to my solicitor and she has told me on the sale of the main house I can split and retain what I want as long as the value of the mortgage is covered on the sale from the main house, but she said to beware that the planning department could take away the developing rights on the garage studio, so is anyone in this situation and I can you give me some advice as to which is the best angle to processed with this problem, if we don’t get separate dwelling status after we have made an application to the planning department, we intend to split the garage studio from the main house keeping the land and put main house up for sale, we intend to do this once the garage studio has been signed off by the council and then ,we will keep on applying for separate dwelling status until our goal is achieved , we know that the g/s will become just an outbuilding with no developments rights but while we keep on applying ,it can be used as a facility when we come to feed our animals 3 times a day, to use the loo, and make ourselves a cup of tea!! Please help and give us any advice you may have, many thanks, Connor

[bednobs]

i am not in the same position as you, however as you have asked for advice i will give you some. You will most likely not succeed in getting the council to change their minds

[jackthehat]

If the Planners say that you can't create two separate dwellings.........you can't create two separate dwellings, I'm afraid.

[The Builder]

Sadly, I have to agree with Bedbugs. If they won't even let you keep it to rent out, then I doubt you would succeed even on Appeal.
A great idea. In a perfect world, providing a dwelling when the country is so in need of them should be encouraged. I'm afraid I've heard this proposal from so many disappointed people in the past

The usual way forward is to stay in the house and continue to lobby. Laws change. Intransigent Councils change. I really do think it's long term though.
Best of luck to you.
TB

[buildersmate]

When you say it is 'passed as separate living accommodation', I assume you mean that it has separate council tax payable. That is akin to a 'Granny Flat' scenario and your situation is very common with many others who live in countryside and in an area where planning consent for a new separate runs against the planning policy for the area.
You cannot sell the main house whilst retaining residential dwelling consent to garage studio. The two are required to remain together.
As others have pointed out, you are very unlikely to win this battle.
The gist of what you are trying to do seems to boil down to making a financial planning gain from converting one property into two and enhancing the value.
Sorry, but it doesn't work like that or hundreds/thousands of others would be making a mint by doing the same.