Garage being used as a home

[Thehouseintheforest]

Hi there I have NC as think my neighbours wife is on here . I am after some advice and genuinely don't know what the best course of action is.

My neighbour applied for permission to build a separate granny 'annex'. This was refused. They then applied for a double garage with a games room above. This was granted.

The property was constructed and finished in May. Since June a family of three have been living there.
I had the opportunity to meet the woman of the family today. We walked home together from our local village shop. About a mile along a country lane. All our properties are at the end of this 'no through road' . There are five houses in total . The area is in a conservation area and sssi .

The new 'tenant' of the garage was thrilled with her new home. Apparently it is 'beautifully finished and fitted out' as a 2 bed country house. For which they pay a commercial rent. They intend to be there a long long time.
I haven't told her that the property is not meant to be residential.

AIBU to contact planning enforcement and tell them what is going on ?
Will they care ?

I know the usual suspects will pipe up with 'its none of your business ' - but surely the whole point of planning is that people abide by it. It is my business because my neighbour has unilaterally deciding that he doesn't have to take notice of planning laws and has increased the dwellings in our hamlet by 20% without permission.

Or should I just live and let live. Do the same myself and bring in a bit of extra income.? Few people ever come up here- they will probably never know ..

It seems really wrong to me, but is it. ?

Apologies to the apostrophe protection society for pp.

What if it's a poor relative and they are staying for free ? It's a tricky one but I would stay out of it.

So do I understand that it is a separate building rather than a garage attached to the house?
At some point it must have been joined on to the sewerage system. Has that met building code?

It’s a tricky one. The problem is that what harm is it really doing and the tenants are happy.
But it is against the rules.

Let us know how you get on at the council. They may have a dedicated team, as below, which checks that taxes are being paid and the accommodation isn't substandard. It may be 'very naice' but not have necessary smoke alarms/fire regs met for renting.

www.ealing.gov.uk/info/201086/housing_and_council_tax/1385/illegal_outhouses/1

I would report it to RICS - let them know. Your neighbour is far more likely to respond properly to his professional body than he will to the council (who we know for a fact he has already disregarded).

Take lots of photos and refer properly (with full document titles/numbers) to the planning applications and permissions and dates. Give them all the clear details so they can properly investigate.

And does it have separate meters? I’m guessing the rent ‘includes all bills’ to get past that.

What if it's a poor relative and they are staying for free ? It's a tricky one but I would stay out of it.

Except it's not? The OP was quite clear that they are renters paying the going rate. And regardless, that doesn't mean you get to build whatever you want and ignore planning permission.

Don't report it ! Good relations with neighbours are way more important. They'll know it's you. Live and let live.

@tenredthings - oh the irony. The OP's neighbour doesn't give a shit about good relations with his neighbours or he wouldn't be flouting the rules.

It's easy to check whether this "garage" has its own address and is registered for council tax as a separate dwelling as the info is in the public domain. If it has separate utility meters they are likely to be on one of the exterior walls of the new building.

Good for you OP. Please update after your meeting with the council. Yes it's nice to maintain neighbourly relations but there's a difference from, say, someone that keeps having a bbq right after you've hung out a fresh load of laundry which is bloody annoying but perhaps not worth falling out about and someone who basically builds a whole new dwelling next to you without planning. And if he gets away with it, is it setting a precedent for others? Then there are further issues with amenities, parking, safety, council tax being underpaid, the ,list goes on...

Our village planning seems to work a bit like this.

Granny annexes are only approved for members of extended family, usually approved with a comment that they must not be treated as separate dwellings. I've often thought there would be ways round it....

I have spoken to a planning enforcement officer this morning. Initially it sounded as though converting a garage (baring in mind the garage didn't exist) into an annex doesn't need planning in all cases.

However - this particular property has a caveat in the planning decision to categorically state that it may not be used as a residential dwelling.
They are going to visit and see what is going on.

Someone said it may be a relative . It's not. It's a commercial rental. I do not know how much as the lady tenant I met yesterday told me she had found the property through a 'friend of a friend '.. so not advertised on rental website. However it is in excess of £1100 a month as the tenant said she had looked at one for this price and the property in question 'was only a little bit more but so much nicer'.

We will see. I don't care if he knows it's me. I really don't like the 'I'm rich so the rules don't apply' attitude. The only one I feel sorry for here is the poor tenants.

this particular property has a caveat in the planning decision to categorically state that it may not be used as a residential dwelling.

Ouch... That does sound like the neighbour took the proverbial...
I wonder if they'll need to turn it back into a garage.

It's quite common for planning permission to have restrictions on further development.
Permission for our house mentions that garage must be retained for car parking.
You don't have to park your car in it, but it must be available to do so, ir not converted into living space

Sadly it is the tenants who are going to be the most screwed over here.

It is my understanding that as soon as you add a kitchen to an extension it becomes a separate dwelling and liable for council tax and all the necessary safety certificates and insurance if rented.
I agree wrt rich people assuming they can get away with stuff.
My street has a big variety of small and large, semi, terrace and detached houses.
The people who bought the big detached up the road have extended their boundary 10 feet into the field at the back and put a fence up. They seem to have got away with it because there are a few trees around and it isn't obvious from a distance.
Personally, I wouldn't have the cheek to do it. It is council owned land.

It's nothing to do with them being "rich people": it's because they are CFs who think they are clever and can get away with it. If the tenants lose their home it's down to their feckless landlord and their own failure to do any due diligence on the status of the place.

We converted our large garage ( attached to house ) to 3 bedrooms , we didn't need planning permission , just building regs

I would reported first because is wrong secondly because that property may not be properly insured or compliant with building regulations.

We converted our large garage ( attached to house ) to 3 bedrooms , we didn't need planning permission , just building regs

In what way is this similar to what the OP described?

Land grabbing is perfectly legal elephant. And nothing like building and letting an illegal dwelling.

The report by the planning officer (which the planning committee will ah w based their refusal on) will be in the councils planning site - it will set out all of the reasons permission was not granted. Given it’s a tiny ‘hamlet’ in an sssi and conservation area I can imagine development easily agreed elsewhere might well be tricky. And for good reason.
Good luck op.
What an absolute tosser to have to refused and then proceed anyway. Also stupid given neighbours would always find out.

How is land grabbing a chunk of council owned playing field ok? Does that mean everyone in our road could move our boundary fences back 10 feet?
If so, I will get onto it now. I would love a bigger garden.

Pretty much. If the council aren’t maintaining it, it’s fair game (legally).