Self-contained granny-annexe in garden under Permitted Development

[kalalondon]

We're considering getting this L shaped granny annexe for the garden, essentially a self-contained studio flat with a bedroom, kitchenette, shower and toilet.
https://www.boothsgardenstudios.co.uk/case-studies/view/l-shape-garden-annexe

They're quoting about 72k all included - power, drainage, etc etc which is expensive but pretty reasonable compared to the other options I've looked at (mostly timber stuff), requires very little maintenance and does not require PP, and supposedly can be done under PD under something called the 'caravan act' as long as the 'caravan' depends on the main house for electricity, drainage etc. They've recommended that I speak to my council planning department to confirm the same.

The part in bold above is the most important for us as we've have PP declined for a brick-built granny annexe and that's the standard line taken by the council. No complaints, it's a reasonable approach to take and in hind-sight, it's probably for the best as that would have cost north of 90k (not including extras) and many months of waiting for a date.

Unhelpfully, our local council is simply refusing to deal with any PD enquiries "Our Planning Service is operating in the face of unprecedented challenges resulting from a significant increase in planning application submissions and a shortage of resource. Please do not submit any new Permitted Development Enquiries at this time.".

So my question is - is the bit in bold above correct? Has anyone managed to install a self-contained granny annexe in their garden without PP?

I haven't done this so can't answer the PD question, but have you checked the tax position?

https://www.taxinsider.co.uk/ancillary-dwellings-and-capital-gains-tax

Thanks for that. Based on what I can see, there wouldn't be any tax implications as it'll be fully residential and used by the family.

In any case, unlike a house this would be a depreciating asset so I can't see us making any capital gains on the shed if/when we sell it, let alone a gain that exceeds the CGT allowance between the two of us.

See Class E on this link. https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance/permitted-development-rights-for-householders-technical-guidance

I don't think living accommodation is allowed under permitted developments, I think this is the relevant bit (Edit, my bold in the quote below):

But the rules also allow, subject to the conditions and limitations below, a large range of other buildings on land surrounding a house. Examples could include common buildings such as garden sheds, other storage buildings, garages, and garden decking as long as they can be properly be described as having a purpose incidental to the enjoyment of the house. A purpose incidental to a house would not, however, cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen.

To count as a caravan under the Caravan Act, the structure must be capable of being moved - I can't see how this could?

Even if it can be classed as a caravan, you can only have one under pd on a residential property if it is being used whilst building works are carried out. Otherwise, the stationing of a caravan is classed as a change of use of land and pp is required.

Even if your Council are not responding to pd requests ( to be fair very few are these days - just don't have the resources), you can submit a formal application for a Certificate of Lawfulness for proposed development. This will catagorically determine whether pp is required or not. There is a fee for this though.

A neighbour was denied permission for similar on the basis of it being a separate dwelling and the impact on services etc. But I’m not sure on the grounds they needed to apply vs your case, eg height or proximity to boundary maybe. I’d find a professional before proceeding. The builder won’t care as long as they’re paid.

There’s no CGT issue if the new building can’t be sold separately. Likely if a typical small residential garden v an estate or large with its own access. It would include land value, if it did apply, which is appreciating.

As someone said upthread, to qualify under the caravan scheme, it must be capable of being moved. What you are proposing doesn't seem to meet that criteria. I would get lots of advise on this before committing money. I think it unlikely to be a viable option.

We got pp to extend our garage upwards to provide a granny flat. We had to agree to not sell it off separately to get pp. At today’s prices it would cost more than your proposal but I don’t think what you suggest is viable. You can get a garden room without pp if it meets certain conditions. If it’s a separate residential extension, I believe it needs pp.

A mobile home falls under the definition of a caravan. Providing it can be theoretically moved in one or two pieces it should comply and therefore it wouldn't need planning permission. Wheels are not essential if it can be moved on a trailer. It needs to sited within the residential curtilage be dependent on the house for services etc.

"The definition of a mobile home in Section 29 of the Caravan Act is crucial. To give it its formal title, The Caravan Sites Act 1968, as amended in England 2006 and Wales 2007 has several criteria for what constitutes a mobile home. First, maximum dimensions:

• Length (excluding any drawbar) 20 m (65.6’)
• Width 6.8 m (22.3’)
• Overall height (internally, from the floor at its lowest to the ceiling at its highest) 3.05 m (10’)

Second, some general points. It must be:

• A structure, and not a building
• Fit for human habitation
• Capable of being moved from place to place, including around its site once assembled

Most of the log cabin suppliers now ensure that they have classes of mobile homes that fit this description although some have been disputed by council planners so the description is not as black and white as these companies make out:

https://www.theargus.co.uk/news/23604846.wealden-womans-hell-council-argues-home-mobile/

Even if it falls under the definition of a caravan, as I said up thread, the only time you can live in one in a residential curtilage is if it is required during building works. Otherwise pp is required for the change of use of the land.

No, you can't do that under permitted development; permanent residences are excluded.

Thanks all, appreciate all your thoughts.

Based on the customers that have had these installed without PP, and the conversation that I had with Booths, it's definitely classed as a 'caravan', and can literally be moved from place A to B when you move home. In fact Booths (the supplier) often even has some second-hand sheds which their ex-customers are looking to sell as they're moving home. There's no change of land use, there's no concrete base installed, etc. and the regulations that apply to a fixed annexe don't apply here. Costs about 3-5k to move the shed.

Of course, they could be lying about everything but based on their reviews, what I can find about them online and from having spoken to them, I haven't really come across anything yet that would suggest that was the case.

BUT, I'm conscious that like the Sussex news article quoted above, there's always the risk that our council would take a different/difficult view so probably best to go down the LDC route and see what they say. If it's a green flag, we'll look at it, if not, we'll dump the idea and perhaps settle for a smaller garden studio without any explicit sleeping facilities.

I'll speak to Booths next week to get some pointers for the LDC application and keep a reminder to feed back on the thread once I hear back from the council.

Thanks again and wish me luck!

Surely it’s a garden office / summer house?

That a family member whose address is in your house often chooses to spend time in ?

@kalalondon How can a building with a shower and toilet be non permanent when it’s clearly going to be lived in?

@TizerorFizz I couldn't say, I'm not an expert on planning or the caravan act :) I'm only going by the sources that I've mentioned above.

In any case, the LDC should clear things up one way or the other. It's only about £150 so let's see what they say. Ill definitely try to remember to come back and update the thread once I hear back.

Under planning law the stationing of a caravan constitutes development by way of a change of use of land. It is not built development. As such it cannot be permitted development within a residential curtilage of a dwelling as residential pd rights do not exist for changes of use. The only instance would be when required whilst building works are being carried out.

@kalalondon What type of building was refused pp? Could you not alter that design? As I mentioned above, do you have a garage you could alter?

We have just had an 8 month struggle with our LPA having made application for a cabin 10 .x 6 as a dwelling for a family member therefore the annexe under the Certificate of Lawfulness was classified as part of the family home although it is attached. It comes under the caravan act and sits on a concrete base but NOT fixed therefore can be removed by crane if necessary. Its services are directed from the main house. The process was extremely stressful and we opted to employ a Planning Surveyor who could answer all the technical questions raised by the Planning Officer. In turn it was also expensive running into several thousand pounds of fees for various council applications plus the surveyors charges. Having spent months looking at annexes we often received the advise buy it, build it, then apply retrospectively for a Certificate of Lawfulness or just hope you get away without the Lawful Development.. This however could raise problems if you decide to sell at any time and you do not have the Certificate for the annexe. Siting a cabin as part of the family home does not change use of land we have been down that road with our LPA and providing you keep within the size/height restrictions of the dwelling and are prepared for the long haul possibly even going to appeal and the expense it can be done. When we took on the challenge we knew we had a difficult LPA but got our certificate end of November 2023.

We met with this company they guarantee to get it through with caravan act permission they were great and the lodges are lovely although more expensive than you've been quoted...
https://www.homelodge.co.uk/

I've got all the standard wording, floorplan and details of the unit required to put in the LDC application from the supplier and based on what they've said it looks very routine. Apparently they've only ever had one application which didn't get through but that was down to site specific issues and the buyer's customisations to the plan.

I'll submit it this week and it'll probably take a couple of months to hear back from the council I think.

I'll be back to update this thread when we get the outcome.

Thanks @Purplepepsi this looks really good as well, though I can't find a lot of info on them online plus their warranty is shorter and there's more maintenance required as per their FAQs.

It's great that the LDC is part of the service delivered by them, which is as it should be I think!

Before I forget - the council have okayed the LDC (certificate of lawful proposed development), no full planning permission required. With the time it’s taken, I’d almost forgotten about it!

Just need to sit down with the other half, look at the numbers for additional borrowing on the mortgage and then make a go/no-go decision.

Thanks for all your comments!

I would apply for a certificate of lawful development. Sometimes different councils interpret PD differently. Many are very against granny annexes so they're controversial and could be subject to enforcement

Thanks for the update - keep us posted!

Ah brilliant! Following with interest! Our sale is stalled so we are looking at a property where we wouldn't need an annex in the end!

@kalalondon hi I hope you’re well. I’m in the same position about trying to go the lawful and efficient way of a Granny annex. I’ve read from your comments that you ended up getting a LDC after applying for it by yourself.

did you use booth to buy the Grammy annex in the end?

and what would your advise be for me, should I find a company that gets the LDC for me with good reviews, or shall I buy with booth and apply for the LDC myself. I think i would want to have the LDC prior to buying the annex incase it is not lawful.

your advise would be great!