Section 106 Advice

August 23, 2023 by Harry in forum Planning Forum

#2071 Harry, 23 August 2023, 09:13

Any help on this would be greatly appreciated.

We have a small annexe seperate to our main home which has a section 106 on it from decades ago which means it cannot be let seperate from the main dwelling.

Due to our location the local policy (rural but not in AONB) will not allow for the removal and change of use of the building.

Do any of the 4, 7 or 10 year rules apply if we were to use this in breach of the section 106?

The building would make a perfect holiday let due to its size and location, but this also means it is too small and not ideal as a long term let. Perfectly good accomodation is just sitting there empty due to local policy and we would like to put it to use.

I know we shouldn't be doing this but any other county we would be fine, just ours has a crazy restriction for anything not near a bus stop :(

#2073 Damian, 27 August 2023, 10:49

It doesn’t sound like that could be an option as it’s already been through a Planning process and the LPA are therefore aware. Going against the original approval and/or S106 would result in a breach of Planning and open you up to enforcement action.

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