Ancillary Use

May 24, 2011 by John Tucker in forum Planning Forum

#65 John Tucker, 24 May 2011, 11:53

I received planning permission for a garage with rooms over 20 years ago. My wife and I used the rooms for our offices. A condition read: "That the additional living accommodation hereby permitted shall be occupied and used only in connection with and ancillary to the occupation and use of the existing property as a single dwellinghouse and shall not be occupied or used separately therefrom."

The dictionary says "ancillary" means "providing necessary support to the primary activities. . .additional subsidiary"

As we approach 70 our needs are changing. We would like to accommodate a couple who work for us part time and whom we have known many years; they are also close friends, almost family. Two years ago I was diagnosed with an incurable and progressive neurological disease. My needs for additional help have increased and will continue to increase.

Is there some way of framing an arrangement with this couple which would be considered ancillary? Maybe as lodgers, staff, friends? Some facilities of our home would be shared as the accommodation over the garage is small. For example shared laundry facilities, some cooking due to a limited kitchenette, a study in the main house.

#70 Andy Jones, 5 June 2011, 20:43

Dear John,
I am sorry to hear of your condition and my best wishes go out to you and your family. Unfortunately, the planning system would normally expect a planning application for the creation of residential accommodation and there is the potential risk that it may well be refused (without knowing much about the case, it would be difficult to give more than a principled response). Notwithstanding this however, through any application, you could demonstrate the existence of mitigating circumstances, sufficient to override plan policy i.e your medical condition and the need for support. Furthermore, you could state that you would be prepared to consider reasonable conditions be attached to the permission restricting future occupancy/resale etc. It is a difficult one and I would start by getting support from a local district councillor who could lobby the council on your behalf.

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