Orthodox Jewish Outbuilding

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    Orthodox Jewish Outbuilding

    Hello there,

    I have a question for those with advanced knowledge of planning laws.

    16 months ago I constructed an outbuilding (Architect and london building control approval ok). It is within the legal limits (height does not exceed 2.5 meters etc etc).

    The outbuilding is ancillary to the main house (we are all family). My grandfather (95 years old) stays and occasionally sleeps in the outbuilding where he prays with his relatives from israel and keeps a strict kosher kitchen in there and where he is cared for privately by the mother of my godchildren who also stay there. We all mixed to/and from the main original building - this is NOT rented out.


    I'd like to know if I am doing something wrong or whether I need to inform a particular governing body. I have researched the internet and found that a separate council tax could be required. (the borough of Enfield)



    Thank you

    #2
    There is a limited definition of what constitutes ancillary use in Class E of the Town and Country Planning ( General Permitted Development) (England) Order 2015, which was the latest amendment to that order approved in April.
    Interpretation of Class E
    E.4 For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.
    There is quite a lot of case law about using out-buildings for certain purposes, with the view that using one as a bedroom is not ancillary use but is use as a separate dwelling.
    With a kitchen in this out-building, as well as sleeping accommodation, it seems probable that this building does need planning permission for the use being made of it.

    It is easier to gain planning permission for an annexe that is restricted to use by the family occupying the main house, than it would be for a completely separate dwelling in the garden of an existing property, but it does appear to need a granted planning permission for the current use.

    If this use did continue for more than 4 years, then use as a single dwelling would become lawful, because enforcement against this breach of planning control cannot be taken by the local planning authority beyond that period of years.

    If no one has reported this matter to the local planning authority in the 16 months since the building was put to its current use, it may be sensible to do nothing until someone from the local council contacts you.

    Any investigation of the current use may mean that you will be asked to make a formal planning application known as a retrospective planning application, which would allow the LPA to give due consideration to the effect such a development would have in planning terms, such as adverse effect on residential amenity of neighbours, or overlooking or overbearing impact on another property.

    If planning was granted for an annexe, with conditions imposed to ensure that such use was the only use that the building could be used for, it would still need to be registered for council tax purposes as a separate dwelling, although there would be a discount based on its type of occupation as an annexe.

    To offer a direct answer to your question "am I doing something wrong?"
    You are currently in breach of planning control.
    During the four years following the change of use of this out-building to its use as a single dwelling by a family member, the LPA can begin enforcement action to stop such use.
    If that did not happen then after four yeras such use will be lawful in planning terms, but then there would be the possibility that Council Tax will need to be levied. As for whether council tax was due during the first four years of use, that is not a planning matter, so as a retired planning consultant I have no real knowledge of how that would be dealt with.

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      #3
      Agree with the above. The religion/strict Kosher kitchen excuse is a non starter and the council will want their money.



      Freedom at the point of zero............

      Comment


        #4
        just make sure your use is 'incidental' and keep the outbuilding, avoiding regular council visits.

        i know this is not what you wish to hear, but sleeping overnight in there is a straight forward breach.

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