Garden Shed Change to Domestic Living Space

NKELLY

Hi all, I need some direction please.
Friends neighbour has developed a substantial "shed" that is now being converted to domestic living. Planning Enforcement have previously checked for compliance but have asked for evidence of domestic use. What type of evidence are they looking for? What other concerns should I be raising with the council? Thanks in advance

looksee

How do you know that that is what is happening? Leave it for a while and if it is used for living purposes then you will have the evidence for Planning.

There are mountains of planning regulations, but enforcement is extremely weak and depends on the general public reporting and offering evidence. If no-one complains and building regs don't dispute it then planning may as well not exist.

NKELLY

Thanks for reply. In use over Christmas and not many of us spending time in our "sheds", will monitor and try to gather more information.

mad m

Did the shed require planning?

BorneTobyWilde

A friends neighbour eh. Why does it matter if he converts it and gets away with it. Live and let live.
He has the right to convert it to a room, games room, so on, and for it to look like a living space.
Is he putting in bathrooms, and plumbing and kitchen and bedroom? Doubt it, now that would be a living space for an individual .

Stanford

If anybody is sleeping in the shed then it must be fit for "human habitation" and hence all the planning and Building Regs apply

NKELLY

Council were advised of construction. Appears shed was exempt from planning under Section 5 of the Planning and Development Act Under 25sqm.

NKELLY

Shed has bathroom and toilet. M/Wave, Fridge and Kettle Only Fully Designed for person to live there. Has own entrance via side gate. Are they different fire protection requirements if person is living there?

NKELLY

Can a person apply for persmission to build a "Shed". eg. for storage of equipment or hobby use but then change it to a place of habitation without having to go back to the council and notify change of use? How do councils generally accept such behaviour?

elperello

NKELLY wrote: »

Can a person apply for persmission to build a "Shed". eg. for storage of equipment or hobby use but then change it to a place of habitation without having to go back to the council and notify change of use? How do councils generally accept such behaviour?

No they can't.
Check the local authority development plan there may be policy there.
If someone is living there they can report to enforcement in planning department.

Gumbo

looksee wrote: »

How do you know that that is what is happening? Leave it for a while and if it is used for living purposes then you will have the evidence for Planning.

There are mountains of planning regulations, but enforcement is extremely weak and depends on the general public reporting and offering evidence. If no-one complains and building regs don't dispute it then planning may as well not exist.

I’m sorry but this is nonsense.
Our planning enforcement laws are very strong here, swift and are up in front of the courts weekly.

The public do not supply the evidence for the planning breach as the the planning enforcement officer cannot swear on this evidence in court.

Once the member of the public makes the complaint, the planning enforcement officers inspects the property and gathers their own evidence that can be relied on and sworn on in court.

Plann8ng enforcement law and building regs law are completely separate.

Gumbo

Stanford wrote: »

If anybody is sleeping in the shed then it must be fit for "human habitation" and hence all the planning and Building Regs apply

Once sleeping occurs then correct, whole new raft of regulations apply from the planning and building control side.

NKELLY wrote: »

Council were advised of construction. Appears shed was exempt from planning under Section 5 of the Planning and Development Act Under 25sqm.

No such thing as exempt under section 5. A section 5 is an application to the council to determine if works as described constitutes development and thus requires planning.

Did the owner make a section 5 application asking if the works require planning?

NKELLY wrote: »

Shed has bathroom and toilet. M/Wave, Fridge and Kettle Only Fully Designed for person to live there. Has own entrance via side gate. Are they different fire protection requirements if person is living there?

What you have described is a shed, games room, hobby room, garden room, store etc
All exempted uses. You make no mention of a bedroom and bed which would imply that there is no breach in there.

NKELLY wrote: »

Can a person apply for persmission to build a "Shed". eg. for storage of equipment or hobby use but then change it to a place of habitation without having to go back to the council and notify change of use? How do councils generally accept such behaviour?

No, they cannot apply for a shed and then use it to sleep people. But a shed, is the same class as all of the uses I mentioned above so they can apply for a shed and then use it to play the PlayStation in 23 hours a day and then go into the house for a hours sleep....technically.

ssshhh123

NKELLY wrote: »

Hi all, I need some direction please.
Friends neighbour has developed a substantial "shed" that is now being converted to domestic living. Planning Enforcement have previously checked for compliance but have asked for evidence of domestic use. What type of evidence are they looking for? What other concerns should I be raising with the council? Thanks in advance

Why are you so concerned about what happens on someone elses property?

Does it effect you or your family?

What difference does it make if there was someone sleeping in this shed?

Would a games room with teenagers in it drinking and naking noise be better?

looksee

kceire wrote: »

I’m sorry but this is nonsense.
Our planning enforcement laws are very strong here, swift and are up in front of the courts weekly.

The public do not supply the evidence for the planning breach as the the planning enforcement officer cannot swear on this evidence in court.

Once the member of the public makes the complaint, the planning enforcement officers inspects the property and gathers their own evidence that can be relied on and sworn on in court.

Plann8ng enforcement law and building regs law are completely separate.

ssshhh123 wrote: »

Why are you so concerned about what happens on someone elses property?

Does it effect you or your family?

What difference does it make if there was someone sleeping in this shed?

Would a games room with teenagers in it drinking and naking noise be better?

Its a bit off topic for this thread, but this is my argument!

According to the OP Planning have already looked at the project and have asked for evidence that it is being used for accommodation. There may be a misinterpretation there, but obviously if the place is being used for accommodation then PE isn't working.

sssshhh says why is it the OP's business? And really it isn't, unless it is impacting him directly. But if the OP doesn't complain, nothing will happen. Does that matter? Well no, not in the case of one shed but if one is allowed to slip through, places will be turned into shanty towns with people putting sheds in their back gardens and making a tidy profit from offering inadequate accommodation?

It should be the business of the people controlling the rules to ensure that they are kept. Food businesses can have spot inspections, in the public interest, why not planning?

NKELLY

Thanks for your note. The structure was built as a Shed with the council but is being used for human habitation. I need to ensure that there is suitable fire protection in place so that there is no risk to my adjacent property. There is also a noise and disturbance factor to consider also.

mad m

I have a friend who has a back lane way. One day a development was happening adjacent his garage entrance out back. When he asked what was going on one of the workers said it was a granny flat.

He contacted planning enforcement and the development needed planning so retention was applied for. It was a one storey structure which looked like it was going to be a house which would of only had access via the lane way.

Enforcement put requirements to the allowed development "Not to be habitable by persons, poultry or animals". Just for storage as what described use for on the retention application.

Its was weather proofed and as far as I know is laying dormant for last 2/3 years.

If it had of been allowed it would of had a lot of knock on effects to the use of the laneway.

Effects

Similar happened a few doors down from me. Except in the time it took for the council to inspect, they had built a two bedroom house and moved tenants into it.

Gumbo

Effects wrote: »

Similar happened a few doors down from me. Except in the time it took for the council to inspect, they had built a two bedroom house and moved tenants into it.

Strict timeframes for enforcement inspections.
S152 letter is issued the same day as the complaint is made.
Owner has 4 weeks to reply and arrange an inspection. In theory he could reply on the last day and arrange for an inspection 2-3 weeks later as “he is going away”. So small grey areas.

Once that inspection takes place then it’s a fairly swift process for enforcement or compliance.

Effects

It actually took the council a few weeks to issue the S152 letter.
The owners just ignored any letters that were initially sent, and finished off building the house.
They applied for retention, which they didn't get.
They haven't complied with the order to demolish, and a court date is upcoming.