IS YOUR GARDEN ROOM INCIDENTAL?
THE MOST SUBJECTIVE TEST
In concluding that a Garden Room project is ‘Permitted Development’, a lot of boxes need to be ticked. The requirement for it to be ‘incidental’ is the most common issue considered by Enforcement teams and Appeal Inspectors.
When deciding whether a Garden Room is ‘Permitted Development’ (PD), the relevant facts and specific circumstances of each individual case need be taken into consideration. Some of these can be rather subjective, especially its proposed use.
On this matter, there are two key issues that have been found to be particularly relevant:-
Identifying the purpose(s) for the building, along with its subordinate quality in relation to the enjoyment of the dwelling
Determining whether the building is genuinely and reasonably required in order to accommodate the use or activity and consequently achieve that purpose
A proposed outbuilding cannot comprise habitable accommodation without Planning Permission (accommodation for living in is classed as ancillary and not incidental). However, there’s a wide range of incidental purposes that can often be classed as ‘Permitted Development’ and we have listed our TOP TEN below.
personal yoga studio
garaging for a classic car collection
bar
hobby workshop
golf simulator
home office
media room or cinema
play / games room
home gym
photography dark room
It is important to know that the PD conclusion will depend on your and your property’s circumstances. Therefore it is always recommended that a Lawful Development Certificate is obtained before you go ahead and purchase your chosen Garden Room. Our fee for this type of Application is just £350.