Tandridge District Council: Pure Town Planning are pleased to have secured a Lawful Development Certificate (LDC) for a 100 sqm outbuilding (complying with Class E of the General Permitted Development Order (2015) (GPDO)). This outbuilding was needed by our client to provide them with a private gym, swimming pool and storage space.
A LDC application not only needs to demonstrate that the proposal is within the dimensional restrictions set out for outbuildings but equally importantly needs to show that the proposed outbuilding is incidental to the main dwellinghouse . The reason for this is Class E of the GPDO states that:
“any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure”
What constitutes an incidental use is sometimes open to interpretation. There is no clear definition and opinions can differ whether a particular use is “incidental”. The only assistance given by the GPDO is that incidental includes the keeping of animals (bees, pets or livestock) for the domestic needs or personal enjoyment of the occupants of the dwelling.
It is usually interpreted that normal living functions of the dwelling (cooking, eating, sleeping for example) fall outside the “incidental” definition – thus a granny annexe or staff accommodation for example would not be included. Most other uses, typically things which might be a hobby, or domestic storage for example would be incidental – the key being that the incidental use could not exist without the dwelling. Typical uses interpreted as being incidental include gym, home office, swimming pool, art studio, workshop or stables – all provided these are just for the private use of the occupants. But sometimes the scale of the building will be brought into play with large out buildings in relation to the dwelling claimed not to be incidental.
As part of the submission, we produced an accompanying planning statement showing that the outbuilding fully complied with the restrictions in dimensions and that the purpose of the outbuilding was incidental to the main dwelling house. This ensured that the Case Officer was provided with all the relevant information from the start making the application easier to manage, understand and ultimately for the Council to approve.
So if you are considering building an outbuilding and would like a company that prides themselves on their technical expertise of complying with the relevant legislation to ensure that the outbuilding does not require full planning permission why not give Pure Town Planning a call or email for a FREE 30 minute consultation and see what we can do for you!