Annexes are typically occupied by members of the family, visiting friends and carers whose main occupation is to care for the occupant/s of the main dwelling house. Annexes will generally require planning permission.
An annexe that will be occupied independently and have no relationship to the main dwellinghouse will require planning permission. This includes situations such as, a family member living in it independently from the main dwelling, renting it out to someone, or using it as a holiday let.
The key distinction is if the person/s occupying the annexe have no clear ancillary and incidental relationship with the main dwellinghouse permission will be required.
You cannot build a new outbuilding in the garden of a house for use as an annexe under permitted development, even if it would meet all the other normal criteria of Class E.
Some existing buildings within the curtilage of a dwelling may be able to be converted into annexes without planning permission.
If you are unsure about what can and can’t be carried out, you should submit a Certificate of Lawful Proposed Use or Development to formally confirm this. The application forms and guidance notes can be found via the following link Download a paper planning application form and guidance notes – Rother District Council or you can submit your application via the Planning Portal at Planning Portal – apply for planning permission
Granny Annexes: Do I Need Permission?
Whilst Part 1, Class E allows for outbuildings unfortunately if the building is intended to be slept in then it will require planning permission. Class E allows for the erection of an outbuilding on up to 50% of the land around the home, which includes extensions, sheds and other outbuildings.
Yes, there are cases where the inspectorate has gone the way of the householder, but the Permitted development rights for householders – Technical Guidance is quite clear on the matter as far as a Granny Annexe is concerned.
It says…
Class E sets out the rules on permitted development for buildings etc within the curtilage of a house (see page 7). Buildings which are attached to the house are not permitted under Class E (they would be subject to the rules in Class A). Buildings under Class E should be built for purposes incidental to the enjoyment of the house.
Paragraph E.4 of Class E indicates that purposes incidental to the enjoyment of the house includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the house. But the rules also allow, subject to the conditions and limitations below, a large range of other buildings on land surrounding a house. Examples could include common buildings such as garden sheds, other storage buildings, garages, and garden decking as long as they can be properly be described as having a purpose incidental to the enjoyment of the house. A purpose incidental to a house would not, however, cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen.
If you are unsure about what can and can’t be carried out, you should submit a Certificate of Lawful Proposed Use or Development to formally confirm this. The application forms and guidance notes can be found via the following link Download a paper planning application form and guidance notes – Rother District Council or you can submit your application via the Planning Portal at Planning Portal – apply for planning permission
