Living in office

[willmo82]

Hello!
I am buying an old non-residential building and unfortunately the planners are being very unfairly difficult in not allowing me to convert to residential. They are doing everything they can to reject the planning application for conversion.
I am buying the property and will have no mortgage. Can I live in the property (as a holiday home) if it's not registered as a residential property?
Any help would be great!

 

[endecotp]

I guess that in that case you're failing to comply with a rejection of change-of-use.
They would need to discover that you're living there, issue an enforcement notice, and then if you don't move out, prosecute:
http://www.legislation.gov.uk/ukpga/1990/8/section/179

Is it too late to stop the purchase?

 

[Nakajo]

So, permitted development rights have been removed in this instance?

 

[^woody^]

If its not residential then you can't live in it. It's not just planning law that would be contravened.

 

[willmo82]

Thanks for your help
It's a beautiful old church building (not office) and it is falling into disrepair... I want to do it up and use it as a holiday home.. but they are being so difficult.

If I purchased it (which I still want to do) and made modifications like build a driveway, could they stop me doing that? Do you need permission to widen an existing driveway?


The planners are saying I need a massive garden (there is ample garden 130msq) but they won't say how big it needs to be! Also that the next door neighbours wall is too high to allow pass the driveway sighting distances and I need to ask him if I can lower it to 1m which he won't.

My thought is to do the majority of the work and then apply again retrospectively. If I own the building and have a driveway in use.. they shouldn't be able to reject on basis of driveway if one is already in use..

 

[^woody^]

Everything you need to know is on your council's local planning policy.

Driveways are permitted development if you abide by the PD rules.

 

[MarkBarl]

Although I know little on this subject, I am involved with a charity that was thinking about selling a property that had been used as a community building. When we consulted the council, we were told that it would have to be marketed as for community use for at least 6 months with no takers before they would consider a change of use.
Your local authority must have some kind of similar policy regarding change of use for community or religious buildings. There are plenty of old chapels that have been converted to residential. Perhaps if you can find one in your vicinity, you might be able to get some advice regarding how they went through the process.
It would be far better to address why the council don't want to grant change of use that to try and circumvent things.

 

[willmo82]

Thanks again guys
They are not saying I cannot change use, but they are placing impossible restrictions like saying I have to have a driveway, and then I have to get the neighbours wall lowered for road access, I can't do that as he won't agree to it.

and then they want me to provide an unspecified amenity area of their approval. They won't say what size! 130sqm is apparently too small but I think it's very big!

 

[Nakajo]

"not office" ?? You know, there was some inference in your original statement that it might have been, you know, somehow 'officey'

 

[willmo82]

Ha ha
Just thought I would get more people with knowledge of this sort of thing if used office in the title!

 

[^woody^]

I was really looking forward to discussing officey things, but now I'm just not interested and feel cheated and dirty.

 

[willmo82]

Legend!
But seriously there must be a way round the planning department being unreasonable

 

[LukeB123]

Legend!
But seriously there must be a way round the planning department being unreasonable

Yep, lower the wall so there is no Highway safety issues and provide more amenity space. I assume you have put a planning application in and received reasons for refusal?

 

[willmo82]

Legend!
But seriously there must be a way round the planning department being unreasonable

Yep, lower the wall so there is no Highway safety issues and provide more amenity space. I assume you have put a planning application in and received reasons for refusal?

It's the neighbours wall and he won't lower it
Amenity space - they won't say what size needs to be provided but they just keep saying that it's too small without any justification at all

 

[^woody^]

You dont need permission for a drive per se. If you want a hard surfaced drive, then if you follow the PD rules, then you dont' need permission for that.

You dont need planning permission for access to your land unless the road is a classified road. That is when the visibility angles come into play that you seem to be mentioning. But the first test is whether you actually need permission in the first place.

The unreasonableness of the planners is subjective. The neighbours of the site might think that the planners requirements are perfectly reasonable in protecting their interests