How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10913
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

We have an annex, it's use must be ancillary to the main dwelling

Resolved Question:

We have an annex, it's use must be ancillary to the main dwelling. My husband and I both work and 3 months ago we asked a friend to move in to support me with our 4 children (5, 8, 8, and 9years) as my mental health has not been great. She is employed full time elsewhere but helps us out 3 set evenings a week, including one pick up from school, and 2 Saturdays a month (probably 10 hours a week maximum), we also exercise daily and she has had a very positive impact on my mental health. She does not pay rent. The council have said that this involvement is ad hoc and that our use of the annex is unauthorised. They have suggested that we get rid of the kitchen facilities so that she is dependent on the main house.
We are very frustrated by this response and would like her to keep her independence.
We think the council's main objection is that the lady is employed full time elsewhere and living independently. It is very difficult to get someone to look after 4 children in the after school/ evening and weekend time when we most need it and to be on hand generally to provide support. I know this sounds very wishy washy but the lady has made such a big difference to our lives in the last 3 months that we would like to have things stay as they are currently.
We are thinking of getting legal advice but the whole situation is very stressful and if we will be fighting a loosing battle then I would rather not. Do you have any advice?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Happy to wait, thank you. I appreciate it is not a straight forward situation.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  JGM replied 1 year ago.
Thank you for your question.
I think the planners ar being very unreasonable as the annex is being used by someone who is providing childcare and also palliative care. The local authorities all have their own policies but typically you should satisfy the following:
The annex should:
 Be subordinate to the main dwelling.
 Be linked internally to the main dwelling.
 Rely on a common shared access with the main dwelling.
 Be within the curtilage of the main dwelling.
 Have a functional connection with the main dwelling (e.g. the occupant should be a
dependant relative of the residents of the main dwelling or employed at the main
dwelling).
 Be in the same ownership as the main dwelling.
 Be designed in such a way as to easily allow the annexe to be used at a later date as
an integral part of the main dwelling.
 Have no boundary demarcation or sub division of the garden areas between the
curtilage of the main dwelling and the annexe.
 Have adequate parking and amenity facilities for the needs of the annexe occupants
and the residents of the main dwelling.
 Comply with the Council’s normal standards for extensions to a dwelling including
those relating to design and the amenities of neighbouring occupiers.
The argument here would appear to be that of functional connection. Your friend certainly has a functional connection according to your narrative as she is there to help you and the house and the annex ar one. You don't need to take away the kitchen as there is nothing to prevent a house having two or more kitchens.
I think your solicitor, or better still planning consultant, should take a harder line with the council and I see no reason why you would not be successful.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10913
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice