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JGM, Solicitor
Category: Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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We have an annex, it's use must be ancillary to the main dwelling

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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?
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.
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Customer: replied 2 years ago.
Happy to wait, thank you. I appreciate it is not a straight forward situation.
We will continue to look for a Professional to assist you.
Thank you for your patience,
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
 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: 12199
Experience: 30 years as a practising solicitor.
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