Certificate of Lawfulness Approved for a Sauna, Gym and Storage
Mole Valley has recently approved a Certificate of Lawfulness application that sought to establish that a proposed outbuilding in the Surrey Green Belt would constitute permitted development. The proposed building will be over 100 sqm in floor area and will contain a sauna, shower and bath room, gym and garden storage.
The Planning Issue
A D P were approached as a substantial outbuilding had been constructed in the rear garden of a home in the Green Belt and was subject to an enforcement investigation by the local planning authority. Following our advice, subtle modifications were proposed to the building to ensure that it met with the criteria set out in the General Development Permitted Order.
An issue in this case was whether the building would be in an incidental use, where permitted development rights apply, or an ancillary use, which would be strictly resisted by the local planning authority as it fell within the Green Belt, where there is a presumption against inappropriate development and where a local planning policy would prevent such buildings in this location.
An incidental use is one that is subordinate in nature and one that is secondary and supplementary to the primary use of the main residential dwelling. An ancillary use on the other hand is one that includes a use or activity that could be carried out in home, for example, cooking and sleeping. When an ancillary use is proposed, then a formal planning application is required.
In this case we successfully argued that the proposed sauna, with its associated shower/bath facilities, together with the gym and garden storage constituted an incidental use, and that they were reasonably required, and so fell within the permitted development allowances. The Council accepted the justification for the large building that we put forward and we are pleased for our clients, as the enforcement investigation has been removed.
Contact Us
Please contact A D P at mail@adpltd.co.uk or use the form below if you have a new householder project and require architectural design and planning advice.