Something to get the brain cells tingling:
- Permission is granted for an annexe building, subject to the usual condition limiting it as ancillary accommodation, and is built out and used as such.
- Occupants then at a later date use the annexe as an independent dwellinghouse.
My question is whether a 4 or 10 year immunity rule applies. On one hand you have the argument that it’s a 10 year breach of condition; on the other hand the 4 year creation of a residential dwellinghouse. The latter sits uncomfortably with Section 171B(2) in that it does not consist of a change of use (i.e. it is C3 before the switch to independent living, but just limited by condition); such that it would fall to be assessed under Section 171B(3). However I do recall case law ruling that the creation of an independent dwellinghouse under C3 invokes a new planning unit and a change of use (and this would align with the need for planning permission where a house is subdivided into two).
> Can anyone clarify for me please, and point me to the case law (if indeed it does exist)?
Many thanks in advance
