Granny flat query
We obtained planning permission for a granny flat extension to our house 22 years ago. The plans showed a connecting door between our bedroom and the flat and on a visit from the planner she made the comment that she wouldn’t like the door in her bedroom, but that she wouldn’t be back at the property therefore up to us if we put it in which we decided not to do and a completion certificate was subsequently issued also the granny flat was assessed and rated separate to our own home.
Unitl last year my mother stayed in the flat and when it was vacated we renovated it with the intention that our daughter would move in but she decided not to do so therefore we managed to find a suitable tenant who is not related to us. We have registered with the local authority as landlords and have all relevant certificates necessary for letting a property.
We received a letter from the local planning enforcement advising that the planning permission had been granted and the flat could only be occupied by elderly or dependent relatives of occupants of the main house and we would need further approval should we require that it is used as a separate dwellinghouse. While researching I have found a ruling that states if the planning authority have not taken action to resolve the isssue within 4 or 10 years depending on situation, that they are out of time to enforce and it is taken that the status quo would stand therefore in our situation as the property has been a separate dwelling for 22 years they cannot now enforce us to gain further approval. This is what I was wanting clarification on – appreciate any comments Thanks Irene
Question Posted By – Irene In Area – West Central Scotland