The situation with regard to planning permission is quite simple. Provided any use is ancillary to the main use then there is no need for consent for the ancillary use.
However our opinion in respect of that, and any other lawyers opinion in respect of that is likely to be useless as far as any buyer is concerned. They will not want an opinion from your lawyer or their own, they will want it from the horses mouth, from the local authority. Hence, you are going to need to get the local authority to commit in writing to say that there is no problem with you doing what you are doing.
Ultimately, it is the local authority that brings enforcement proceedings and that is why the decision must come from the local authority. The last thing any buyer would want is to buy the property based upon your own say-so that there is no requirement for planning consent for this, only to find out later on that there is a problem and that the advice you received and you gave them was flawed.
With regard to advice, do remember that litigation requires at least 2 parties and neither of them goes to court expecting to lose.
Nonetheless, one of them does lose even though they have both been told by their respective legal advisers that they have a good chance of success.
That is the situation that you are in, whilst we may give you an opinion which is that there is no problem with this, the local authorities law use may be of a different opinion and that is why you need it directly from them in writing. You don’t need to apply for planning permission, a simple letter will suffice although the local authority being the local authority will probably want you to make an application for a certificate of lawful use for which there is, surprise surprise, a fee!
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