Converting a garage into a dwelling

Converting a large garage into a stand-alone dwelling makes sense in many contexts.  A domestic garage is already in residential use, so where is the harm if it is converted to a small dwelling?  Could this be considered 'subdivision of an existing residential unit'?

Conversions to dwellings in the countryside

The problem arises if the domestic garage being proposed for conversion is situated in the countryside.  Most Local Plans seek to prevent new housing in the countryside on principle, even if the proposed dwelling is simply a conversion of an existing building.  Paragraph 79 of the National Planning Policy Framework supports local planning authorities in this regard stating that, “Planning policies and decisions should avoid the development of isolated homes in the countryside”.

NPPF paragraph 79d

Paragraph 79 of the Framework provides a number of important exceptions to the normal ban on isolated new homes in the countryside.  Paragraph 79d allows new dwellings if, “the development would involve the subdivision of an existing residential dwelling.”

Some appellants have argued for a ‘wide definition’ of the term “dwelling” to include all buildings within the domestic curtilage, including detached garages.

When are subdivisions of a dwelling unacceptable?

Some appeal Decisions have allowed the conversion of garages to create new dwellings in the countryside by interpreting paragraph 79d of the Framework broadly to mean the residential unit.  This was put to the test by Wiltshire Council in the case of an appeal where the Inspector had allowed conversion of a detached garage to an independent dwelling (appeal ref 3235985).  It referred to other appeals where Inspectors had made a similar interpretation of 'dwelling' (eg. appeal ref 3191044).

Definition of "subdivision of a dwelling”

The Council argued that a wide interpretation of the term ‘dwelling’ would open the floodgates to the conversion of any domestic outbuildings and create a loophole that would be quickly exploited across the country to deliver large amounts of rural housing. 

The word ‘dwelling’ was inserted in the 2019 Framework to replace the previous term ‘property’ in the 2018 draft Framework.  This change in wording was cited as evidence that the term ‘dwelling’ should be narrowly interpreted. The case was considered by the High Court in the case Wiltshire v DHCLG and Mr Howse [2020] EWHC 954 (Admin).

The Planning Inspectorate conceded the case and agreed with the Council, accepting that their Inspector had mis-interpreted the Framework.  The appellant, bizarrely but appropriately named Mr Howse, fought the case in the High Court.  Our thanks go to No.5 Chambers who brought this case to public attention in their Covid-consequences Podcast episode 5.

In this far-reaching High Court Judgment, Mrs Justice Lieven ruled that the term ‘dwelling’ should be narrowly interpreted saying, “To my mind, sub-division of a dwelling, implies a single building.”

Urban / rural policy differences

This case highlights the difference in treatment between converting a domestic garage that lies within a settlement and converting an identical garage in the countryside.  Where conversions of domestic outbuildings are concerned, the location of the property is key.

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