Incidental use

[edit] What is an example of incidental use?

Incidental use is a term relevant to UK planning and is closely linked to, but not the same as, ancillary use. Incidental use refers to minor, secondary or complementary uses that are concurrent with main use. For example a garden shed is generally incidental to the use of the garden of a dwelling house, it is normally a relatively temporary building and incidental to the enjoyment of the dwelling house and can be particularly relevant to changes of use.

[edit] How is incidental use described in planning?

The Town and Country Planning (General Permitted Development) (England) Order 2015, Changes over time for: Cross Heading: Class E – buildings etc incidental to the enjoyment of a dwellinghouse describes this as such;

Class E – buildings etc incidental to the enjoyment of a dwellinghouse

Permitted development

E. The provision within the curtilage of the dwellinghouse of—

• (a)any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or
• (b)a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

It is important to note that the order in E.1 onwards goes on to describe many examples where cases are not permitted, even if considered as incidental, so further advice should always be sought.

[edit] When does incidental use become auxiliary use?

If the garden shed becomes larger, permanent, more significant, or in extreme cases with uses beyond the storage of equipment such as a workshop or even a separate dwelling, then no longer minor and incidental, it becomes ancillary and potentially considered as a separate use.

The Permitted development rights for Householders Technical Guidance 2019 describes examples that would be considered as incidental use and where these may be considered a auxiliary use;

“Examples could include common buildings such as garden sheds, other storage buildings, garages, and garden decking as long as they can be properly be described as having a purpose incidental to the enjoyment of the house. A purpose incidental to a house would not, however, cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen”.

Incidental use is often temporary and as such does not significantly impact the overall functioning of the primary use in question. Incidental uses are of a lesser scale and importance when compared to the main use but in many respects there is a fine line or at least common misunderstandings between incidental and ancillary. These differences can become significant in the eyes of planning law, where the authority may consider use as no longer incidental. These types of cases are common in the use of for example outbuildings, annexes and larger sheds.

Essentially, to a large extent whether something is ancillary or incidental can be a matter of interpretation and context, one which planning authorities may also take into consideration neighbours, the surrounding area, and specific policies or regulations. These interpretations can also change over time, depending on previous cases, locally and nationally, as such it is always worthwhile seeking advice on specific cases and how they might be viewed by local authorities before making assumptions.

[edit] Related articles on Designing Buildings

• Caravan Sites and Control of Development Act 1960.
• Changes to permitted development in 2023‎.
• Could microhousing tackle London's housing crisis?
• Detailed planning application.
• Granny annexe.
• Micro dwelling.
• Mobile home.
• National Planning Policy Framework.
• Outbuildings definition.
• Permitted development.
• Planning permission.
• Planning condition.
• Planning obligation.
• Sui generis use class in planning.
• Tiny house.
• The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023‎.

[edit] External links

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/1/crossheading/class-e-buildings-etc-incidental-to-the-enjoyment-of-a-dwellinghouse

https://www.legislation.gov.uk/uksi/2023/747/made