For those of us who navigate the complex and convoluted world of the development of dower units in Guernsey, the latest release from the Planning Service of Advice Note 1 is significant. It is, in fact, the fourth iteration of the Advice Note, but for general release.
The technical guidance runs to some six pages and provides clarity (amongst other things) of what constitutes ‘ancillary living accommodation’, and when planning permission is, and is not required.
As is the case generally, if planning permission is needed, then an application will be assessed against the relevant policies within the Island Development Plan. That assessment will also be in parallel with any legislative obligations and interpretation as set out in The Land Planning and Development (Use Classes) Ordinance 2017 (for example- the definition of ‘dwelling’)
A material consideration for the Planning Service is whether the accommodation would be ‘ancillary or associated to the principle dwelling’ and several factors will need to be closely borne in mind.
From a practitioner’s perspective, the release of AN1 draws to a close the previous opacity surrounding the subject area, and on that point alone is a welcome development.
For any matters concerning Guernsey Planning and Environmental Law and Regulatory queries, please contact Alastair Hargreaves for further assistance.