Appeal Decision 10A - Certificate of Lawful Development.

The following appeal summary has been written by Steve Speed, and is available on his website www.planningjungle.com

24 July 2009 – Acre Barn Cottage, St Georges Hill Road, Redhill, Surrey RH1 5RD  

Planning Inspectorate Reference: APP/L3625/X/08/2088922 

Reigate & Banstead Borough Council Reference: P/08/00641/CLP 

Summary of Case (appeal dismissed): 

·       The application was for a single storey outbuilding, which would have consisted of two bedrooms, two bathrooms, a lounge and a study.  The appellant argued that the proposed outbuilding would be a “granny annexe” for ancillary use incidental to the enjoyment of the dwellinghouse, with no kitchen, and no separate garden.

The Inspector acknowledged that the proposed building would not have a kitchen and that the occupants could eat with the family in the main dwellinghouse.   However, he also noted that the simple introduction of small kitchen appliances such as a microwave, fridge and oven would allow the building to be occupied entirely independently.  He concluded that the proposed building, with two bedrooms, two bathrooms, study, lounge and hall, would be in excess of what would reasonably be required for a purpose incidental to the enjoyment of the dwellinghouse, and would not therefore be permitted development under Class E. 

Main Conclusion: 

·      Where a large outbuilding would have many of the facilities that are typically found in a self-contained residential unit, then even though it might not have all such facilities (in this case there would have been no kitchen), it is still possible for it to fail to comply with the “incidental” requirement of Class E. 

Link to case on Planning Inspectorate website: 

http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/L3625/X/08/2088922&caseaddress=COO.2036.300.8.595703