Appeal 3329284

The appeal is dismissed.

The Council, in its decision notice, states that it is not satisfied that the proposed development falls within any class of permitted development specified in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995.

The appellant states that whilst the proposed development would not comprise a wholly independent residential unit, it would comprise living accommodation for a family member and would also be used as a home cinema by family members.

The proposed accommodation has been designed to provide living accommodation and includes a bedroom, bathroom and a kitchenette. It would be capable of being accessed separately from the main dwellinghouse and providing primary habitable accommodation separate from the main dwellinghouse.

Taking account of the above, the main issue in this case, as set out below, is whether the proposed development would result in acceptable living conditions for future occupiers.

The Council states in its decision notice that the proposed development would harm the character and appearance of the area. However, this is at odds with the Council’s own officer’s report, which states that the overall scale, design and siting of the of the existing outbuilding is acceptable.

The outbuilding has a lawful development certificate and there is no substantive evidence before me to demonstrate that the proposed development would harm the character and appearance of the area.

The main issue in this case is whether the proposed development would result in acceptable living conditions for future occupiers, with regards to internal space.

The appeal property is a two storey semi-detached dwelling located in a residential area characterised by the presence of similar two storey semi-detached dwellings set back from the road behind short parking areas. 10.The presence of a wide grass verge and street trees opposite the appeal property, along with glimpses through to the rear gardens of dwellings provides for a pleasant, green and spacious local character. 11.The appeal property has been extended to the rear and the outbuilding the subject of this appeal is located at end of the rear garden, stretching across its width. 12.The proposed development would be laid out as living accommodation with a separate bedroom, a bathroom and a kitchenette/living area, also to be used as a cinema room. I find that this would result in living accommodation being “squeezed” into a small area, such that there would only be minimal space for normal living requirements, such as a chair and table, eating space and a bed, as well as providing seating for a home cinema for family use and still providing adequate space for circulation and for general day-to-day living requirements. 13.I find that this would result in the overall accommodation being unduly cramped and that as such, the proposed development would fail to provide suitable living accommodation for future occupiers. 14.Taking the above into account, I find that the proposed development would not result in acceptable living conditions for future occupiers, with regards to internal space, contrary to the National Planning Policy Framework; to London Plan Policy D3; to DMP1 Policy DM1; and to the Council’s Supplementary Planning Document: [name] (2010), which together amongst other things, seek to protect residential amenity.