Appeal 6003650

The appeal is allowed and planning permission is granted for the existing outbuilding to be used as a habitable garden annex at [site address] , London [postcode] , in accordance with the terms of the application, Ref: P/2025/2062, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: location plan, 3953-00, 3953-01, 3953-02, 3953-03, 3953-04, hand drawn sketch plan of proposed internal layout.

The annex as shown on the approved plans shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as [site address] London [postcode] .

The main issues in this appeal are: • The effect of the proposed use on the character and appearance of the local area, and • The effect of the proposed use on the living conditions of neighbouring residents, with particular regard to noise and disturbance and overlooking and loss of privacy.

The appeal property is a semi-detached property on the west side of [address] and to the immediate south of an access road which leads to the rear of properties along both [address] and [address], providing access to the rear of properties, some with garages and outbuildings. There is an existing detached outbuilding at the rear of the appeal property. I have been provided with no further information in respect of the existing outbuilding, including whether there are any existing restrictions on its use.

The proposal would be to use the existing outbuilding as a habitable garden annex by the owner of the property with family members living in the main house. There would be no external alterations proposed, but the hand drawn sketch plan submitted shows the addition of a kitchenette and shower room within the existing outbuilding. There is no proposed subdivision of the plot. The Appellant has explained that due to his disability he increasingly requires single storey living space and he would occupy the annex with family members in the main dwelling to provide close support.

As set out, there would be no external alterations to the existing outbuilding and detached outbuildings and garages of varying sizes and styles are found in the immediate vicinity at the rear of properties served by the access road leading off [address]. The character and appearance of the local area is defined by residential properties fronting the street, with gardens to the rear and a variety of garages and outbuildings to the rear of plots. I am not persuaded that there would be a material change to the character and appearance of the local area given the proposed residential annex use of the existing outbuilding.

I am therefore satisfied that the proposal would respect the character and appearance of the local area and there would be no conflict with Policies CC1, CC2 and SC7 of the Hounslow Local Plan (Local Plan) as well as the National Planning Policy Framework (Framework) and in particular Section 12 all of which seek for new proposals to respect the local context.

The outbuilding is already in existence and, although there is no information before me, there is likely to be a number of comings and goings between the main property and the outbuilding as existing. Given that the proposed use would remain connected to the main dwelling, and notwithstanding the limited information before me, comings and goings would be likely to remain limited and typical for a residential area. I do not therefore consider that the proposed use would lead to unacceptable levels of noise and disturbance for the surrounding neighbours.

Similarly, as there are no additional windows proposed, and given the distances between the outbuilding and the windows in neighbouring properties, as well as the existing boundary treatments, I do not consider that there would be any material harm in respect of overlooking and loss of privacy for the adjoining neighbours.

I am therefore satisfied that the proposal would not materially harm the living conditions of the surrounding residents, with particular regard to those at Nos 40 and [address]. There would be no conflict with Policies CC2 and SC7 of the Local Plan and paragraph 135 of the Framework which seeks to protect the amenities of existing and future neighbouring occupants.

The Council’s reasons for refusal refer only to policies in its Local Plan, but the Officer’s report also makes reference to guidelines in its Supplementary Planning Document: [name], Sustainability and [name]; Part A5 [name] (SPD). I have full regard to these guidelines but I am satisfied that in the particular circumstances of this case the proposal before me, which would utilise an existing outbuilding, would respect both the character and appearance of the local area as well as the living conditions of surrounding neighbours which are the overall objectives of the SPD as set out under its Introduction.

[name] have limited information before me, I am advised that the accommodation would be used by the owner of the property who is disabled, which is a protected characteristic for the purposes of the Public Sector Equality Duty under s149 of the Equality Act 2010. [name] have decided to allow the appeal and grant planning permission for the proposed use of the existing outbuilding, there will be no interference with this duty.

Policy SC7 of the Local Plan, under criterion d, states that planning conditions will be used to prevent the use of outbuildings or extensions as self-contained dwellings. The planning application was submitted on the basis of it being an annex to the main dwelling. Even if the development could be used as a separate dwelling, there is no separate dwelling before me. In any case, if the proposed building were not used as proposed, or if there were a material change of use in the future to create a separate dwelling, then a separate grant of planning permission would be required.

Notwithstanding the fact that the sub-division of the planning unit and use of the annexe as a separate dwelling would constitute a material change of use requiring planning permission, I consider that a condition to control the use of the accommodation to be reasonable and necessary to provide clarity about the development applied for and to ensure compliance with Policy SC7 of the Local Plan.

I shall also list the approved plans for the avoidance of doubt and in the interests of good planning.

For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be allowed.