Appeal 6005032

The appeal is allowed and planning permission is granted for the installation of kitchenette in existing outbuilding (Annexe) at [site address] in accordance with the terms of the application, Ref 253715FUL, 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: ART/2025/ [postcode] /ELPL and ART/2025/GA28/FE.

The main issues are: • Whether the proposal constitutes ancillary accommodation; and • the effect of the on the living conditions of occupiers.

The existing single storey detached flat roofed garden outbuilding/annexe is located to the back of the rear garden of the main dwelling on the appeal site. This main dwelling is a two storey semi-detached house located on the corner of the junction of [address] with [address].

Planning permission1 was granted in 2022 for the existing outbuilding/annexe. A condition was attached to the permission that it be used only for domestic purposes incidental to the dwelling on this site, and not be used for separate habitable accommodation, letting or any commercial use, and that no cooking or kitchen facilities be installed at any time.

The planning application that is the subject of this appeal seeks a new planning permission for the now built outbuilding/annexe to include kitchen facilities including those for cooking. This application is explicit in that it seeks an outbuilding/annexe to the main dwelling on the appeal site with cooking and kitchen facilities and does not seek planning permission for a separate dwelling.

As existing, the small scale of the outbuilding/annexe results in it appearing as being in scale with its bottom of the garden location and to be similar in scale and appearance to other garden outbuildings and structures in the local area. The inclusion of the proposed kitchenette in the existing outbuilding/annexe will not alter this.

The inclusion of the kitchenette into the existing outbuilding/annexe would allow for a greater degree of independent living for its occupiers with limited cooking and kitchen facilities. However, the inclusion of cooking facilities does not on its own result in the creation of a separate dwelling. Given the scale of the outbuilding/annexe and bottom of the garden location, it would retain a functional and visual relationship with the main house in terms of day to day use and management, particularly the shared facilities such as services, the garden and car parking.

Given my findings above, the proposal would maintain the use of the existing annexe/outbuilding that forms residential accommodation ancillary to the main dwelling and would not constitute the creation of a separate dwelling. As the proposal would not alter the appearance or use of the outbuilding/annexe, it would also reflect and maintain the character of the area.

For the reasons given above the proposal does not result in a separate dwelling but rather maintains the use and character of the existing outbuilding/annexe, with shared use of other facilities provided in the main dwelling. As an ancillary annexe to the main dwelling the living conditions of its occupiers would remain substantially unaltered by the proposal, albeit with a greater degree of independent living possible for its occupiers due to the installation of the proposed kitchenette.

As such, the proposal does not result in the creation of a separate dwelling, with concomitant requirements to meet the London Plan Guidance Housing Design Standards (2023) for a new self-contained single bedroom dwelling, including the requirement to meet the minimum internal floorspace requirements for such developments.

I find that the proposal would result in the continued function of the outbuilding as a subordinate residential annexe and not a separate dwelling and would not result in 1 Planning Ref: 223807HH any harm to the living conditions occupiers. This would accord with policies 7D and 3.5 of the Ealing Development Management: Development Plan Documents (2013) and Policy D6 of the London Plan (2021). Collectively these seek to ensure that development provides suitable accommodation for its occupiers and where they increase demand for open space, an appropriate contribution towards meeting that additional demand is made available.

Along with the standard condition on timing of implementation, in the interests of good design I have attached a condition requiring compliance with approved plans.

The appeal is allowed