Appeal 6005248

The appeal is allowed and planning permission is granted for the conversion of an outbuilding to an annexe at [site address] in accordance with the terms of the application, Ref 25/00817/FUL, and the plans submitted with it, subject to the conditions in the schedule at the end of this decision.

The main issue is whether the proposal would constitute an annexe to the host dwelling of [site address] .

The appeal site comprises a two-storey detached dwelling in generous grounds located on the corner of [site address] and [address]. The outbuilding subject of the proposed conversion is located to its rear. It is single storey and set amongst a group of other domestic outbuildings within the curtilage of [site address] .

Section 6 of the [name]: Supplementary Planning Document (SPD) (2018) sets out the Council’s approach to dealing with annexes, extensions and conversion applications. Amongst other things, Paragraph 6.4 of the SPD expects annexe accommodation to meet 7 listed bullet points. It is common ground that the annexe would be in the same ownership as the main dwelling, be within the same curtilage, and share its vehicular accesses. It would have adequate parking and amenity facilities to meet the needs of those living in the annexe and the main dwelling. This leaves three criteria that the Council contend are not met.

Although the proposed conversion is not attached, it is within the sightlines of the host dwelling, and there is just a short walk between the buildings, allowing for frequent and convenient access across a shared driveway and garden. As an existing single storey outbuilding located to the rear of the large two storey dwelling, the annexe would be subservient and subordinate in scale to the host property. The retention of the three timber garage style doors means it would retain its appearance as a domestic outbuilding with an obvious secondary status. In this regard it meets the first bullet point of Paragraph 6.4 of the SPD.

Whilst internally it would possess all of the facilities necessary to operate independently from the host property, that is not its intention. Moreover, Paragraph 6.4 of the SPD does not preclude this. The evidence indicates that the intended occupier, a close family member, would be reliant on the host dwelling for some functions, including laundry, meals and support provided by on-site family members. There is no substantive evidence to suggest that the occupiers would not have a degree of dependency. I am therefore satisfied that a functional link to the host property has been established as required by the second bullet point.

Concerns have been expressed that the two existing vehicular access points could in the future allow for subdivision of the site. However, the scheme has been advanced as one planning unit, within the same ownership as the host dwelling. Furthermore, such subdivision would require a separate planning application, and would be considered on its merits. It is not a matter for this appeal, as no such subdivision has been applied for.

There is no substantive reason to conclude that the converted annexe would prejudice the future ability to utilise it as an alternative incidental use to the host property, which appears to be the objective of the fifth bullet point in Paragraph 6.4 of the SPD. I therefore find no conflict would arise in this respect.

The main glazed doors to the annexe would open onto a newly laid grassed area. This would make for a more attractive outlook than the existing hardstanding. Whilst this area is surrounded by an existing close boarded fence, this would not restrict it to the sole use of the annexe’s occupier. Notwithstanding the presence of the fence, which the appellant has indicated could be removed, the occupier of the annexe would share the extensive gardens of the host property, thus complying with bullet point 6 which requires there to be no separate boundary or sub-division of the garden.

Furthermore, in line with the expectations of Paragraph 6.3 of the SPD, concerns regarding potential independent use can be addressed through the imposition of a planning condition. This would restrict the occupation of the annexe to purposes ancillary to the residential use of [site address] .

For these reasons, I conclude that the proposal would constitute an annexe that would be ancillary to the host dwelling. It would not conflict with Policies D1 or H4 of the Maldon District Local Development Plan or with the SPD. Amongst other things, these seek to ensure effective use of land, design that respects local context and annexes that are ancillary, subordinate and have a functional link to main dwellings.

The Council has suggested a number of conditions. I have considered these in relation to the necessary tests set out in the National Planning Policy Framework. I have amended some of them as set out below.

In addition to the standard time limit condition for implementation, I have imposed a condition requiring compliance with the relevant plans, in the interests of certainty.

A condition requiring the external facing materials to be implemented as identified within the drawings and on the application form is necessary in the interests of character and appearance.

Finally, I have imposed a condition to ensure that the annexe is only used for purposes ancillary to [site address] , which is necessary in the interests of sustainability and to ensure it is brought forward as indicated.

For the reasons set out above, subject to the conditions, the appeal is allowed.

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

The development hereby permitted shall be carried out in accordance with the following approved plans: 2023-800-AN00 (Site Plans and Location Plan) and 2023-800-AN02 ([name]).

The external surfaces of the development hereby permitted shall be constructed in the materials shown on plan no. 2023-800-AN02 ([name]) and as identified on the application form.

The annexe hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as [site address] . For the avoidance of doubt, the annexe shall not be let, rented, managed or sold independently to the main dwelling known as [site address] . End of Schedule