Incidental use - What some of the Appeal Inspectors have said on C of LD Appeals relating to this issue.

22 September 2009

Bywood, Honeypot Lane 

APP/G2245/X/09/2100324 

Outbuilding containing bedroom. 

The Inspector found that a bedroom, which is primary residential accommodation, is not incidental.  

22 September 2009

10 Church Road

APP/W0530/X/09/2101282 

Two extensions to existing outbuilding, to include new kitchen and study. 

The Inspector stated that “primary living accommodation” is taken to be “part of the normal facilities that could be expected to be provided within a dwellinghouse”, and that therefore the proposed kitchen would be “primary living accommodation”. The Inspector stated that previous appeal decisions have established that such accommodation would not be considered as being used for purposes categorised as ‘incidental’ to the enjoyment of the main house and would not therefore be permitted by Class E. The Inspector stated that ‘incidental’ purposes are regarded as being those connected with the running of the dwellinghouse or with the domestic or leisure activities of its occupants, as distinct from ordinary living accommodation. 

The Inspector noted that in Rambridge v SSE (1996) the court held that Class E does not permit a building that is designed from the start as primary residential accommodation, and that in Peche D’Or Investments v SSE (1996) the court rejected the proposition that a building that had been built for ‘incidental’ purposes under Class E could, a day later, be changed to primary residential accommodation. However, the Inspector acknowledged that if a building had genuinely been constructed for incidental purposes, planning permission was not required for a later change [to primary living accommodation], provided the building remained within the same planning unit. 

The Inspector concluded that in this particular case, as the outbuilding is an existing curtilage building, it [the existing outbuilding] could now be altered internally to include primary living accommodation such as a kitchen and bedrooms, provided it remained part of the same planning unit as the main house. Nonetheless, to be classed as permitted development under the revised Class E, any extension to the building could only be for accommodation 

required for purposes incidental to the enjoyment of the original dwellinghouse 

19 October 2009

The Cherries, Wingham Well Lane 

APP/X2220/X/09/2097943 

Outbuilding containing domestic garage and store. 

The proposed outbuilding would have had dimensions approx 12m x 9m. The Inspector found that it would not be incidental. 

28 October 2009

Porters Cross, Crazies Hill 

APP/X0360/X/09/2102032 

Outbuilding containing swimming pool, two changing rooms, and a plant room. 

The proposed outbuilding would have floor area approx 200m2, in comparison to a house with footprint approx 235m2 and floor area approx 300m2. The Inspector found that the proposed outbuilding would be incidental. 

11 November 2009

30 Linksway 

APP/R5510/X/09/2103482 

Outbuilding containing swimming pool. 

The proposed outbuilding would have size 6.6m x 20.45m (= 144m2) within a site of size 25m x 75m (= 2025m2). The Inspector found that the proposed outbuilding would be incidental. 

13 November 2009

31 Vicarage Road

APP/Z3635/X/09/2102498 

Outbuilding containing living room, two bedrooms, and a bathroom, but no kitchen. 

The Inspector stated that Class E is directed to incidental purposes (a garden store, summer house, pet animal housing or the like) rather than the provision of additional residential accommodation. The Inspector stated that even if the proposed outbuilding is not self-contained (because it does not contain a kitchen), the clear and stated intention is for the proposed outbuilding to provide additional residential accommodation, and therefore it would not be incidental. 

17 November 2009

14 Fairfax Road

APP/L5810/X/09/2105421 

Outbuilding containing home office / spare overnight bedroom, bathroom, toilet. 

Taking into account his view that the overnight bedroom accommodation would be an infrequent use, the Inspector found that this would be incidental. 

17 November 2009

14 Fairfax Road

APP/L5810/X/09/2110592 

“Outbuilding” (i.e. for an unspecified purpose). 

Taking into account that the onus is on the applicant to specify the purpose to which the outbuilding is to be put, the Inspector found that he could not conclude that a structure simply marked as “outbuilding” would be incidental. 

2 December 2009

Little Heath, Roman Ride 

APP/X0360/X/09/2107624 

Outbuilding containing double garage for the storage of 

classic cars, gym/studio, sauna, WC and boiler room. 

The proposed outbuilding would have footprint 173m2, in comparison to the dwelling (bungalow) which has footprint 179m2. The Inspector found that the proposed outbuilding would be incidental. 

15 January 2010

Windrush, The Ridgeway 

APP/Q5300/X/09/2111395 

Outbuilding containing gym, playroom, “kitchen” (consisting of sink and fitted cupboards), wash handbasin, WC, with electricity and water supply, and underfloor heating. 

Taking into account the size of the large detached house next door, the proximity of its conservatory, extending a significant distance to the west of the main building towards the appeal structure, the latter’s total lack of sleeping accommodation and the absence of any fence or other means of enclosure separating the two buildings from each other, the Inspector found that the outbuilding is incidental. The Inspector also awarded costs against the Council. 

25 January 2010

86 Hitherbroom Road

APP/R5510/X/09/2111737 

Outbuilding marked on plan as “exercise/playroom”. 

The Inspector stated that: 

“Class E of the GPDO does not permit the erection of outbuildings for use as additional residential accommodation of the sort which would normally be found in a house, for example as an additional bedroom or living room. It is therefore appropriate to examine the reasons for development being "required" under Class E - otherwise the GPDO would be open to abuse by sham proposals, involving buildings being constructed for one stated purpose and then being used for another purpose.” 

The Inspector concluded that the annotation “exercise/playroom”, with no other information, was vague, and that the applicant had failed to put forward evidence on which the Inspector could base a finding that the building is reasonably required for a purpose incidental to the enjoyment of the dwellinghouse as a dwellinghouse. 

26 January 2010

81 Bourne Avenue

APP/R5510/X/09/2110511 

Outbuilding as “playroom”. 

Virtually identical to 86 Hitherbroom Road appeal decision notice – applicant had failed to demonstrate that “playroom” was reasonably required for a purpose incidental to the enjoyment of the dwellinghouse as such. 

18 March 2010

41 London Road

APP/X0360/X/09/2112801 

Erection of an outbuilding for use as a playroom, gym, sauna, workshop and store. 

The new building would house a playroom, a gym, a sauna, a workshop and a store. The playroom would house a full size snooker table while the appellant regards the rest of the accommodation as a scale that is suitable for all the occupants of the dwelling. It is also said on her behalf that the store is of a reasonable size for “leisure/ garden/ maintenance equipment” because the house itself has four double bedrooms. 

The appellant has an unusually long, but relatively narrow garden at the rear of her terrace house. From the plans submitted with the application to the Council the new building would be 6.4 m wide and 41.4m long. It would be a little over 2m from each side boundary and 2.5 to 3.5m from the rear boundary. It would lie about 15m from the rearmost part of the existing house. The roof would be pitched with a ridge height of 3.8m. 

The plans show that the footprint of the existing house is about 100m² while the new single storey building would have a footprint of 285 m². Other houses in the row have shorter gardens while on one side the lower half of the appellant’s garden adjoins a Council car park. 

The Inspector stated that 

“Purposes incidental to the enjoyment of a dwellinghouse have been held to include those connected with the running of the dwellinghouse or with domestic and leisure activities of the persons living in it. Specifically, a games room to accommodate a billiards table has been held (in an appeal decision reported at [1987] JPL 733) to satisfy that objective. In Emin v SSE [1989] JPL 909 the High Court accepted that it would be wrong to consider that the proposed buildings could not reasonably be said to be required for a use reasonably required for the enjoyment of the dwellinghouse simply because it would provide more accommodation for secondary activities than the house provided for primary activities; that was not part of the test as to which buildings fell within this class. 

Two principles have emerged from the cases. First that something which is ‘incidental’ cannot be a dwellinghouse nor, therefore, can it be for something for the provision of a dwellinghouse purpose, such as a bedroom or kitchen. Secondly, a “purpose incidental to the enjoyment of the dwellinghouse as such” is a broad concept. It is a matter of fact and degree in each case. The building must be “required” for the incidental purpose, it is a matter primarily for the occupier to demonstrate what incidental purposes he intends to enjoy.  

In this case the appellant has given little by way of any explanation for the unusually large size of the proposed building. Although the appellant says the store is ‘adequate’ for hobby equipment, garden furniture, garden maintenance equipment and recreational equipment, a room of 11m x 6m appears to be excessive for what would become a much smaller garden. Similarly although it is said on behalf of the appellant that the gymnasium is required to accommodate running, rowing, multifunctional weight training equipment and floor space for exercises, 7.5m x 6m again appears to be excessive. It appears that the snooker room is likely to have a bar area. There is also some reference to the need to take into account wheelchair and disability cart movements although nothing in the submissions made on behalf of the appellant indicates that occupants of the house are disabled. 

In Wallington v SSW (1991) 62 &CR 150, the Court of Appeal held that the words “as such” in the Act must mean “of and incidental to the enjoyment of the dwellinghouse as a dwelling-house.” The mere fact that the occupier may genuinely regard the relevant activity as a hobby could not suffice to prove that the purpose was incidental to the enjoyment of the dwellinghouse as a dwellinghouse. An objective standard had to be applied in considering the relevance or otherwise of the provisions of the GPDO. 

In Emin it was said that “the fact that such a building had to be required for a purpose associated with the enjoyment of the dwellinghouse could not rest solely on the unrestrained whim of him who dwelt there. It connoted some sense of reasonableness in all the circumstances of the particular case…..the word ‘incidental’ connoted an element of subordination in land use terms in relation to the enjoyment of the dwellinghouse itself.” The judge also said “...the question as to whether a building qualifies for the purpose of the order would raise questions of fact and degree which are quintessentially appropriate for consideration by a planning authority or the Secretary of State or his Inspector, who were well practised in the problem of resolving sometimes difficult and finely balanced issues of fact in the field of land use 

planning.” 

Having regard to this judicial advice and the circumstances of this case, the proposed new building exceeds what may be reasonably considered as incidental to the enjoyment of the dwellinghouse. The building would be much larger than the house itself, even including the upper floors. Although the activities designated on the plans of the new building fall into categories that, individually, may be acceptable as incidental to the enjoyment of the dwelling house, taken together they occupy an unreasonable amount of space. Thus as a matter of fact and degree the proposals do not come within the terms of Class E of Part 1 of GPDO.”

21 April 2010

Beech Coppy, Bradford Lane 

APP/R0660/X/10/2120458 

Two outbuildings, one to contain a swimming pool, sauna, bar area, changing room, WC, plant room, store (the “Pool House”), and the other to contain a snooker room, gym, bar area, kitchenette area, changing room and WC (the “Leisure Building”). 

The Inspector found that the proposed outbuildings would be incidental. 

7 June 2010

33 Station Road , Sunningdale 

APP/T0355/X/10/2121005 

Outbuilding marked “Games Room”. 

The Inspector found that the proposed outbuilding would not be incidental, and stated the following: 

“There is no explanation why a building of this size is required for use as a games room. In my view, in order to satisfy Class E it is not enough to meet the physical criteria and state that the building will be used as a games room. It is also necessary to provide enough evidence to show, on the balance of probability, that the building is reasonably required for a use which is truly incidental and not for a primary residential use. Taking into account all the circumstances and the absence of any explanation as to why the building is required for the stated purpose, I conclude on balance that this building is not required for a purpose incidental to the enjoyment of the dwellinghouse as such. It would not therefore be permitted development under Class E.” 

11 June 2010

83 Bodley Road , New Malden 

APP/Z5630/X/09/2114743 

APP/Z5630/X/10/2124654 

Family entertainment / fitness / play / cinema room, refreshment & changing room, shower room, hobby workshop & storage. 

The Inspector found that the proposed outbuildings would be incidental. 

22 June 2010

15 Field Close, Hounslow, TW4, 6LN 

APP/F5540/X/09/2118743 

Room containing a dining table, bed, and clothes hanging up. 

(Structure is an extension, but the Inspector considered the hypothetical question of what if it was detached). 

The Inspector found that the structure would not be incidental. 

The Inspector also explained that a structure that does not comply with the GPDO at the point in time when it is substantially completed, can not be later altered to comply: 

“Moreover the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (“the Order”) cannot be claimed retrospectively. In the case of R (oao Watts) v Secretary of State for the Environment, Transport and the Regions [2002] JPL 1473 Ouseley J. held that the question to be answered is whether, from the start of the development for which reliance on the provisions of the Order is claimed until the time at which it has been substantially completed, the building which is being altered pursuant to the Order has been otherwise enlarged, improved or altered so that the cubic content of the “resulting building”, including works under the Order, exceeds the cubic content of the original dwelling house by more than the specified allowance. If it does the said works cease to be protected by the Order and can be the subject of enforcement action. On this basis a structure either was or was not erected as permitted development and the structure cannot be made so retrospectively by altering it to try and make it meet the criteria in the Order.”

9 July 2010

3 Darley Green Road , Knowle, B93 8PP

APP/Q4625/X/09/2113677 

Outbuilding with 1 large open plan room and 1 smaller room, with use indicated storage, games room, hobby room, office/study. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“I note that individually each of the activities described above can be reasonably regarded as being ‘incidental’. However, the building would comprise a large open plan space with a smaller room to the rear. The evidence does not clearly show that the garden annexe would be used in a particular way for the incidental activities, due to the lack of complete and sufficient internal layout plans. The information submitted does not demonstrate that this building’s scale and size is necessary for the incidental uses.”

19 August 2010

The Royds, Whitechapel Road 

APP/Z4718/X/10/2127900 

Outbuilding with library, art studio, play room, store, toilet and lobby. 

The application originally stated that the proposed outbuilding would be used as a “granny flat” for the appellant’s father, and would also contain a library, a play room and storage rooms. Subsequently, an amended drawing was submitted showing the use of the rooms as a library, art studio, play room, store, toilet and lobby, albeit with no change to the dimensions of the proposed outbuilding. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“Class E does not permit the erection of outbuildings for use as additional residential accommodation of the sort which would normally be found in a house, for example as an additional bedroom or living room. It is therefore appropriate to examine the reasons for development being "required" under Class E - otherwise the GPDO would be open to abuse by sham proposals, involving buildings being constructed for one stated purpose and then being used for another one. In this instance, I am concerned that although the building appears to have been designed initially to provide a degree of living accommodation, and looks very much like a bungalow, its form, appearance and scale remain the same despite the apparent omission of the living accommodation. Although I have read that the appellant’s father is now to be accommodated in the main house, it has not been explained why a building of the size proposed is still required in the light of this change. Nor is there anything before me that shows how the accommodation, including the ‘art studio’ that would occupy a large proportion of the building’s floorspace, would function relative to ‘The Royds’. 

I find the proposal as it stands vague and imprecise. Merely making an application for a LDC and indicating a proposed use does not provide a case that what is proposed is, or would be, reasonably required. The submission that the uses shown are “accepted as” secondary or ancillary to the enjoyment of the dwellinghouse offers little assistance in this respect as it does not help shed much light on the matter. And, while the scale of the proposed building may well be less than that of ‘The Royds’, this has no bearing on the point at issue here. No evidence has been put forward on which I could base a finding that the building is reasonably required for a purpose incidental to the enjoyment of the dwellinghouse at ‘The Royds’. 

In the light of the foregoing, and mindful of the onus of proof referred to in paragraph 6 above, I am not satisfied that the evidence is sufficiently clear or compelling that it demonstrates that the proposed building would be permitted development under Class E of Part 1 of Schedule 2 of the GPDO.”

2 November 2010

12 Gladsdale Drive , Pinner, Middx, HA5 2PP 

APP/R5510/X/10/2121399 

Garage and games room. The proposed outbuilding would have area approx 52m2.  

The Inspector found that the proposed outbuilding would be incidental. 

The Inspector stated the following: 

“Garages and games rooms are capable of being a type of use which is incidental to a dwellinghouse. The court held in Emin4 that is incorrect to say that proposed buildings could not be said to be required for a use reasonably incidental to the enjoyment of the dwelling as such because they would provide more accommodation for secondary activities than the dwelling provided for primary activities; this was not part of the test as to what buildings fell within Class E. Nevertheless, the test must retain an element of objective reasonableness and should not be based on the unrestrained whim of an occupier. On the other hand, a hard objective test should not be imposed to frustrate the reasonable aspirations of a particular owner or occupier so long as they are sensibly related to the enjoyment of the dwelling. These court authorities and another indicate that with each case it is a matter of fact and degree based on the particular circumstances. 

… 

In terms of the house size the Council have produced a series of figures which they say show that the building is excessive and not subordinate in nature. The word subordinate does not appear in Class E and I am conscious of the findings in Emin. Nevertheless, having regard to the words “as such” I accept that some comparison with the size of the dwelling is a useful indicator. However, this comparison should be made against the existing building as this is the current dwellinghouse and not the original house. It is not a matter of what might have been accepted as incidental in the past but what is incidental to the current extended property, as such. 

The Council calculate the total floor area of the new building as being about 60 sq.m. which is about 8 sq.m. larger than the figure provided for the appellant. However, even assuming that the Council’s figure is more accurate this compares with the current footprint for the dwelling of about 97 sq.m8. So the ground coverage would be significantly less than that of the present house. Moreover, I see no reason why the floorspace at first floor level should not be included in making this assessment. Taking the Council’s figure of 52 sq.m. for the original footprint and assuming this is roughly equivalent at first floor level, the total floor area of the house would be about 150 sq.m. This reinforces my view that the proposed building would be incidental.”

11 November 2010

3 Phelps Way , Hayes, Middlesex UB3 4LH 

APP/R5510/X/10/2122954 

Outbuilding for the storage of personal goods and garden equipment. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“It is well established case law that additions to the normal basic living accommodation of a dwellinghouse could not be expected to be “incidental to the enjoyment of the dwellinghouse, as such”. Furthermore, the physical sizes of the host and “incidental” building are relevant considerations for me to take into account in deciding whether or not the proposed development is reasonably required for an incidental purpose. 

The appellant has provided no evidence to explain what kind of “personal goods” he intends to store and why they can not be accommodated in the dwellinghouse. In the absence of such evidence, I consider that storage of personal goods constitutes a purpose which is integral to and normally accommodated in a dwellinghouse. Therefore, it is not an incidental use. Furthermore, I note that the footprint of the proposed building is significantly larger than the ground floor of the existing two storey dwellinghouse. The appellant has given me no evidence from which I could conclude that such a large building is reasonably required for storage of “personal goods”  

The garden equipment, referred to by the appellant, must be intended for personal use in the garden of the dwellinghouse; as opposed to use in conjunction with a business. I have sought to compare the size of the proposed building (admittedly shared with the storage of personal goods) with the size of the garden remaining after development. The minimal size of garden left after construction of the outbuilding would need a modest level of maintenance which could be accomplished with a lawn-mower and a small number of hand tools such as spades, forks and implements of a similar nature. The space available in the large outbuilding proposed would far exceed the area required for storage of such equipment. Hence, on the basis of the evidence supplied to me, the comparison leads me to the conclusion that, in terms of use of the building for storage of garden equipment, the proposed building is not “required for a purpose incidental to the enjoyment of the dwellinghouse, as such”.”

19 November 2010

Shepherds Croft, Wigley Bush Lane, South Weald, Brentwood CM14 5QN 

APP/H1515/X/10/2125337 

Outbuilding to enclose swimming pool and games room (with footprint significantly larger than the footprint of the house and annex). 

The Inspector found that the proposed outbuilding would be incidental. 

19 November 2010

Thorndon Cottage, Warley Gap, Little Warley, Brentwood CM13 3DP 

APP/H1515/X/10/2124574 

The proposal is for a building about 30m long by 10.5m wide for the purpose of a swimming pool, gym, sauna and stables. 

The Inspector found that the proposed outbuilding would be incidental. 

23 November 2010

13 Pine Place , Hayes, UB4 8RA

APP/R5510/X/10/2124692 

Outbuilding with five rooms and floor space approx 63m2, stated as to be used as playroom.  

The Inspector found that the outbuilding would not be incidental. 

The Inspector stated the following: 

“The Courts have held that in the expression “required for a purpose incidental to the use of the dwelling house”, the word “required” should be interpreted to mean “reasonably required”. Thus in this type of case it is for the appellant to show that the proposed outbuilding is reasonably required for a purpose incidental to the use of the dwelling-house at No. 13. 

The outbuilding would be a substantial structure. The plans show it divided into five separate rooms. The total floor space would be about 63 square metres. Apart from stating that the outbuilding is to be used as a playroom no other evidence has been produced by the appellant to show why the proposal is reasonably required for a purpose incidental to the enjoyment of the dwellinghouse at No. 13. 

For the reasons given above I conclude that the Council’s refusal to grant a Certificate of Lawfulness of Proposed Development in respect of a single-storey outbuilding in the rear garden of 13 Pine Place, Hayes, UB4 8RA was wellfounded and that the appeal should fail. I will exercise accordingly the powers transferred to me in Section 195(3) of the 1990 Act”.

29 November 2010

Woodhurst, Cattlegate Road, Northaw, Enfield, EN2 8AU 

APP/C1950/X/10/2135203 

Outbuilding to enclose swimming pool (footprint 260m2). 

The Inspector found that the proposed outbuilding would be incidental. 

The Inspector stated the following: 

“It is established in law and in practice that purposes incidental to the enjoyment of a dwellinghouse would not include the provision of a bedroom or kitchen or some other similar domestic purpose of a kind that would be akin to the primary or normal accommodation provided in a dwellinghouse. As a matter of fact and degree, such domestic functions would be part-and-parcel of such normal accommodation as would be found typically in most, if not all, dwellinghouses. The term “incidental” has been found to mean something which would be subordinate to and parasitic upon the continuing presence of the primary use for its very existence. Moreover, for development to be permitted by the provisions of Class E, it must also be “…required for a purpose incidental to the enjoyment of the dwellinghouse as such.” The Courts have held that “required” should be interpreted as meaning “reasonably required”. 

In Emin v Secretary of State for the Environment and Mid-Sussex DC (1989) 58 P&CR 416; [1989] JPL 909, referred to by the main parties in the present case, it was held that the provision of accommodation for a hobby use was capable of being required for a purpose incidental to the enjoyment of a dwellinghouse. Indeed, specific reference in Class E to a “swimming pool” is a clear indicator that such development, whether it comprises merely an excavation in the ground to form an open-air swimming pool, or includes, in addition, a building or enclosure that accommodates a swimming pool, would be capable of being development required for a purpose incidental to the enjoyment of the dwellinghouse as such. 

It was further held that it would not be sufficient to deprive the appellant of the permission granted by the GPDO by consideration, taken in isolation, of the physical size of the proposed building in relation to that of the dwelling; the mere size of the dwelling could not dictate the physical size of the facility within a building and the size of the building itself. However, it must be required for a purpose incidental to the enjoyment of the dwellinghouse, as a dwellinghouse, and not for any extraneous purpose. In this respect, the Courts have also held that such use would not accommodate the “unrestrained whim” of the householder, but would require a sense of reasonableness”.

23 December 2010

8 Durham Avenue , Hounslow, TW5 0HG 

APP/F5540/X/10/2134356 

Gym with internal floor area of approx 44m2. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“The judgement in Emin held that the scale of the activities that go on in an outbuilding is important in deciding whether that outbuilding is required for a purpose incidental to the enjoyment of a dwellinghouse as a dwellinghouse and not for extraneous purposes. The question of scale, or size, is relevant because there must be a prospect that the nature and scale of such activities could go beyond a purpose merely incidental to the enjoyment of the dwelling as such. Clearly scale cannot be ignored in assessing whether what is proposed is required for the necessary incidental purpose. It is an assessment that needs to be made additional to, and separate from, any considerations of size in relation to Class E.1 of the 2008 Order. 

In this case the proposed outbuilding would have an internal floor area of about 44 sq m. It would be used as a gym. The floor area to be devoted to this use seems very large to me. In my experience it would be much larger than what is available for that purpose in most domestic settings. Adequate gym facilities could be provided within a much smaller area. The appellant has not explained why the large area proposed is required and the burden of proof is on him. 

Bearing in mind the August 2010 publication by the Department for Communities and Local Government, “Permitted development for householders - Technical guidance”, it would be wrong to take exception to the use proposed for the outbuilding if one ignores the question of scale. 

In a nutshell, however, the appellant must show that what is proposed is reasonably required for a purpose incidental to the use of the dwellinghouse. He has not done so with regard to the scale of the outbuilding. I conclude therefore, on the evidence now available, that the Council’s refusal to grant a lawful development certificate was well-founded and that the appeal should fail so far as the outbuilding is concerned”.

23 December 2010

46 Fairway Avenue, West Drayton, UB7 7AN

APP/R5510/X/10/2130342 

The proposed outbuilding would have a footprint of 82.2 sq m. It would contain a home office of virtually 30 sq m, a gym not much smaller, a store of about 15 sq m and a shower room. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“The judgement in Emin held that the scale of the activities that go on in an outbuilding is important in deciding whether that outbuilding is required for a purpose incidental to the enjoyment of a dwellinghouse as a dwellinghouse and not for extraneous purposes. The question of scale, or size, is relevant because there must be a prospect that the nature and scale of such activities could go beyond a purpose merely incidental to the enjoyment of the dwelling as such. The Council’s comparison in the case before me of the outbuilding’s size with that of the house may be a little simplistic, but scale cannot be ignored in assessing whether what is proposed is required for the necessary incidental purpose. It is an assessment that needs to be made additional to, and separate from, any considerations of size in relation to Class E.1 of the 2008 Order. 

In this case the proposed outbuilding would have a footprint of 82.2 sq m. It would contain a home office of virtually 30 sq m, a gym not much smaller, a store of about 15 sq m and a shower room. I take no exception to the size of the store in assessing whether this is a required incidental purpose, but the floor areas to be devoted to home office use and gym use seem very large to me. In my experience they would be much larger than what is available for those purposes in most domestic settings. Adequate home office and gym facilities could be provided within much smaller areas. The appellant has not explained why the large areas proposed are required and, as the Council say, the burden of proof is on him. The fact that the 30 sq m of building A, proposed to be demolished, appears to be used as a home office, does not appear crucial to me in assessing whether the similar space to be used in the proposed outbuilding for that purpose is a required incidental purpose. 

Bearing in mind the August 2010 publication by the Department for Communities and Local Government (DCLG), “Permitted development for householders - Technical guidance”, it would be wrong to take exception to the uses proposed for the outbuilding if one ignores the question of scale. I agree with the appellant that the only use that would amount to primary living accommodation would be the shower room, and that would be acceptable as ancillary to the gym. Although the Council point out that the other uses intended are not specifically mentioned in the DCLG publication, the examples given there do not amount to an exhaustive list. 

In a nutshell, however, the appellant must show that what is proposed is reasonably required for a purpose incidental to the use of the dwellinghouse. He has not done so with regard to the scale of his proposal. I conclude therefore, on the evidence now available, that the Council’s refusal to grant a lawful development certificate was well-founded and that the appeal should fail.” 

My decision above is in exercise of the powers transferred to me under section 

195(3) of the 1990 Act as amended. 

Mike Croft 

5 January 2011

Magnolia House, Westwood Road, Windlesham, Surrey, GU20 6LP 

APP/D3640/X/10/2130855 

Building A would house a pool/games room, gymnasium, spa, sauna, steam room and changing and shower facilities while building B would accommodate a garden room, office, cloakroom and incidental kitchen/store. Each building would have a floorspace of about 192 square metres. 

The Inspector found that the proposed outbuilding B would not be incidental. 

31 January 2011

48 Waltham Drive , Edgware, London, HA8 5PE 

APP/M5450/X/10/2140019 

Proposed outbuilding that would include a kitchen, a bathroom, a dining room, a lounge and a bedroom. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“The application is for accommodation that would include a kitchen, a bathroom, a dining room, a lounge and a bedroom. With these facilities it would be an independent unit of living accommodation. It would not be a building designed for use incidental to the enjoyment of the dwellinghouse. The proposed development therefore conflicts with Class E Part 1 of the Schedule to the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 which amends Schedule 2 of the 1995 Order and would not be lawful. The Borough Council’s decision to refuse the application was therefore well founded.” 

27 January 2011

34 Oxenpark Avenue , Wembley HA9 9SZ

APP/T5150/X/10/2121481 

Proposed outbuilding consisting of “gym”, “store”, and a third room containing shower, toilet and sink. 

The Inspector found that the proposed outbuilding would not be incidental. 

16 February 2011

103 Birchway, Hayes, Middlesex, UB3 3PD 

APP/R5510/X/10/2132311 

Proposed outbuilding consisting of games room, gym, and “WC” (containing shower). 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“It seems to me that a Shower Room is, like a bathroom, primary living accommodation rather than being for a purpose incidental to the enjoyment of a dwellinghouse as such. As a consequence I consider that the building does not constitute permitted development within Class E and I conclude that the Council’s decision to refuse the grant of a LDC was therefore well-founded. Accordingly I shall dismiss the appeal.” 

25 February 2011

10 Jackies Lane , Wheatley, Oxford, OX33 1UN 

APP/Q3115/X/10/2141101 

Proposed outbuilding consisting of a snooker room and a garage. 

The Inspector found that the proposed outbuilding would be incidental. 

2 March 2011

12 Bulmer Gardens, Harrow, Middlesex, HA3 0PA 

APP/T5150/X/10/2139015 

Two proposed outbuildings – one for gymnasium (24m2) and the other for garden store (18m2).  

The Inspector found that the proposed outbuildings would be incidental. 

4 March 2011

Lilac Cottage, School Lane, Coven, Wolverhampton WV9 5AN 

APP/C3430/X/10/2141553 

Proposed carport to store a number of cars, a motor caravan and touring caravan, and a heavy goods vehicle [HGV] fitted with a hydraulic grabarm. 

The Inspector found that the proposed outbuilding would not be incidental. 

4 March 2011

20 Browsholme Close, Carnforth, LA5 9UW 

APP/A2335/X/10/2141112 

Proposed stables to accommodate two horses. 

The Inspector found that the proposed outbuilding would not be incidental. 

10 March 2011

34 New Road, Harlington, Hayes, Middlesex, UB3 5BD 

APP/R5510/X/10/2139449 

Proposed outbuilding for use as a leisure room. 

The Inspector found that the proposed outbuilding would not be incidental. 

14 March 2011

172 Staines Road East , Sunbury-on-Thames, Middlesex TW16 5AY 

APP/Z3635/X/10/2139073 

Proposed outbuilding consisting of storage room, games room, and bathroom. 

The Inspector found that the proposed outbuilding would not be incidental. 

The Inspector stated the following: 

“But something which is incidental cannot itself be a dwelling house, nor, therefore as a matter of common sense, can it be something for the provision of a primary dwelling house purpose, such as a bedroom, kitchen or even a bathroom. The proposed building includes a bathroom. Despite the appellant’s explanation regarding the need for such a facility (on the grounds of convenience of use for the games room) its provision would seem to me, as a matter of fact and degree, to exceed to scope of the works permitted by Part 1, Class E, of the GPDO. Thus as submitted the scheme, for a new building (which includes the bathroom), would not satisfy the ancillary use test required to make it permitted development”. 

9 March 2011

39 Rushdene Road , Eastcote, Pinner, Middlesex, HA5 1SW 

APP/R5510/X/10/2141919 

Proposed outbuilding consisting of sunroom, gym, wet room, hot tub room, children’s playroom, and WC (total footprint over 100m2). 

The Inspector found that the proposed outbuilding would not be incidental. 

(Remember to save appeal decision notice) 

22 September 2009

Bungalow Farm, Penrhos 

APP/Q6810/X/08/2090105 

Abandonment of a single family dwellinghouse. 

The Inspector concluded that the use of the property as a single family dwellinghouse had been abandoned. 

2 October 2009

Bellepool, Clewshaw Lane 

APP/P1805/X/09/2097017 

Part 2, Class A 

The Inspector found that a 3m wide grass verge next to a road formed part of the “highway”. Therefore, a 2m high wall along the front boundary of the property next to this grass verge was not permitted development. 

8 October 2009

83 Grove Lane

APP/A5840/X/09/2098889 

Previous Part 1, Class A. 

No further notes – decision notice not downloaded. 

12 October 2009

3 Redcliffe Street

APP/K5600/X/09/2099309 

Previous Part 1, Class A. 

No further notes – decision notice not downloaded. 

16 October 2009

16 Bassett Heath Avenue

APP/D1780/X/09/2097252 

Use of the rear-most detached out-building as managers accommodation ancillary to the use of the main house as a house in multiple occupation. 

No further notes – decision notice not downloaded. 

16 October 2009

Shaves Plantation, Brighton Road 

APP/D3830/X/08/2087041 

Proposed Forestry Work Unit 

No further notes – decision notice not downloaded. 

16 October 2009

The Noor, Yeovil Road 

APP/F1230/X/09/2094936 

Non Compliance with the Agricultural Occupancy Condition 

No further notes – decision notice not downloaded. 

20 October 2009

Oaktree Farm 

Drummau Road

APP/Y6930/X/09/2098219 

Certificate of Lawfulness for an existing residential unit 

No further notes – decision notice not downloaded. 

27 October 2009

Ankorn Cottage, Bell Green Lane 

APP/P1805/X/09/2108666 

Conversion of detached garage to additional ancillary accommodation within planning unit. 

No further notes – decision notice not downloaded. 

27 October 2009

16 Zinzan Street

APP/E0345/X/08/2093169 

Use of building as 4 No self contained apartments (i.e. Four Dwellings). 

No further notes – decision notice not downloaded. 

27 October 2009

4 Green Lane

APP/Y3940/X/09/2101666 

Part 2, Class B 

The Inspector assessed the proposed means of access against the phrase “create an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons”, and found that it would not be permitted development. 

27 October 2009

Bedford Bridge

Horrabridge 

APP/J9497/X/09/2105079 

Part 8, Class A. 

No further notes – decision notice not downloaded. 

29 October 2009

Middle Colgate Farm, Ham Road 

APP/B1605/X/09/2097334 

Use of the barn as a single dwelling house 

No further notes – decision notice not downloaded. 

2 November 2009

Camp Alyn , Tafarn-y-Gelyn 

APP/R6830/X/09/2096943 

The retention and continuation of existing residential accommodation. 

No further notes – decision notice not downloaded. 

4 November 2009

1 Woodrows Cottage 

APP/W0340/X/09/2096853 

Change of use of land from agricultural to residential garden 

No further notes – decision notice not downloaded. 

4 November 2009

The Lodge 

Truslers Hill Lane

APP/D3830/X/09/2105805 

Private leisure use and occasional overnight holiday accommodation 

No further notes – decision notice not downloaded. 

5 November 2009

Flight Service Station, Bridgwater Road 

APP/D0121/X/09/2109226 

Proposed use 

of the site for washing/valeting cars, dropping off and picking up cars, associated retail and administration 

Appeal dismissed. 

5 November 2009

Oak House Farm 

Newgatestreet Road

APP/W1905/X/09/2099334 

Dwelling house 

No further notes – decision notice not downloaded. 

6 November 2009

Rudley Oaks, Chelmsford Road 

APP/X1545/X/09/2097918 

Residential use for land comprising three parcels of land on which the buildings thereon have been used for residential use. 

No further notes – decision notice not downloaded. 

10 November 2009

29 Ascham Place

APP/T1410/X/09/2107436 

Part 2, Class A. 

The property has an existing curved boundary wall at the corner of two highways, and the certificate was to erect a 1.7m wall immediately behind (abutting) the existing one. The Inspector concluded that the proposed wall would be “adjacent to a highway”, and therefore not permitted development. 

11 November 2009

267 East India Dock Road

APP/E5900/X/09/2097561 

Eastern flank wall mounted lightbox hoarding measuring 6 x 3 x 0.4 metres. 

No further notes – decision notice not downloaded. 

12 November 2009

44 Arundel Drive East

APP/Q1445/X/09/2098191 

Previous Part 1 

No further notes – decision notice not downloaded. 

12 November 2009

Homefield, Moss Lane 

APP/P2365/X/09/2109940 

Two static caravans within the curtilage of a dwelling for use as sleeping accommodation ancillary to that dwelling. 

The Inspector concluded that the caravans are not operations development, because they are capable of being moved, and not a material change of use, because their use as sleeping accommodation would be ancillary (not incidental) to the use of the dwelling. 

16 November 2009

115 Spotland Road

Case Summary for APP/P4225/X/09/2108212 

Use as a furniture store (Class A1). 

No further notes – decision notice not downloaded. 

16 November 2009

Land comprising field at, OS Grid Reference 417427 457161 

APP/E2734/X/09/2108955 

Whether a certificate could be issued for development that contravened a requirement of an enforcement notice then in force, where the enforcement notice had been issued, but was not yet “in effect”, due to there being an appeal in progress against the enforcement notice. 

The Inspector stated that an enforcement notice is “in force” from the date that it is issued, and therefore dismissed the appeal. 

17 November 2009

75 Ringstead Road

APP/C5690/X/09/2099971 

Use as a single family dwellinghouse 

At the date of application for an LDCP, property was in the process of being converted into flats (unlawfully), and the Inspector agreed that the property did not benefit from Part 1 rights. 

17 November 2009

163 Grove Road , 

APP/U5930/X/09/2100515 

Previous Part 1. 

This case concerned the 5m separation distance of the previous Class E. 

23 November 2009

Dromenagh Farm 

Seven Hills Road

APP/N0410/X/09/2100011 

Change of use to builders contractors yard with associated parking, storage and on site equipment training facilities. 

No further notes – decision notice not downloaded. 

24 November 2009

Manor Farm 

Prescott

APP/G1630/X/09/2102416 

The use of the land for the shooting of shotguns for more than 28 days per year 

No further notes – decision notice not downloaded. 

26 November 2009

5 Clough Lane

APP/B3438/X/09/2106822 

Permission for the sports pavilion 

No further notes – decision notice not downloaded. 

26 November 2009

Plots 2/3 Esbies Estate 

APP/J1915/X/09/2095205 

Use as a residential caravan site without complying with Condition 

No further notes – decision notice not downloaded. 

26 November 2009

40 - 41 Esbies Estate 

APP/J1915/X/09/2095197 

Use of land as a residential caravan site without complying with Condition 

No further notes – decision notice not downloaded. 

26 November 2009

42-43 Esbies Estate 

APP/J1915/X/09/2095199 

Use of land as a residential caravan site and for the erection of stables. 

No further notes – decision notice not downloaded. 

26 November 2009

Plot 46, Esbies Estate 

APP/J1915/X/09/2095202 

Use as a residential caravan site with no limitation on the duration of residential occupation in any one year 

No further notes – decision notice not downloaded. 

30 November 2009

Vale Farm 

Phelps Lane

APP/Y3940/X/09/2102712 

Storage of touring caravans 

No further notes – decision notice not downloaded. 

30 November 2009

Shellen Valley Farm 

Layhams Road

APP/G5180/X/09/2103538 

Replacement mobile home 

No further notes – decision notice not downloaded. 

30 November 2009

Shellen Valley Farm 

Layhams Road

APP/G5180/X/09/2103539 

Use of existing mobile home as residential accommodation and side/rear extension 

No further notes – decision notice not downloaded. 

2 December 2009

Gilfach Holiday Villlage, LLwyncelyn 

APP/D6820/X/09/2108817 

The Change of use of a building as a dwelling house 

No further notes – decision notice not downloaded. 

2 December 2009

Gilfach Holiday Village

APP/D6820/X/09/2100070 

Use of buildings as 42 dwelling houses 

No further notes – decision notice not downloaded. 

2 December 2009

Totternhoe Lime Works 

Lower End 

APP/P0240/X/09/2101301 

For any use falling within Class B2 

No further notes – decision notice not downloaded. 

2 December 2009

151 Wavertree Road

APP/N5660/X/09/2104136 

Previous Part 1. 

No further notes – decision notice not downloaded. 

4 December 2009

Dumbills Farm, Crosshall Brow 

APP/P2365/X/09/2109887 

Whether the location of two proposed outbuildings was part of the “curtilage” of the dwellinghouse. 

The Inspector concluded that the location was part of the “curtilage” of the dwellinghouse. 

7 December 2009

The Shamba, Lyndhurst Road 

APP/B9506/X/09/2096649 

Use of the Land as garden / residential curtilage 

No further notes – decision notice not downloaded. 

8 December 2009

82 Wakeman Road

APP/T5150/X/09/2100225 

Whether works had commenced (/started/begun) prior to 01/10/2008. 

The Inspector concluded that the excavation, although small, seems to have been a reasonable exploration as to foundation requirements, and that the works amounted to a start of the development. 

9 December 2009

Bredhurst adoption centre, Matts Hill Road 

APP/A2280/X/09/2108375 

The provision of a temporary caravan in the grounds at the rear to provide staff welfare facility. 

No further notes – decision notice not downloaded. 

9 December 2009

Tafarn Bach Farm, Trerhingyll 

APP/Z6950/X/09/2109455 

Whether conditions restricting the occupation of a dwellinghouse to persons employed in agriculture or forestry had been breached for a continuous period of at least 10 years. 

The Inspector found that the continued residential use of the dwelling without complying with the agricultural occupancy conditions had become lawful. 

10 December 2009

Walnut Tree Farm 

Addington Lane

APP/H2265/X/09/2101077 

Use of land for residential garden 

No further notes – decision notice not downloaded. 

21 December 2009

Old Hall Farm, White House Lane 

APP/L2630/X/09/2100215

Continued use of land as domestic garden

No further notes – decision notice not downloaded. 

21 December 2009

Tanyard Farm
Woodhill Lane

APP/R3650/X/09/2100314

The retention of an ancillary outbuilding.

No further notes – decision notice not downloaded. 

21 December 2009

Land adjacent to Jay Riding School, Low Common

APP/E3525/X/09/2106897

Temporary siting of a mobile laying ark

No further notes – decision notice not downloaded. 

22 December 2009

2 Lane Green Road

APP/C3430/X/09/2101795

Sale of farm produce from trailer at front of site.

No further notes – decision notice not downloaded. 

22 December 2009

129 Queensway

APP/G5180/X/09/2113129

A3 restaurant use

No further notes – decision notice not downloaded. 

22 December 2009

Pouchen End Farm House
Pouchen End Lane

APP/A1910/X/09/2108970

Erection of detached shed – but concerned previous Part 1 and whether land was within the “curtilage” of a dwellinghouse.

No further notes – decision notice not downloaded. 

23 December 2009

Honeyfields, Theobalds Park

APP/W1905/X/09/2097182

Certificate of Lawfulness for an existing agricultural storage building

No further notes – decision notice not downloaded. 

30 December 2009

Oak Tree Farm

APP/G2245/X/09/2100906 

Replacement mobile home

No further notes – decision notice not downloaded. 

30 December 2009

9 Dinam Park

APP/L6940/X/09/2106695 

Proposed conservatory – under Previous Part 1 

No further notes – decision notice not downloaded. 

4 January 2010

The Smithy
Hampton Loade 

APP/L3245/X/09/2099134 

Residential caravan site accommodating six caravans

No further notes – decision notice not downloaded. 

11 January 2010

Penweathers Vean, Penweathers

APP/D0840/X/08/2085904 

Vehicular access. 

No further notes – decision notice not downloaded. 

11 January 2010

Mortons Dairy, Kenyons Lane

APP/M4320/X/09/2104157 

Use of the land in connection with a dairy business involving the parking and manoeuvring of cars and commercial vehicles, storage of plant and equipment, storage of out of service milk floats and storage of other dairy related items 

No further notes – decision notice not downloaded. 

11 January 2010

Rob Rosa, Lower Road

APP/B1550/X/09/2111555

Use of a timber framed building as a single dwelling

No further notes – decision notice not downloaded. 

14 January 2010

40 Avenue Road 

APP/U1240/X/09/2109068 

Replacement front porch – appeal dealt with whether alterations to porch constituted “development” – Inspector concluded not development. 

No further notes – decision notice not downloaded. 

14 January 2010

14 Zealand Avenue

APP/R5510/X/09/2108697 

Single storey rear extension for use as exercise room, involving demolition of existing outbuilding – appeal dealt with whether rebuilding of outbuilding constituted development – Inspector concluded was development. 

No further notes – decision notice not downloaded. 

14 January 2010

1 Shirehall Close 

APP/N5090/X/09/2106181 

Kitchen extension at ground floor , Roof extension to rear of property (2 dormers) – begun before 01/10/2008 and assessed under previous Part 1. 

No further notes – decision notice not downloaded. 

15 January 2010

23 First Avenue 

APP/D1590/X/09/2101304 

Use of the property as a dwellinghouse 

No further notes – decision notice not downloaded. 

21 January 2010

Ty Bychan, Pant Du Road 

APP/R6830/X/09/2111015 

Static Residential Caravan 

No further notes – decision notice not downloaded. 

25 January 2010

177 Wentworth Road

APP/F5540/X/09/2114111 

Erection of canopy 

The Inspector concluded that an LDCE could not be issued because, at the date of the application, the operations contravened the requirements of an enforcement notice then in force. The Inspector states that the date that an enforcement notice comes into force is the date that it is issued (i.e. the earlier date, rather than the later date that it comes into effect). 

28 January 2010

Langstone Court Bungalow, Langstone Court Road 

APP/G6935/X/09/2108819 

Detached bungalow with garden & paddock 

No further notes – decision notice not downloaded. 

1 February 2010

161 Hever Avenue

APP/G2245/X/09/2115846 

Garage conversion into habitable room – dealt with whether this would be contrary to a condition on a previous planning permission. 

No further notes – decision notice not downloaded. 

3 February 2010

Trefullock Cottage, Trefullock Moor 

APP/D0840/X/09/2103141 

Use as a dwelling 

No further notes – decision notice not downloaded. 

4 February 2010

5 Kingston Lodge 

APP/D0121/X/09/2100992 

Use of property as self contained flat 

No further notes – decision notice not downloaded. 

11 February 2010

Wildacres 

Green Dene 

APP/Y3615/X/09/2110583 

LDC to establish whether planning permission is required for the alteration of the existing structure on site to form a caravan ancillary to the use of the dwellinghouse 

No further notes – decision notice not downloaded. 

11 February 2010

Plot 11, Highcroft 

APP/C1625/X/09/2113862 

Construct a dwelling in the grounds of Highcroft, plot 11 

No further notes – decision notice not downloaded. 

16 February 2010

433-435, 441 and 443 and 445 to 447 

Mansfield Road

APP/Q3060/X/09/2115970 

Use of premises for the display of advertisements 

No further notes – decision notice not downloaded. 

17 February 2010

321 Turton Road

APP/T4210/X/09/2111804 

Proposed single storey side and rear extension – but appeal revolved around whether existing “dwelling” is lawful, rather than around Part 1. 

No further notes – decision notice not downloaded. 

19 February 2010

Post Mill Farm, Benwick Road 

APP/D0515/X/09/2109465 

The use of Post Mill Farm as a residential dwelling house and ancillary garden area. 

No further notes – decision notice not downloaded. 

23 February 2010

Copperfields, Windwhistle Ridge 

APP/R3325/X/09/2115917 

The proposed erection of a garage/machinery store – but appeal revolved around whether original planning permission for house and associated s106 agreement were valid. 

No further notes – decision notice not downloaded. 

24 February 2010

Haven Farm, Lamb Lane 

APP/P4415/X/09/2117129 

Proposed conversion of cow shed to dwelling 

No further notes – decision notice not downloaded. 

25 February 2010

29 The Ridgeway 

APP/C1950/X/09/2108956 

Enlargement of existing bedroom at first floor comprising alterations to roof, removal of dormer and first floor rear extension – appeal decision revolved around the date that the original house was created for GPDO purposes 

No further notes – decision notice not downloaded. 

1 March 2010

Railway Arches 431-434 Kingsland Viaduct & 1-3 Cotton's Gardens 

APP/U5360/X/09/2111387 

Nightclub and premises 

No further notes – decision notice not downloaded. 

1 March 2010

Valley View, Hemel Hempstead Road 

APP/P0240/X/09/2111119 

The use of the land for the siting of four caravans for residential use. 

No further notes – decision notice not downloaded. 

1 March 2010

Dennington Caravan Park , Delamere Road 

APP/A0665/X/09/2109738 

Use of land as a permanent residential caravan site. 

No further notes – decision notice not downloaded. 

2 March 2010

The Barn, Coldblow Lane 

APP/Z2260/X/09/2104546 

Use of property as open commercial use. 

No further notes – decision notice not downloaded. 

9 March 2010

Tintagel Farm 

Sandhurst Road

APP/X0360/X/09/2117496 

The siting of mobile home as living accommodation 

No further notes – decision notice not downloaded. 

9 March 2010

85a Fitzjohns Avenue 

APP/X5210/X/09/2106980 

Use of the lower ground floor as a self-contained residential flat (Class C3). 

No further notes – decision notice not downloaded. 

9 March 2010

Garden Cottage, Cockbury Court 

APP/G1630/X/09/2105930 

Occupation of Garden Cottage in breach of condition (f) of T333f/F/1 (holiday let condition). 

No further notes – decision notice not downloaded. 

11 March 2010

Ty Draw Farm,  

Peterston-super-Ely 

APP/Z6950/X/09/2114103 

The existing use of the former agricultural land/paddock (approx 0.5ha) is domestic garden. The use of this land as a garden commenced more than 10 years ago (14 years) and its use as a garden has been continuous throughout this period 

No further notes – decision notice not downloaded. 

11 March 2010

Box Hedge Farm, Box Hedge Lane 

APP/P0119/X/09/2103938 

Use of land for corporate events and activity days, team building events ans stag and hen activity days and vehicle parking for participants and staff 

No further notes – decision notice not downloaded. 

16 March 2010

Manor Farm, Towthorpe 

APP/C2741/X/09/2118509 

The siting of a mobile home within the curtilage of Manor Farm. 

No further notes – decision notice not downloaded. 

16 March 2010

10 Dellfield Close, Radlett 

APP/N1920/X/09/2111285 

Rear balcony and railings – the former was assessed against the 10 year rule and the latter against the previous Part 1. 

No further notes – decision notice not downloaded. 

17 March 2010

Southview, 22 Ham Road 

APP/U3935/X/09/2115288 

Residential use 

No further notes – decision notice not downloaded. 

18 March 2010

16 St. Pirans Road

APP/D0840/X/09/2106440 

Use for the stationing of a residential caravan 

No further notes – decision notice not downloaded. 

23 March 2010

Mill House, Mill Lane 

APP/X2220/X/09/2119343 

Works to existing store building: new double doors and windows; new conservation rooflights; removal of existing front door replacing with brickwork: associated works: new hardstanding for car parking; new hardstanding for yard to annexe; stone steps to annexe; metal railings and brick walls 

No further notes – decision notice not downloaded. 

24 March 2010

23 Beech Rise 

APP/Q3115/X/09/2114032 

The erection of a balcony above the flat roof extension to the rear of the property – was assessed against the previous version of Part 1. 

No further notes – decision notice not downloaded. 

24 March 2010

Ashview, Hamlet Hill 

APP/J1535/X/09/2112205 

Use of land to include storage of no more than three caravans 

No further notes – decision notice not downloaded. 

24 March 2010

Sandyway Sandyway Woods, Lanlivery 

APP/D0840/X/09/2103602 

Use as a single dwellinghouse with associated parking and turning area with utility buildings and lawned garden area 

No further notes – decision notice not downloaded. 

31 March 2010

Church House Hotel, 50 Rowsham Dell 

APP/Y0435/X/09/2117580 

The existing use of the property as a 10 bedroom guest house with one staff bedroom (in breach of Condition 6 of Planning Permission Reference MK/90/241 for use as six bedroom guest house) 

No further notes – decision notice not downloaded. 

31 March 2010

Church House Hotel, 50 Rowsham Dell 

APP/Y0435/X/09/2104802 

Use of the property as a 10 bedroom guest house with one staff bedroom 

No further notes – decision notice not downloaded. 

1 April 2010

Old Bexley Equestrian Training Centre, Vicarage Road 

APP/D5120/X/09/2115913 

Use of a brick built building as a single dwelling. 

No further notes – decision notice not downloaded. 

12 April 2010

4 Bournefield 

APP/H1705/X/09/2106324 

Residential use as a garden 

No further notes – decision notice not downloaded. 

13 April 2010

The Croft, Tickhill Lane 

APP/B3438/X/09/2115105 

The occupation of the croft as a dwelling house 

No further notes – decision notice not downloaded. 

14 April 2010

Leisure Park Real Estate, Woodlands Park 

APP/E2205/X/09/2118771 

Use of existing residential caravan park for up to 180 residential mobile homes. 

No further notes – decision notice not downloaded. 

16 April 2010

New Farm, Buckworth Road 

APP/H0520/X/09/2108670 

Use as a dwelling house without any restrictions 

No further notes – decision notice not downloaded. 

16 April 2010

Land rear of 247-255 Tyldesley Road 

APP/V4250/X/09/2108937 

Application for Lawful Use of land for a period of 10 years or more for the storage and repair of vehicles and storage of building materials 

No further notes – decision notice not downloaded. 

16 April 2010

125 Manfield 

APP/P2365/X/10/2120381 

Proposed erection of 2 metre high boundary fence 

No further notes – decision notice not downloaded. 

19 April 2010

Windemere, 3 Keysfield Road 

APP/X1165/X/09/2107641 

Use of 2 caravans/portacabin and mobile home 

No further notes – decision notice not downloaded. 

19 April 2010

Oakland Farm, Hollins Lane 

APP/F2360/X/09/2109224 

The use of a static caravan as a permanent residential dwelling 

No further notes – decision notice not downloaded. 

19 April 2010

427 Uttoxeter Road

APP/B3438/X/09/2109874 

Existing use of land as edged red is residential curtilage 

No further notes – decision notice not downloaded. 

19 April 2010

Arzu House, 1 New Row 

APP/T5150/X/09/2112574 

Retention of existing dwellinghouse with 11 bedrooms 

No further notes – decision notice not downloaded. 

19 April 2010

Sycamore House Farm, High Lane 

APP/P2365/X/09/2114343 

Use of land as car parking area. 

No further notes – decision notice not downloaded. 

22 April 2010

Brosterfield Caravan Park , Foolow 

APP/M9496/X/09/2105897 

Use for the unrestricted all year round occupation of 20 caravans falling within the statutory definition (ie to include mobile "Park" homes). 

No further notes – decision notice not downloaded. 

26 April 2010

16a Hawthorn Road 

APP/P5870/X/09/2109558 

The property has been in use as a self contained private domestic dwelling between 1993 and 2010 and has not had a change of use during the period 

No further notes – decision notice not downloaded. 

26 April 2010

Foxes Green Farm, Foxwist Green 

APP/A0665/X/09/2107986 

Domestic garden 

No further notes – decision notice not downloaded. 

26 April 2010

Nos. 5 & 6, Pen Villa, Isleham Road 

APP/H3510/X/09/2102131 

Use of the building known as No. 6, The Barn, Pen Villa as a single dwelling house from the main dwelling house known as Pen Villa, Isleham Road, Worlington. 

No further notes – decision notice not downloaded. 

26 April 2010

Glenfield, Hurst Lane 

APP/Q3630/C/09/2115757 

Stationing of 11 caravans/mobile homes 

No further notes – decision notice not downloaded. 

26 April 2010

Glenfield, Hurst Lane 

APP/Q3630/X/09/2099712 

Use of land and buildings for the manufacture and distribution of ice 

No further notes – decision notice not downloaded. 

28 April 2010

Machell Place Stables, 48 Old Station Road 

APP/H3510/X/09/2110964 

Conversion of trainer's house to 2 semi-detached houses 

No further notes – decision notice not downloaded. 

4 May 2010 

Oakwood, Chawleigh Week 

APP/Y1138/X/09/2115915 

Conversion of barn to dwelling 

No further notes – decision notice not downloaded. 

5 May 2010 

Paddock Woods, Petworth Road 

APP/R3650/X/09/2118631 

Use of outbuilding as living accommodation (a "granny annexe") ancillary and incidental to the enjoyment of the dwellinghouse, use class C3 

No further notes – decision notice not downloaded. 

6 May 2010 

Barn 1, Middle Southcott, 

APP/Q1153/X/09/2110577 

Use of converted barn as unrestricted residential dwelling 

No further notes – decision notice not downloaded. 

13 May 2010 

The Cottage, Padd Farm, Hurst Lane 

APP/Q3630/X/09/2108399 

Change of use of building to a single self-contained dwelling (Class C3). 

No further notes – decision notice not downloaded. 

17 May 2010 

Bandits Keep, 28 Church Lane 

APP/J0405/X/09/2111055 

Continued use of annexe building as a separate unit of accommodation. 

No further notes – decision notice not downloaded. 

20 May 2010 

Rew Lane , Martinstown 

APP/F1230/X/09/2115926 

The use of the land for the storage of furniture, building materials, containers and vehicles inside and out. 

No further notes – decision notice not downloaded. 

20 May 2010 

Herons Green, Dorchester Road 

APP/U1240/C/09/2117584
APP/U1240/C/09/2117585 

Use of the chalet structure or cabin at the appeal site as a shed ancillary to the enjoyment of the dwelling house at the appeal site 

No further notes – decision notice not downloaded. 

21 May 2010 

69e Victoria Road 

APP/D2510/X/09/2112049 

Use of the property as a dwelling, Class C3 : Dwelling Houses as defined in The Town and Country Planning (Use Classes) Order 1987 as amended. 

No further notes – decision notice not downloaded. 

24 May 2010 

Bugsell Park , Bugsell Lane 

APP/U1430/X/09/2112116 

Lawful use of land edged red on plan 1 as a residential garden within the domestic curtilage of the main house. 

No further notes – decision notice not downloaded. 

26 May 2010 

Higher Trevibban Farm 

APP/D0840/X/09/2110282 

The screening of subsoil excavated on site and imported materials. 

No further notes – decision notice not downloaded. 

27 May 2010 

110-122 Botley Road

APP/G3110/X/09/2117240
APP/G3110/X/09/2117114 

Use of the entire building for unrestricted Class A1 use. 

No further notes – decision notice not downloaded. 

1 June 2010

11 Martindale Road

APP/F5540/X/09/2111397 

The continued use of part of the premises as an office (solicitor). 

No further notes – decision notice not downloaded. 

3 June 2010

26 Bulmershe Road

APP/E0345/X/10/2120803 

Lawful Development Certificate for existing use of house as a dwelling house 

No further notes – decision notice not downloaded. 

15 June 2010

The Pool House, Rear of Mill House 

APP/V2255/X/09/2117243 

Use of building as a dwelling house (C3). 

No further notes – decision notice not downloaded. 

15 June 2010

Rear of The Oaks, Lenham Road 

APP/U2235/X/09/2116683 

Application for a lawful development certificate for an existing use being residential garden space a use which began more than 10 years before the date of this application. 

No further notes – decision notice not downloaded. 

16 June 2010

17 Whittington Road

APP/Y5420/X/09/2118053 

Use of property for 6 persons living together as a single household. 

No further notes – decision notice not downloaded. 

17 June 2010

Nursery Copse Farm, Church Hill 

APP/W0340/X/09/2109237 

Hard surfaced farm yard for storage of hay, straw, manure and farm vehicles and trailers. 

No further notes – decision notice not downloaded. 

22 June 2010

Welwyn, 33 Lower Hampton Road 

APP/Z3635/X/09/2116538 

Existing use of site and original building as a single dwelling unit 

No further notes – decision notice not downloaded. 

24 June 2010

Daytona Sandown Park , More Lane 

APP/K3605/X/09/2114378 

Continuous use of floodlights, public address system, extend opening hours and various kart types contrary to planning permissions 1995/1317 and 1997/0259 

No further notes – decision notice not downloaded. 

24 June 2010

Land rear of Boundary Villa Farm, Boundary Lane 

APP/R0660/X/09/2117436 

Use as residential garden 

No further notes – decision notice not downloaded. 

28 June 2010

Monkshatch Garden Farm, Hogs Back 

APP/Y3615/X/09/2116400 

Certificate of Lawfulness for an existing use to establish whether the building and associated land has been used as a single dwelling house for more than four years before the date of this application. 

No further notes – decision notice not downloaded. 

8 July 2010

Unit 16, Swan Vale Industrial Estate, Colchester Road 

APP/Z1510/X/09/2116904 

Use of the unit as unrestricted open retail use (Use Class A1). 

The description of development referred to “DIY store” but no condition was imposed restricting the use to just this particular type of A1 use. The Inspector concluded that such a reference in the description of development is not sufficient in itself to prevent other A1 uses. No further notes – decision notice not downloaded. 

8 July 2010

5 Elm Lawn Close 

APP/R5510/X/09/2118312 

Use of outbuilding as residential accommodation. 

No further notes – decision notice not downloaded. 

13 July 2010

Wellington Hall, Wellington Hill 

APP/J1535/X/09/2118462 

Proposed use as hospital (on former Youth Hostel Site). 

No further notes – decision notice not downloaded. 

13 July 2010

Meadowview Park , St. Osyth Road, Little Clacton 

APP/P1560/X/09/2115466 

Extension and redevelopment of a holiday camp - sui generis - (as granted planning permission on 9 January 1976 - appeal ref: APP/5520/A/74/10875; planning permission ref: TEN/613/74). 

No further notes – decision notice not downloaded. 

14 July 2010

53 Bryn Castell 

APP/T6905/X/09/2112735 

Extension of curtilage to dwelling. 

No further notes – decision notice not downloaded. 

16 July 2010

97 Manor Waye 

APP/R5510/X/09/2116893 

Existing use of a dwellinghouse to 1 x three-bedroom and 1 x one-bedroom self-contained flats. 

No further notes – decision notice not downloaded. 

16 July 2010

Pinstone Way , Tatling End 

APP/N0410/X/09/2118302 

Storage of containers : Vehicle Storage 

No further notes – decision notice not downloaded. 

19 July 2010

Garden Centre, 9 Lees Lane 

APP/R0660/X/09/2115961 

Use of the site as a garden centre 

No further notes – decision notice not downloaded. 

21 July 2010

10 Nuthatch Close, Creekmoor, Poole BH17 7XR 

APP/Q1255/X/10/2121248 

Part 40, Class A - To create an array of photovoltaic panels in roof. 

The Inspector looked at conditions A.2(a) and A.2(b), and allowed the appeal. 

26 July 2010

Days Lane, Pilgrims Hatch 

APP/H1515/X/09/2118817 

Use of building as a residential dwelling. 

No further notes – decision notice not downloaded. 

27 July 2010

Sanders Park , Sampford Courtenay 

APP/Q1153/X/09/2118664 

Use of land and building for storage, distribution, builders yard and production / mixing of lime based products and associated activities. 

No further notes – decision notice not downloaded. 

28 July 2010

Monkshatch Garden Farm, Hogs Back 

APP/Y3615/X/09/2116400 

Certificate of Lawfulness for an existing use to establish whether the building and associated land has been used as a single dwelling house for more than four years before the date of this application. 

No further notes – decision notice not downloaded. 

28 July 2010

The Pool House, St Briavel's Common 

APP/P1615/X/09/2118356 

Use of The Pool House as a separate dwelling unit. 

No further notes – decision notice not downloaded. 

29 July 2010

Land on corner of Frating Road and Brundells, Great Bromley 

APP/P1560/X/10/2120653 

Siting of caravan for shelter and erection of shed; and use of land for leisure / recreational uses. 

No further notes – decision notice not downloaded. 

3 August 2010

Lilac Cottage, Malthouse Lane, Caerleon NP18 3SL 

APP/G6935/X/09/2118587 

Welsh case – dealt with whether permitted development rights had been removed by condition. 

No further notes – decision notice not downloaded. 

9 August 2010

Old Gore Wood, Old Gore Lane 

APP/Q3305/X/10/2122587 

Use of the land as a 32 pitch touring caravan site and ancillary development in accordance with outline consent ref : 039866/002 and reserved matters approval, ref: 039866/005 granted in 1976 and 1979 respectively (DEL). 

No further notes – decision notice not downloaded. 

9 August 2010

Dunkirk , Aylsham 

APP/K2610/X/10/2121413 

Industrial Units at Aylsham. 

No further notes – decision notice not downloaded. 

13 August 2010

Willow Cottage, South Hay 

APP/M1710/X/10/2130178 

Dwellinghouse built in accordance with planning permissions 38551/001 & 38552/002. 

No further notes – decision notice not downloaded. 

18 August 2010

Adjacent Shafford House, Childwickbury 

APP/M1900/X/09/2117956 

The recycling of non toxic skip waste, the composting and recycling of green garden waste and for the storage of building materials and the storage and repair of machinery and vehicles. 

No further notes – decision notice not downloaded. 

19 August 2010

69 Effingham Road

APP/Y5420/X/10/2121567 

Retention of property as two self contained flats. 

No further notes – decision notice not downloaded. 

19 August 2010

Old Wesleyan Chapel, Carricks Hill 

APP/U1430/X/10/2126765 

Lawful use of the building as a residential dwelling 

No further notes – decision notice not downloaded. 

20 August 2010

120 / 122 Stoney Lane, Rear of Sparkbrook 

APP/P4605/X/10/2121866 

Existing use as garage business 

No further notes – decision notice not downloaded. 

24 August 2010

Gordon House, Stelling Minnis 

APP/L2250/X/10/2123601 

Exixting use of land as garden land 

No further notes – decision notice not downloaded. 

24 August 2010

Evergreen Farm, Partridge Lane 

APP/B3600/X/10/2121231 

The use at the site of one roll on/roll off container skip. 

No further notes – decision notice not downloaded. 

2 September 2010

Heol Draw, Tretower 

APP/P9502/X/10/2128352 

Residential use of dwelling and ancillary residential use of outbuildings along with residential use of curtilage, as identified with the site edged red. 

No further notes – decision notice not downloaded. 

2 September 2010

Hawthorne Cottage, Hawthorne Lane, Rowledge, Farnham, Surrey GU10 4DJ 

APP/R3650/X/09/2114933 

Construction of a first floor extension as approved by permission reference FAR/418/61. 

Dealt with whether a planning permission granted in the 1960s could be said to be partially implemented such that the remaining works (first floor extension) could be undertaken 50 years later.  

7 September 2010

12 Hillcrest Road , Biggin Hill, Westerham, Kent, TN16 3TY 

APP/G5180/X/09/2117078 

Erection of means of enclosure (swimming pool) – the development was undertaken prior to the current version of Part 1, and in any case was subject to enforcement notices that had not been appealed and are now in effect. 

No further notes – decision notice not downloaded. 

15 September 2010

64 Great Thrift, Petts Wood, Orpington, Kent, BR5 1NG 

APP/G5180/X/09/2118423 

“Single storey building at rear for use as triple garage and store” – assessment revolved around an assessment of the extent of the “curtilage” of the property. 

No further notes – decision notice not downloaded. 

15 September 2010

301A Shirland Road, London W9 3JL 

APP/X5990/X/09/2118977 

“Raise roof (grey slate mansard) or wall (flat roof) at application site to no more than 3 metres from ground level (nothing else changes)”. The Council refused the COL on the grounds that PD rights had been removed by a condition on a previous planning permission – the appellant tried to argue that the condition was invalid. Appeal dismissed. 

No further notes – decision notice not downloaded. 

15 September 2010

28-30 Trinity Street , Halstead, CO9 1JA

APP/Z1510/X/10/2121235 

Continued use of building as A3, A5, D2 (Children’s indoor play area with café). 

No further notes – decision notice not downloaded. 

16 September 2010

Dells Farm, Batemans Lane, Wythall, Birmingham B47 5DF 

APP/P1805/X/10/2123027 

Use of ancillary amenity space to accommodate the stationing of an additional 8 caravans for residential purposes 

No further notes – decision notice not downloaded. 

23 September 2010

Downsview Nursery South, New Hall Lane, Small Dole, BN5 9YJ 

APP/Z3825/C/10/2121311 

The use of an agricultural building as a single dwelling house. 

No further notes – decision notice not downloaded. 

23 September 2010

Unit 9, Avoncroft Cattle Breeders Site, Buntsford Hill, Bromsgrove B60 3AS 

APP/P1805/X/10/2120453 

Proposed use of building for purposes falling within B1/B2 and B8 uses. 

No further notes – decision notice not downloaded. 

23 September 2010

Stacklands Retreat House, School Lane, West Kingsdown, Sevenoaks, Kent, TN15 6AN 

APP/G2245/X/09/2119650 

Completion of retreat building. 

Contains the quote: “I agree that, were it the case that development pursuant to permission 3928 had been commenced in accordance with the relevant plans prior to 1968, completion of the scheme so approved would be lawful.” 

28 September 2010

Ronw Uchaf, Pontgarreg, Llandysul, Ceredigion SA44 6AU 

APP/D6820/X/10/2128460 

Proposed and existing use of yard, land and buildings for storage and recycling of scrap metal and end of life vehicles.

No further notes – decision notice not downloaded. 

28 September 2010

Sharps Hay, Green Lane, Churchdown, Gloucestershire, GL3 2LB 

APP/G1630/X/10/2127574 

Part 2, Class B - Erection of a double garage, proposed vehicular access and permeable parking/ turning area. 

Dealt with Part 2, Class B.   Inspector stated that “substantial ground excavation and the maintenance of ground levels by large retaining walls … are engineering operations which … are significant in scale and exceed works that could reasonably be regarded as incidental to the provision of a means of access”.

28 September 2010

Dixie , Chelveston Road, Stanwick, Raunds, Wellingborough, NN9 6PU 

APP/G2815/X/09/2117504 

Siting of a mobile home for residential use.

No further notes – decision notice not downloaded. 

6 October 2010

Plot 3E, Beech House Farm, Beech House Lane, Salehurst, Robertsbridge, East Sussex TN32 5PN 

APP/U1430/X/10/2121477 

Lawful Development Certificate in respect of land which has been cultivated and therefore caravan used for storage.

No further notes – decision notice not downloaded. 

8 October 2010

120 Hampden Road , London N8 0HS

APP/Y5420/X/10/2120652 

Use of property as two self contained flats.

No further notes – decision notice not downloaded. 

13 October 2010

The Jennings Yard, Monk Sherborne Road, Sherborne St John, Basingstoke, Hampshire, RG24 9LH 

APP/H1705/X/10/2125988 

Use of land as builders yard 

No further notes – decision notice not downloaded. 

19 October 2010

Ashfield Farm, Howe Green, HERTFORD, Hertfordshire SG13 8LJ 

APP/J1915/X/10/2122572 

Use for non agricultural storage and for vehicle and equipment maintenance workshop. 

No further notes – decision notice not downloaded. 

20 October 2010

Hill Cottage Farm Camping and Caravan Park, Sandleheath Road, Alderholt, Dorset SP6 3EG 

APP/U1240/X/10/2121284 

Use of land for camping purposes (tents and caravans) for the period April to October (inclusive) each year. 

No further notes – decision notice not downloaded. 

25 October 2010

5 Gilnow Road , Bolton BL1 4LH

APP/N4205/X/10/2129617 

The proposed additional use of a dwelling house as a base for taking telephone bookings for the operation of two private hire vehicles 

No further notes – decision notice not downloaded. 

25 October 2010

Dunmurry, Goodeve Road, Bristol BS9 1PR 

APP/Z0116/X/10/2131939 

The construction of gates and piers. 

No further notes – decision notice not downloaded. 

27 October 2010

Land at OS 93, Near Dinmor, Penmon, Anglesey, LL58 8SN 

APP/L6805/X/10/2128727 

Proposed use for 2 dwellings 

No further notes – decision notice not downloaded. 

27 October 2010

8 Eden Court , Watford, Northamptonshire NN6 7UW 

APP/Y2810/X/09/2119278 

Retention of 1.8m high boundary fence 

No further notes – decision notice not downloaded. 

1 November 2010

Dwelling knofwn as Maesaran, Kerry, Powys SY16 4DW 

APP/T6850/X/10/2124973 

Use of dwelling without complying with condition no. 11 

No further notes – decision notice not downloaded. 

1 November 2010

1 Ridehalgh Street , Colne, BB8 8DW

APP/E2340/X/10/2124054 

The use of the land for car parking. 

The appeal dealt with whether a piece of land in front of the front garden is within the “curtilage” of the property, whether evidence of a previous building on this land affects this, and whether an LDC can be issued in breach of an enforcement notice. 

1 November 2010

Ivy Cottage Mobile Home Park , Within Lane, Hopton, Staffordshire, ST18 

OLP 

APP/Y3425/X/09/2115020 

Use as a caravan site for the stationing of residential caravans, etc 

No further notes – decision notice not downloaded. 

3 November 2010

Tollgate Holiday Bungalows, Duver Road, Seaview, Isle of Wight PO34 5AJ 

APP/P2114/X/10/2126639 

LDC sought for permanent residential use. 

The Inspector explained the tests for how to interpret a planning permission decision notice. 

9 November 2010

Storage yard adjoining Pilning Station, Station Road, Pilning, Bristol BS35 4JT 

APP/P0119/X/10/2125474 

The existing use of land for storage of containers. (Class B8 as defined in the Town and Country Planning (Use Classes) Order 1987 as amended).

No further notes – decision notice not downloaded. 

9 November 2010

Beans Meadow, Nottingham Road, Heronsgate, Hertfordshire WD3 5DP 

APP/P1940/X/10/2124090 

Use of cabin as dwelling. 

No further notes – decision notice not downloaded. 

11 November 2010

Arch Farm Barn, Woolpit Road, Norton, Bury St Edmunds, Suffolk, IP31 

3LX 

APP/W3520/X/10/2123158 

Use and occupation of Arch Farm Barn and its curtilage as a dwelling.

No further notes – decision notice not downloaded. 

12 November 2010

Land on the south side of Epperstone Road, Lowdham, NG14 7BZ 

APP/B3030/X/10/2125071 

Section 192 application for certification for a lawful development certificate as market garden and sale of produce from existing buildings. 

No further notes – decision notice not downloaded. 

16 November 2010

Land adjacent to Highgate Road, Edge Lane, Colden, Hebden Bridge, 

HX7 7PF 

APP/A4710/X/10/2126756 

Single dwelling house 

No further notes – decision notice not downloaded. 

18 November 2010

1 Kingfield Street , London E14 3DD

APP/E5900/X/10/2124120 

Certificate of Lawfulness in respect of existing use of studio units A-G for residential purposes. 

No further notes – decision notice not downloaded. 

19 November 2010

73 The Crescent, Stockport SK3 8SL 

APP/C4235/X/10/2132351 

Use of the premises as a Children's Home for up to 4 young people and 2 carers. 

No further notes – decision notice not downloaded. 

22 November 2010

Land between and to rear of 120c and 121a Charlton Park, Midsomer Norton, Radstock BA3 4BP 

APP/F0114/X/10/2129713 

The erection of two bungalows and garages in accordance with planning permission WN/004187/B dated 6 January 1995. 

No further notes – decision notice not downloaded. 

23 November 2010

Orcheton House Farm, Wood Lane, Heskin, CHORLEY, PR7 5PA 

APP/D2320/X/10/2133562 

Single storey extensions to existing dwellings – Inspector concluded that property was not a “dwellinghouse” and that extensions would not be within the “curtilage”.

No further notes – decision notice not downloaded. 

23 November 2010

Land between 77 and 81 The Farthings, Astley Village, CHORLEY 

APP/D2320/X/10/2133380 

Siting of a wheeled container/store. 

No further notes – decision notice not downloaded. 

23 November 2010

39 Edwards Road, Whitley Bay, NE26 2BH 

APP/W4515/X/10/2121958 

Use of existing dwelling house property as a dwelling for three residents living together and acting as a single household at 39 Edwards Road Whitley Bay, Tyne and Wear NE26 2BH. 

No further notes – decision notice not downloaded. 

25 November 2010

The Bog, Whitmead Lane, Tilford, Farnham GU10 2BP 

APP/R3650/X/10/2130245 

Use of two principle buildings as a single dwelling house.

No further notes – decision notice not downloaded. 

25 November 2010

First, second and third floors, 11 Charlotte Place, London W1T 1SJ 

APP/X5210/X/10/2124828 

Use of 5 non-self contained household units as 3 self-contained household residential 

units 

No further notes – decision notice not downloaded. 

29 November 2010

Land at Nant y Felin, Swansea West Industrial Park, Fforestfach, Swansea SA5 4HL 

APP/B6855/X/10/2130846 

B2 (Industrial) and B8 (Storage) uses within specific areas of the site.

No further notes – decision notice not downloaded. 

30 November 2010

1 Devonshire Road , Ilford IG2 7EN

APP/W5780/X/10/2129086 

Retention of existing outbuilding and use as a separate dwelling. 

No further notes – decision notice not downloaded. 

7 December 2010

Wyland International Angling Centre, Powdermill Lane, Battle, TN33 0SU 

APP/U1430/X/10/2123485 

Lawful use for the land for the siting of two caravans for the purpose of providing holiday accommodation. 

No further notes – decision notice not downloaded. 

8 December 2010

The Caravan, Coolam Barn, Tosside, Skipton BD32 4SD 

APP/C2708/X/10/2131984 

Use of static caravan as a dwelling for unrestricted residential use. 

No further notes – decision notice not downloaded. 

8 December 2010

100 Brampton Road , London NW9 9DD

APP/T5150/X/10/2123245 

Erection of a building to be used for storage / gym. The part of the decision notice that relates to PD concerns the previous version of Part 1.

No further notes – decision notice not downloaded. 

9 December 2010

Land at Prince of Wales Dry Dock, Swansea Docks, Swansea SA1 1SF 

APP/B6855/X/10/2126512 

The proposed use is Class B2 for the repair, dismantling, recycling and breaking up of ship and marine units. 

No further notes – decision notice not downloaded. 

9 December 2010

Land at Phoenix Wharf, Swansea Docks, Swansea SA1 1SF 

APP/B6855/X/10/2126518 

The proposed use is Class B2 for the repair, dismantling, recycling and breaking up of ship and marine units. 

No further notes – decision notice not downloaded. 

14 December 2010

Demartino Restaurant, 196-198 Great Portland Street, London, W1W 5QF 

• 

APP/X5990/X/10/2133033 

Use of the public highway for the placing of tables and chairs in an area measuring 1.5m x 3.25m in connection with the existing restaurant. 

No further notes – decision notice not downloaded. 

14 December 2010

White Owl Farm, Hundreds Road, Crowland, Peterborough, PE6 0LG 

APP/J0540/X/10/2131744 

Siting of mobile home used as granny annexe.

No further notes – decision notice not downloaded. 

14 December 2010

The Oaks, Lyne Lane, Chertsey, Surrey KT16 0AL 

APP/Q3630/X/10/2125733 

Increase in storage on the site from 2 boats, 1 motor vehicle and 1 caravan to 3 boats, 3 caravans and 5 motor vehicles. 

No further notes – decision notice not downloaded. 

14 December 2010

The Oaks, Lyne Lane, Chertsey, Surrey KT16 0AL 

APP/Q3630/X/10/2125738 

To increase the number of motor vehicles for sale at the site from one to five at any one time. 

No further notes – decision notice not downloaded. 

14 December 2010

1 Treeside Place , Cranley Gardens, London N10 3AR 

APP/Y5420/X/10/2124572 

Creation of patio/hardstanding in garden (to be finished in brick pavers). 

The main issue was whether the property still benefited from permitted development rights, particularly in light of an alleged breach of a condition of the original planning permission for the property. 

15 December 2010

Land opposite Boundary Farm, London Road, Hurst Green TN19 7QY 

APP/U1430/X/10/2127091 

The applicants proposed use is that of keeping livestock in the stables & when housed as such, monitoring their welfare full time by way of time shifts & in such time expended pursuing a minor ancillary non-commercial use in art & craft. For the sake of clarity this would involve the full time occupation of the barn & stables 24 hours per day.

No further notes – decision notice not downloaded. 

15 December 2010

394 High Road , Harrow, Middlesex, HA3 6HJ 

APP/M5450/X/10/2125544 

The proposed use of the side extension of the dwellinghouse for odffice and design of cosmetic jewellery (Class B1) employing three (3) full time and one (1) part time employees between 9:30 Hours to 17:00 Hours. 

No further notes – decision notice not downloaded. 

16 December 2010

170 Commercial Road , London, E1 2JY

APP/E5900/X/10/2128782 

Retention of retail use on ground floor and conversion of first to third floors to a self-contained flat.

No further notes – decision notice not downloaded. 

17 December 2010

75-91 Shaftesbury Avenue and 52-53 Dean Street, London W1D 5DU 

APP/X5990/X/10/2128950 

Use of 10 car parking spaces at basement level for commercial purposes. 

No further notes – decision notice not downloaded. 

22 December 2010

13 Pensford Close, Crowthorne, Berkshire RG45 6QR 

APP/X0360/X/10/2133575 

The proposed conversion of existing garage to habitable accommodation to form a one bedroom annexe.

No further notes – decision notice not downloaded. 

22 December 2010

10 Clayton Park, Hassocks, West Sussex BN6 8JQ 

APP/D3830/X/10/2129987 

The addition of a pitched roof over the garage in place of the existing flat roof; the addition of a pitched roof over the porch in place of the existing flat roof and the addition of a handrail and balustrade around the existing balcony (Balcony and access door formed in September 2008). The application was assessed against the previous version of Part 1 of the GPDO. 

No further notes – decision notice not downloaded. 

22 December 2010

Higher Park, Iddesleigh, Winkleigh, Devon EX19 8BS 

APP/Q1153/X/10/2128902 

Determination of whether existing structure on-site is a "mobile unit".

No further notes – decision notice not downloaded. 

29 December 2010

Northern part of the former Cape Boards Site, Iver Lane, Uxbridge, UB8 2SR 

APP/R5510/X/10/2125095 

Marking out on existing tarmac of 25 lorry parking spaces.

No further notes – decision notice not downloaded. 

31 December 2010

Land adjacent to Lower Milton, Payhembury, Devon, EX14 3HE 

APP/U1105/X/10/2128622 

Use of land to site a residential caravan. 

No further notes – decision notice not downloaded. 

31 December 2010

Myatt & Leason, Old Mill Street, Stoke-on-Trent ST4 2RP 

APP/M3455/X/10/2123872 

To use premises as retail (Use Class A1) with ancillary workshop. 

No further notes – decision notice not downloaded. 

10 January 2011

Cedar Lodge, Headley Road, Epsom KT18 6BH 

APP/P3610/X/10/2133366 

Use as a dwellinghouse without complying with conditions 12 and 16 attached to planning permission 83/0826/0396 

No further notes – decision notice not downloaded. 

10 January 2011

17 College Crescent , London NW3 5LL

APP/X5210/X/10/2131829 

Re-arrangement and use of property as 9 bed-sitting rooms (each with kitchen area and shower room) with communal utility room and store room and two self-contained flats. 

No further notes – decision notice not downloaded. 

11 January 2011

The Log Cabin, Four Oaks, Ivy Barn Lane, Margaretting, CM4 0EW 

APP/W1525/X/10/2127194 

Use as a single dwelling 

No further notes – decision notice not downloaded. 

12 January 2011

Burleyhayes Linhay, Hemyock, Cullompton, Devon, EX15 3UL 

APP/Y1138/X/10/2129483 

The existing use of a former agricultural linhay for storage/recreational use in association with the existing nearby dwelling known as 'Burleyhayes Cottage'. 

No further notes – decision notice not downloaded. 

17 January 2011

Land adjacent to Leckford Hutt, London Road, Leckford, Hants SO20 6DE 

APP/C1760/X/10/2125334 

Proposed increase from 5 to 15 caravans 

No further notes – decision notice not downloaded. 

18 January 2011

397 Wimborne Road East , Ferndown, Dorset, BH22 9LZ 

APP/U1240/X/10/2135177 

Construction of the most westerly of the two dwellings approved under planning 

permission 3/90/0319 in accordance with plans approved under this permission. 

No further notes – decision notice not downloaded. 

28 January 2011

Brooksbank Garage, Featherstone Lane, Featherstone, Pontefract, WF7 6AN 

APP/X4725/X/10/2130208 

Certificate of existing lawful use of car park ancillary to a garage (B2). 

No further notes – decision notice not downloaded. 

28 January 2011

Gralerie Woods, South Tawton, Devon, EX20 2LR 

APP/J9497/X/10/2127979 

Construction of a forestry store. 

No further notes – decision notice not downloaded. 

1 February 2011

Court Farm House, Clapton, Crewkerne, TA18 8PU 

APP/R3325/X/10/2138801 

The use of land for the siting of a mobile home for use ancillary to main dwelling. 

No further notes – decision notice not downloaded. 

1 February 2011

11 Exmouth Road , Ruislip HA4 0UX

APP/R5510/X/08/2083306 

Dealt with proposed extension under the previous version of Part 1. 

No further notes – decision notice not downloaded. 

2 February 2011

Hawthorn Cottage, Dobshill, Hawarden, Flintshire CH5 3LZ 

APP/A6835/X/10/2136215 

Use of Hawthorn Cottage as a single dwellinghouse in breach of condition number 3 of planning permission number 4/12/17251, dated 4 October 1988 

No further notes – decision notice not downloaded. 

7 February 2011

22 Mill Lane , Wigginton, York, YO32 2PX 

APP/C2741/X/10/2132047 

Existing shop 

proven to have operated since 1917, to continue trading as a shop selling food 

products. No change in use 

No further notes – decision notice not downloaded. 

8 February 2011

9 Seawick Road , St. Osyth, Clacton on Sea, CO16 8JS 

APP/P1560/X/10/2130140 

Lawful Use Application for all year round occupancy. The Inspector looked at caselaw with respect to 4 year rule vs 10 year rule. 

No further notes – decision notice not downloaded. 

18 February 2011

62 Mangrove Road , Hertford SG13 8AN

APP/J1915/X/10/2135567 

The development proposed is veranda to front, side dormers, rear first floor dutch roof aspect to be modified as to original approved planning permission ref. 3/07/2446/FP. 

No further notes – decision notice not downloaded. 

18 February 2011

Pound Meadow, Temple Lane, Bisham, MARLOW, SL7 1SA 

APP/T0355/X/10/2131080 

The use for which a certificate of lawful use or development is sought is D2 (or “The use of Pound Meadow for leisure purposes) 

No further notes – decision notice not downloaded. 

18 February 2011

South Trew Stables, Highampton, Beaworthy, Devon EX21 5JG 

APP/W1145/X/10/2129644 

Use of land for the storage of caravans. 

No further notes – decision notice not downloaded. 

21 February 2011

14 Monkhams Drive, Woodford Green, IG8 0LQ

APP/W5780/X/10/2138258 

Single storey rear extension completed September 2008. CERTIFICATE OF LAWFUL DEVELOPMENT (EXISTING) – Extension was commenced prior to 01/10/2008. 

No further notes – decision notice not downloaded. 

21 February 2011

Buttercup Barn, Palmers Road, Wootton Bridge, Ryde, IoW PO33 4NF 

APP/P2114/X/10/2127942 

Lawful Development Certificate for continued use of property as residential. 

No further notes – decision notice not downloaded. 

23 February 2011

Warren Farm, Bar Road, Curbar, Hope Valley S32 3YB 

APP/M9496/X/10/2126722 

The erection of a building which has been used as a dwelling for in excess of four years without an agricultural occupancy condition within use class C3. 

No further notes – decision notice not downloaded. 

28 February 2011

Le Van, Red Lane, Burton Green, Kenilworth, CV8 1PE 

APP/T3725/X/10/2135808 

An increase from 3 caravans to 8 caravans stationed on a lawful caravan site 

No further notes – decision notice not downloaded. 

1 March 2011

Wildacres, Green Dene, East Horsley, Leatherhead, KT24 5RE 

APP/Y3615/X/10/2130578 

Use as a caravan ancillary to the dwellinghouse by inserting a false ceiling within the structure no higher than 3 m above the floor 

No further notes – decision notice not downloaded. 

2 March 2011

34-35 Cadogan Place , London SW1X 9RX

APP/K5600/X/10/2140909 

Proposed installation of a sculpture at the rear basement garden of the property – the Inspector assessed whether the sculpture constitutes “development”. 

No further notes – decision notice not downloaded. 

8 March 2011

Shipstal Cottage, Shipstal Point, Arne, Wareham, BH20 5BL 

APP/B1225/X/10/2136866 

Works to arrest the process of erosion and flooding and to sufficiently restore the level of land previously affected by this process from the sea within the domestic garden and existing sea defence barrier to an extent which secures house foundations, sewage system integrity and amenity of land. 

No further notes – decision notice not downloaded. 

8 March 2011

Reedswood Retail Park , Reedswood Way, Walsall, WS2 8XA 

APP/V4630/X/10/2135693 

Use of any 

building within the site for the sale of clothing and footwear (fashion). 

Deals with the issue of how to interpret a planning permission, and refers to a number of areas of case law, including the following: 

“The proper interpretation/construction of a planning permission is a matter of law for the courts and on which there is considerable judicial authority. In the case of R. v Ashford Borough Council ex parte Shepway District Council [1998] 2 PLCR 12, it was held that when construing a planning permission regard is only to be had to the permission itself, including the conditions and express reasons for imposing them. Further, a planning permission runs with the land and cannot mean one thing in the hands of one person and something else in the hands of another, as held in Slough Estates Ltd v Slough Borough Council (No. 2) [1971] AC 958; [1970] 2 WLR 1187. However, a court or an inspector should strive to overcome any difficulty in giving words in a planning permission some meaning, as held in Fawcett Properties Ltd v Buckinghamshire CC [1960] 3 All ER 503; [1960] 3 WLR 831. In that case Lord Denning said “a planning condition is only void for uncertainty if it can be given no meaning or no sensible or ascertainable meaning, and not merely because it is ambiguous or leads to absurd results”. Finally at this stage, it was held in R(Reid) v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 2174 (Admin) that the legal question in construing a planning permission (or a condition to it) is not what the LPA intended to grant but what it in fact granted, and that there is no rule that planning permissions and conditions are to be construed narrowly or strictly as held in Hall & Co Ltd v Shoreham-by-Sea DC [1964] 1 WLR 240 at 245.” 

8 March 2011

2 Holland Road , London W14 8BA

APP/K5600/X/10/2132193 

The erection of a poster panel 4.5m x 3m 

The Inspector considered whether the advert was granted deemed consent by either Class 6 or Class 12 of the Advert Regs. 

9 March 2011

Castle Piece Stables Eastbury Hungerford Berkshire RG17 7RJ 

APP/W0340/X/10/2138208 

The dwelling to be occupied by a person solely or mainly employed full-time in horse training or a dependant of such a person residing with that person on the land identified in this planning permission 

No further notes – decision notice not downloaded. 

10 March 2011

Lone Barn, Stoke Lyne, Bicester, Oxon, OX27 8SD 

APP/C3105/X/10/2139726 

Use of building as a single dwellinghouse and surrounding land as residential curtilage 

No further notes – decision notice not downloaded. 

10 March 2011

Adams Well, Colchester Road, Assington, Sudbury CO10 5LX 

APP/D3505/X/10/2134344 

Proposed use of a farm building as a shop. 

No further notes – decision notice not downloaded. 

11 March 2011

104 Stoke Newington Church Street, London N16 0LA 

APP/U5360/X/10/2128480 

Use of the 

basement as a social club. 

No further notes – decision notice not downloaded. 

16 March 2011

197 Botley Road , Burridge, Fareham SO31 1BJ 

APP/A1720/X/10/2137071 and APP/A1720/X/10/2138658 

Storage of cabins, plant, caravans and building materials and the repair and servicing of builders plant, machines and motor vehicles and the assembly and fabrication of building components. 

No further notes – decision notice not downloaded. 

17 March 2011

Basement flat, 118 Camden Road, London, NW1 9EE 

APP/X5210/X/10/2139147 

Use of basement as a self contained residential flat (Class A3) 

No further notes – decision notice not downloaded. 

17 March 2011

14 London Road , Shenley, Radlett, Hertfordshire, WD7 9EN 

APP/N1920/X/10/2133438 

Use as a storage and distribution centre 

No further notes – decision notice not downloaded. 

8 March 2011

192 Birchwood Road , Wilmington, DA2 7HA

APP/T2215/X/10/2136302 (Appeal A) and APP/T2215/X/10/2133726 (Appeal B) 

Part 2, Class A. 

The property is a three-storey detached house, and fronts a slip-road off Birchwood Road (the slip-road is also called Birchwood Road). Between the front boundary of the property and the slip-road is a grass verge (width approx 3m). The applicant had replaced the previous front boundary treatment (height >1m) with a new front boundary treatment (height >1m). The Inspector concluded that regardless of the grass verge, the front boundary is still “adjacent to a highway”. The Inspector noted that “a boundary treatment does not have to touch a highway to be ‘adjacent’ to it and the definition does not mean ‘contiguous with’”. Furthermore, the Inspector noted that the “complete demolition and replacement is not ‘maintenance, improvement or alteration’, which can only relate to works to an existing structure; it falls within the category of ‘erection or construction’”. As such, the new front boundary treatment was therefore subject to the 1m height limit, regardless of the height of the previous structure. 

23 March 2011

17 Eastmoor Road , Brimington, Chesterfield, S43 1PR 

APP/A1015/X/10/2136174 

The use of land as residential curtilage of 17 Eastmoor Road, Brimington, Chesterfield, S43 1PR – the assessment revolved around an assessment of the extent of the “curtilage” of the property. 

[Case law quotes]. 

No further notes – decision notice not downloaded. 

23 March 2011

Brooklands Farm, Botley Road, Bishop's Waltham, Southampton SO32 1DR 

APP/L1765/X/10/2133597 

Storage and distribution (Use Class B8) 

No further notes – decision notice not downloaded. 

23 March 2011

Trim Cottage, The Common, Woodgreen, Fordingbridge, Hants SP6 2BD 

APP/B9506/X/10/2130277 

Use of ancillary building as a separate unit of residential accommodation – Class C3 

No further notes – decision notice not downloaded. 

24 March 2011

19 Redshelf Walk Brentry Bristol BS10 6NY 

APP/Z0116/X/10/2143190 

10 cat pens to be erected on smooth concrete base behind unchanged residential house – no machinery to be installed. 

No further notes – decision notice not downloaded. 

24 March 2011

Land and building rear of 6 Dundonald Avenue, Abergele, Conwy LL22 7SP 

APP/T6905/X/10/2129795 

Building used for storage and offices relating to plumbing contractors business, and use of land for car parking (staff and clients). 

No further notes – decision notice not downloaded. 

11 April 2011

3 New Street, Doddington, March PE15 0SP

APP/D0515/X/10/2142482

Proposed outbuilding consisting of a lounge/dining room, a kitchen, a hall, two bedrooms and a bathroom.

The Inspector found that the proposed outbuilding would not be incidental.

5 May 2011

33 Shrewsbury Avenue , Harrow, HA3 9LX

APP/M5450/X/11/2144935

Proposed outbuilding consisting of gym,store, and shower room.

The Inspector found that the proposed outbuilding would be incidental.