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Independent dwelling vs ancillary accommodation – appeal success for a granny annexe in Enfield  

ancillary vs independentOur recent planning appeal win for the erection of a granny annexe in the London Borough of Enfield, underlined one of the challenges to applications for ancillary accommodation; whether the proposal is perceived to constitute a separate unit of residential accommodation rather than ancillary use.

Making the case for ancillary accommodation

The original planning application proposed to build a single storey annexe in a generous rear garden plot. The proposed new building had all the amenities for self-contained living but its use and context was clearly ancillary to the host dwelling and we provided robust evidence to highlight the ancillary nature of the proposed annexe.

Furthermore there was evident need for the proposed annexe which would be inhabited by a close relative of the applicants, ensuring continuity of their care whilst enabling both parties to retain a level of independent living.

However, Enfield Council judged the application as an independent dwelling house.  This was not what had been applied for. Our application made clear that planning permission was being sought for the erection of an ancillary granny annexe.

Upon receipt of the refusal we commenced a written representation appeal as we felt there had been an inconsistent approach by the local council; the application was validated as a granny annexe application for ancillary accommodation but in spite of evidence to the contrary, the council had assessed the proposed annexe as a separate dwelling.

Ancillary vs independent dwelling

Whilst the annexe was not of a small scale, the Inspector acknowledged that the evidence presented in no way suggested that the annexe would be used as an independent dwelling. The proposed use of the annexe and its shared access point, utilities and address all support the proposed ancillary use.

The proposed plans were for an annexe which was clearly still subservient to the main dwelling and even with the new annexe in situ, a good sized garden plot would remain. The design of the building was deemed to mimic the surrounding outbuildings and it was felt would not be incongruous in this context.

The inspector agreed with our proposal that the use of the annexe could be controlled via condition, to secure the ancillary use of the building for the future and prevent it being used as an independent unit.

Furthermore, it was acknowledged that the situation of the annexe in the rear garden and the problems of access to the road meant that it would not be possible for the annexe to be used a unit of separate accommodation in the in the future.  

The Inspector noted that we had provided a ‘cogent case’ and allowed the appeal.

About us

Plainview Planning provide planning support for residential developments and granny annexe accommodation. We work on a retainer basis for a number of national annexe and outbuilding providers and are well versed in the challenges faced by such applications.  

Contact our team via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you, providing the site address and a brief overview of your project.  You can also submit your site via our Landmark Page. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.