We were instructed by our client following the refusal of two applications at his dwelling for demolition of an existing detached garage and its replacement with a granny annexe, and a linked proposal for the erection of an extension incorporating a garage and living accommodation, with the Council citing concerns over control of the use of annexe and potential effect upon the occupiers of adjacent properties. We advised that an appeal should be lodged against these decisions as they were not soundly based.
The appeal for the extension was granted, however the Inspector was unable to approve the annexe due to a technical area in the architects original submission which prevented the use of conditions to control the use of the annexe. Following this decision we lodged an application for the client for the annexe with the error corrected, however the Council maintained its earlier stance and refused the application on the grounds that they would be unable to prevent its use as a separate dwelling.
An appeal was lodged against the decision, and following the submission of a robust case citing numerous appeal cases and legal precedent the Inspector approved the annexe.