Dwellinghouse — Erection of garage building — Use of part of garage building as annex to house — Whether breach of planning control — Whether creation of separate planning unit — Appeal by council dismissed
The second respondent, Mr R J White, is the owner of land and a house at Woodview, Cornells Lane, Widdington, Essex. Following the grant of planning permission, he erected a garage with a store above. The garage was erected to a height some 0.6 m above that approved and following a second application planning permission was granted for the retention of the building on condition it was used for domestic purposes incidental to the enjoyment of the dwelling and not as a residential annex or a separate dwelling. At ground level the garage building is now divided into a conventional garage and, alongside it, a kitchen area and breakfast bar leading to a staircase. On the first floor there is a bathroom and small bedroom.
By his inspector, the Secretary of State for the Environment allowed appeals by the second respondent against an enforcement notice issued by the appellant council and against a refusal of planning permission; the enforcement notice required the removal of the domestic features in the garage and the council had refused permission for the change of use of the building to provide living accommodation in conjunction with the existing dwelling. The council appealed under sections 78 and 174 of the Town and Country Planning Act 1990.
Held The appeal was dismissed.
The identification of a separate planning unit is a question of fact to be decided on the evidence. The annex in the garage building did not constitute a separate planning unit; the proper test being that of a single family occupation. Although the inspector came to the right conclusion for the wrong reason, in concluding there had been no material change of use of the garage building, it was not necessary to quash the decision.
Emin v Secretary of State for the Environment [1989] JPL 909
Peter Village (instructed by Jameson & Hill, of Hertford) appeared for the appellants, Uttlesford District Council; and Guy Sankey (instructed by the Treasury Solicitor) appeared for the first respondent. The second respondent, Mr R J White, did not appear and was not represented.
