The main issue in this appeal was whether the proposed outbuilding was required for a purpose ‘incidental’ to the enjoyment of the main house.
Outbuildings are permitted development, meaning that you do not normally need planning permission for them.
However, one of the restrictions under permitted development is that the outbuilding must be ‘reasonably required’ by the homeowner and that it be required for ‘incidental’ purposes (such as storage, a home gym, a home office or a games room).
Councils often refuse to issue certificates of lawfulness (also known as lawful development certificates) where they think they are too large and therefore not reasonable.
We have written about this issue in some detail here.
In this case, the council had accepted that the proposal met all of the other criteria of Class E, Part 1, Schedule 2 of the General Permitted Development Order 2015, as amended.
The inspector decided that the proposed uses (a home office, gym, and a storage room) were incidental, and also decided that they were reasonable in size – each room was sized to match its proposed use and the need to have space for equipment etc.
We were delighted when the inspector allowed the appeal and issued the certificate of lawfulness.
If you are facing a similar challenge, please do not hesitate to contact our planning consultants for some advice.
