DC Casebook: Housing Conversion - Staff restriction lifted on green belt home

Planning, 16 May 2008

The cottage lay in the grounds of a manor house. A condition imposed on the 1973 planning permission for the dwelling, which was originally occupied by a gardener, stipulated that it should only be used to house staff. The council argued that removing this would be tantamount to allowing the development of a dwelling in the green belt, which would be wholly inappropriate. Little evidence had been produced to demonstrate that the condition had outlived its usefulness, it maintained.

The inspector reflected that since the early 1970s the use of garden machinery has reduced labour requirements while businesses have been established to maintain substantial gardens. In that light, he agreed that providing a gardener's cottage would not now be justified on the basis of need. It was also evident that the high standard of the appellant's garden was maintained with part-time assistance, since in recent times the bungalow had been occupied by nannies and au pairs.

In his view, the council's concern that removal of the condition would lead to irresistible pressure for another dwelling to serve staff needs was unfounded. Permission for a further staff dwelling would not meet the relevant policy tests in PPG2 and PPS7, he observed. As the bungalow was in good condition, he decided that its retention would not contravene the strict policies controlling development in the green belt.

DCS Number 100-054-669

Inspector David Lavender; Hearing.