DC Casebook: Basement occupancy restriction backed

A condition imposed on permission for use of a basement as ancillary accommodation at a home in Devon is fully justified to prevent formation of a new residential unit, an inspector has decided.

The disputed condition stated that the basement flat should remain ancillary to the main dwelling. The appellant claimed that the condition should not have been imposed because the basement had been let to paying tenants prior to the application for alterations to the accommodation. She contended that its independent status had been established by 1999.

The inspector concluded that this claim should be pursued via a lawful development certificate and was not a matter she could determine. However, she concluded that removal of the condition would breach policies to limit the creation of new dwellings remote from settlements with basic services and facilities. No legal agreement had been submitted to support the appellant's proposal that it could be occupied by a key worker at a local hospital, she remarked.

DCS Number 100-068-985

Inspector Jessica Graham; Written representations.

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