DC Casebook: Residential annexe use claim rejected

The High Court has accepted that the owner of a home in Buckinghamshire should be required to demolish an outbuilding in the grounds because it is tantamount to a new dwelling.

The owner claimed that the building was landlocked and could only be accessed through his garage. He asserted that the council had advised that permission was not required for its use as a workshop, gym and store room. The council subsequently issued an enforcement notice requiring its complete demolition. This approach was supported by an inspector who noted that the building contained a kitchen, two carpeted and plastered rooms and a bathroom.

On that basis, he concluded that the building had all the facilities needed for day-to-day independent living and hence was not permitted development. Mr Justice Lindblom decided that the inspector's reasoning could not be attacked and no error in law had been made. The owner could apply for the structure to be retained but this would be a matter for the council to determine, he noted.

Munir v Secretary of State for Communities and Local Government

Date: 8 October 2010

Ref: CO/438/2010

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