Rear outbuilding exceeds development limits

A north London council was successful in seeking the removal of a single storey outbuilding in the rear garden of a dwelling an inspector unconvinced that it was permitted development.

200-002-933 (Image Credit: Enforcement Services)
200-002-933 (Image Credit: Enforcement Services)

A LDC had been issued in 2005 to provide a children’s play area but the council stated that the building which had subsequently been erected was much larger spanning the whole width of the rear garden and it also had a flat rather than pitched roof. It also claimed that it was being use as primary living accommodation and did not comply with Class E of Part 1 of Schedule 2 of the GPDO 1995. The appellant contended that the building comprised an amendment to a former garage and attached solarium and was used for storage and as a children’s play area.

The building was materially different to those which previously existed on site the inspector decided noting that it was more ‘box’ like and had a new roof and two new walls. Photographs supplied by the appellant indicated that it contained a kitchen, furniture, clothes, shower room and lounge. Since it contained primary living accommodation it did not fall within the scope of Class E and even if it did the building lay within two metres of the boundary and exceeded two and half metres in height. Nor could the appellant prove it was immune from enforcement action.

Inspector: Keri Williams; Inquiry

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