DC Casebook: Householder Development - Independent use of outbuilding resisted

An inspector has refused permission for a double garage with ancillary residential space above a cottage in East Sussex due to the risk that it would become an independent dwelling.

The building was intended to replace a relatively modest single-storey structure. Although it would cover the same floor area, it would have two storeys and part of it would be available for residential use. In the inspector's opinion, it would be possible to use the new space as a separate dwelling in view of its size and detachment from the main residence.

Although the appellants had submitted a legal obligation preventing independent use, the inspector feared that future owners might attempt to remove this restriction and this might be difficult to resist when the building lent itself to residential use. He decided that the building would dominate the relatively modest cottage and undermine the character of the area.

DCS Number 100-064-276

Inspector Bob Marshall; Hearing

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