DC Casebook: Housing: Conversion - Ancillary use of outbuilding accepted

An inspector has agreed to vary the terms of an enforcement notice requiring an outbuilding in the grounds of a house in Lancashire to stop being used as a separate dwelling.

The outbuilding contained all the facilities needed for day-to-day living, including a fully fitted kitchen and bathroom. The appellant accepted that the outbuilding could not be occupied as a separate dwelling but claimed that the steps required to comply with the notice, including removal of the kitchen and bathroom, were excessive. She asserted that its ancillary occupation for residential purposes would not involve a breach of planning control and so removal of the kitchen and bathroom was unnecessary.

The inspector agreed. In his opinion, ancillary uses did not involve development within the meaning of section 55 of the Town and Country Planning Act 1990. The notice would be effective if it simply required independent use to cease, he held, since the council would be able to monitor whether such use was operating.

Inspector: Francis Farrimond; Written representations

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