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Log cabin annexe appeal success


Log cabin annexe appeal success

KEY FACTS

  • Planning appeal allowed for log cabin annex
  • Enforcement appeal quashed

SECTORS & SERVICES USED:

  • Appeals
  • Certificate of Lawfulness
  • Enforcement
  • Planning Applications

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After a lengthy and costly battle with the Council, Bloomfields succeeded in winning both a planning and enforcement appeal against a log cabin annexe within the garden of a dwellinghouse.

Ashford Borough Council allowed a certificate of lawfulness for a log cabin mobile home to be provided within the garden of a property a number of years ago. This was then used by our client to provide ancillary accommodation for her housekeeper and nanny.

The Council considered that this use needed planning permission and an application was duly submitted by Bloomfields as the Council indicated that this would regularise matters.
Unfortunately the Council, after a lengthy period of time and significant u-turn, refused this application and also set out that they did not believe that the log cabin was a mobile home. This left our client with no choice but to appeal the Council’s refusal, given that the use of a log cabin for ancillary accommodation is supported by Ashford Borough Council’s planning policy.
After the submission of the planning appeal, Ashford Borough Council issued an enforcement notice against the erection of a building and its use as an independent dwellinghouse. Our client then had to appeal against this enforcement notice, as no such building had been erected and used as a dwellinghouse.

The Planning Inspectorate agreed with Bloomfields that a log cabin annexe providing ancillary accommodation within the grounds of a house met local plan policy and the appeal was allowed.

Bloomfields reached out to Ashford Borough Council to ascertain whether they wanted to withdraw their enforcement notice, but the Council did not wish to do so and set out that they would go for costs against our client unless they dropped their appeal against the enforcement notice.

Bloomfields advised that these threatening tactics were not justified, and the enforcement appeal should be left to run its course.

The Planning Inspectorate quashed the enforcement notice setting out that the use by a housekeeper was an ancillary use and that there was no evidence that the log cabin had ever been used as an independent dwelling. The enforcement appeal succeeded and our client has the use of an annexe for ancillary accommodation after a four year struggle.

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