Appeal against a refusal of planning permission for a outbuilding in the rear garden of a flat

Appeal Allowed (Retrospective Planning Permission Granted) on 12 February 2024

islington planning appeal

50 Brecknock Road,
N7 0DD

Council: London Borough of Islington

This appeal relates to an outbuilding that the client had already built at this flat, assuming that it would be permitted development. Unfortunately, flats do not have permitted development rights and he therefore needed planning permission and was at risk of enforcement action.

After considering the evidence and conducting a site visit, the inspector allowed the appeal and granted planning permission for the outhouse. The decision was made based on several factors:

  1. The proposed outhouse was found to be similar in height and design to existing outbuildings in the area, contributing to its subservience and compatibility with the surrounding properties.
  2. Despite some minor variances from the proposed plans, the construction of the outhouse largely adhered to the submitted plans.
  3. The materials used in the construction, particularly the brickwork matching the host dwelling, ensured that the outhouse blended well with its surroundings.
  4. The development was deemed not to harm the character and appearance of the area, aligning with relevant planning policies promoting good design and site optimisation.

Regarding other matters raised, such as concerns about potential future dwelling use and impacts on neighbouring properties, the Inspector found no substantive evidence to suggest significant harm or conflict with planning policies.

The decision was accompanied by recommended conditions to ensure compliance with approved plans and materials, as well as to address any potential impacts on the character and appearance of the area.

In conclusion, the Inspector agreed with the recommendation to allow the appeal and grant planning permission for the installation of the detached outhouse, subject to specified conditions.

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