Smart Planning have successfully won an appeal overturning a decision by Maldon District Council to refuse a Certificate of Lawful Existing use/or Development (CLEUD) for an incidental outbuilding in the village of Great Totham.

Whilst the structure, located in the rear garden of a residential property, was found to comply with the size and design tests of Class E of the General Permitted Development Order (GPDO), the Council argued that the footprint of the outbuilding was around 50% that of the host dwelling.

Therefore it was the Council’s opinion that the outbuilding was “large enough to be capable of activities of a nature and scale beyond a purpose merely incidental to the enjoyment of the dwellinghouse“.

The outbuilding is currently being used as an open-sided summer room and barbecue area with hot tub.

However, at the appeal stage Smart Planning successfully demonstrated through robust submissions that the structure had a footprint which equated to 28.85% of the host dwelling, contrary to the Council’s assessment. The Council had already conceded that the uses “could be required for a purpose incidental to the enjoyment of the dwellinghouse“.

The Inspector concluded that “the Council’s refusal to grant a certificate of lawful use or development in respect of the erection of an outbuilding for use as a summer room and hot tub incidental to the enjoyment of the dwelling was not well-founded and that the appeal should succeed.

The appeal was subsequently allowed, much to the delight of the client.

14 August 2020