Granny annexe at 10 Rufford Close, Watford

What was proposed

Retrospective permission was sought for a single-storey rear granny annexe with living accommodation, a gym, jacuzzi, toilet and kitchen facilities.

“The application seeks planning permission for the erection of a single story ancillary granny annexe building to the rear of the site.”

“The proposed building would be 2.7 metres in height and contain a total floor area of 28.96 square metres which includes habitable accommodation, a gym, a jacuzzi, a toilet and kitchen facilities.”

Officer report

The site and surroundings

The site contains a two-storey detached house on a corner plot, with adjoining homes, mature protected trees and garden areas around the property.

“The application site contains a two-storey detached dwelling which is located on the corner of Rufford Close and Tunnel Wood Road. The house has vehicular access from Rufford Close leading to its driveway. To the southeast is the adjoining property at No. Rufford Close which contains a detached dwelling, while to the rear of the site is the property at No. Nascot Wood Road, which is also a corner plot with Tunnel Wood Road.”

“The site contains mature trees on and adjacent to the site that are protected under Tree Preservation Order (TPO) 161 and which forms part of Protected Tree Group G1, whilst another Protected Tree Group (G2) exists along Nascot Wood Road outside of the application site’s rear boundary.”

Officer report

Earlier planning history

Earlier applications included permissions for extensions and tree works, while other proposals for the property or access were withdrawn or refused.

“25/00972/TPO: Works to trees under TPO. 161 - G1 Beech Tree - Light canopy lift of up to 1 meter away from the roof line, 1 x Thuja tree, 2 x Sycamore tree's and 4 x Ash tree's.1 x Small Conifer tree (This is struggling under the beech tree). - Dismantle to ground level to prevent any future damage to the property due to the size. Excessive pruning has encouraged growth and continuation of this will cause damage to the property in the future.”

“22/00396/FULH: Demolition of the existing conservatory and erection of part double, part single story rear and side extensions, garage conversion, front porch extension and loft conversion with new dormer and balcony. Planning Permission Refused on 29 April 2022.”

Officer report

What officers recommended

Officers recommended approval because the annexe would remain functionally dependent on the house, with acceptable design, privacy, amenity space and neighbour impacts.

“Moreover, the annexe would not have parking provision or access separate from the host property. It is considered that the sharing of the garden, access and parking would intrinsically connect the outbuilding to the host dwelling, while the annexe would not be readily severable from the host property.”

“Subject to the above legal agreement, it is considered that there would be a suitable relationship between the outbuilding annexe and host dwelling that would afford suitable standards of privacy and access to amenity space for both buildings, and in this regard would ensure acceptable living conditions for the occupiers of the site.”

Officer report

Objections and responses

Five objections raised concerns about privacy, dominance, boundary distance, parking, independent living and business use; officers considered these impacts acceptable or restricted.

“Letters were sent to thirteen (13) properties in the surrounding area. Five (5) objections were received to the application. The following issues were raised in representations that are material to the determination of the application:”

“Overbearing and dominant impact. Height of development above standard fence heights. Siting is located within a metre of boundary. Building is not proportionate for an outbuilding relative to other properties in the area. This is discussed in full in sections 6.9 to 6.23 of this report. It is not considered that the proposal would be dominant or overbearing and the siting of the building given its scale and height are appropriate. Lack of ancillary nature. .”

Officer report

Who spoke

The Development Management Lead presented the application, and the planning agent addressed the committee about written changes.

What members discussed

Members discussed enforcement of the undertaking, permitted development limits, independent living, business use, kitchen facilities and the retrospective construction.

“Councillor Saffery sought clarification on the action the council would take if the unilateral undertaking were breached and the annexe were converted into a standalone dwelling. The Development Management Lead confirmed that the council would take action through the courts, which the enforcement team was currently doing in other cases where a unilateral undertaking had been entered into and then breached.”

“Councillor Saffery clarified that the separate dwelling could not be used as an active place of business. The Development Management Lead confirmed that this was the case and that it could only be used as a home workspace. • Councillor Ansong sought clarification on whether the addition of non- cooking items, such as an air fryer or sink, would lead to an area being regarded as a kitchen. The Development Management Lead confirmed…”

Minutes

The committee vote

The application was put to the committee and approved.

“The Chair summed up the discussion by noting that the development was only marginally larger than permitted development and that, were it not for that, the application would not have been brought before the committee at all. He stressed that by not applying for planning permission first, a substantial amount of money might have been needed to deconstruct the work.”

“On being put to the committee the application was approved.”

Minutes

The decision

Planning permission was granted subject to the approved drawings and materials conditions, alongside the unilateral undertaking restricting separate residential use.

“That, planning permission be granted subject to the conditions listed below 1. Approved Drawings…”

“No development shall commence until details of the materials to be used for all the external finishes of the development hereby approved, including all external walls, all roofs, doors, windows, fascias, rainwater and foul drainage goods, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and samples.”

Minutes