Residential garden annexe at 20 Marlin Square, Abbots Langley

The site and building

The site contains a two-storey mid-terraced house, a paved rear garden and a flat-roofed outbuilding near a public footpath.

“01/01712/CLPD - Certificate of Lawfulness Proposed Use: Loft conversion with rear dormer windows - 06.02.2002 – Refused. Site Description 2.1 The application site is located on Marlin Square, Abbots Langley and contains a two-storey, mid- terraced dwelling with a yellow facing brick exterior with red brick detailing and a grey slate roof.”

Officer report

Earlier applications and enforcement

An earlier lawfulness application and appeal concluded that the structure was a building requiring planning permission, while an enforcement investigation remained pending.

“Relevant planning and enforcement history 1.1 23/1496/CLED - Certificate of Lawfulness Existing Use: Stationing of Caravan/Mobile Home in rear garden for ancillary residential use. Refused for the following reason: This application seeks a Certificate declaring that the structure, sited in the rear amenity garden within the land edged in red on the accompanying Location Plan, is a caravan and does not constitute development as per Section 55 (1) of the Town and Country…”

“Officer Note: The Appeal decision was based strictly on the facts and on relevant planning law, i.e. that the siting of a caravan/mobile home for incidental or ancillary use in the curtilage of the dwellinghouse did not comprise a material change of use of the land or buildings or operational development.”

Officer report

What officers recommended

Officers recommended retrospective permission because the building was considered acceptable in its setting and would not harm neighbouring amenities, subject to conditions.

“Recommendation: That RETROSPECTIVE PLANNING PERMISSION BE GRANTED subject to conditions.”

Officer report

Who spoke

Councillor Stephen Giles-Medhurst spoke on the application and the agent spoke in favour.

What members discussed

Members discussed the building’s height and use, right-of-way access, the proposed conditions and an air-conditioning unit outside the application.

“Any variance of title to the right of way would be a civil matter rather than a planning matter. Any breaches of the proposed planning condition regarding access to the outbuilding could be reported to the Enforcement Team for investigation.”

“An air conditioning unit referred to by a speaker did not form part of the application but could be referred to the Enforcement Team for investigation.”

Minutes

The committee vote

Councillor Morris moved approval, Councillor Gazzard seconded it, and the proposal passed with seven votes for, none against and three abstentions.

“Councillor Morris moved, and Councillor Gazzard seconded, approval of the application subject to conditions, an additional condition restricting access to the outbuilding to be via the main house, and amendment to condition 1 to restrict the use to be ancillary or incidental to the residential dwelling. On being put to the vote this was carried, the voting being 7 in favour, 0 against, 3 abstentions.”

Minutes

The final decision

The application was approved subject to conditions, including access through the main house and use ancillary or incidental to the residential dwelling.

“RESOLVED: that the application be approved subject to conditions, an additional condition restricting access to the outbuilding to be via the main house, and amendment to condition 1 to restrict the use to be ancillary or incidental to the residential dwelling.”

Minutes