Appeal Success in Hartlepool for a granny annexe
When a householder desperately needed an annexe for her parents – who required the care and support of their family due to advancing age and ongoing health problems – they turned to NAPC.
We submitted a thorough planning application but it became clear during the application process that the council were not going to accept the annexe with a kitchen, as this would be tantamount to the creation of a separate dwelling.
Despite putting forward counter arguments and Case Law to support our position, the council were unwilling to approve the annexe application with a kitchen. Therefore, the decision was made to remove the kitchen from the plans and planning was subsequently granted subject to a condition restricting the annexe from ever containing a kitchen.
The family were happy that they at least had permission for the annexe. But it soon became clear that the parents’ worsening health meant that a kitchen was necessary.
We advised the family to submit a section 73 application to remove the restrictive kitchen condition from the permission – and then be prepared to appeal the council’s decision when the appeal was inevitably refused.
We identified this approach as the best planning strategy rather than appealing the whole decision straight away where the inspector would consider the principle of the annexe afresh, therefore preserving the original permission.
The section 73 application was submitted and, as predicted, was refused with the council standing by their assessment that the annexe would result in the creation of a new dwelling if it had a kitchen. We then appealed to the Planning Inspectorate.
To support our case, we produced a clear and robust appeal submission, using up to date Case Law, appeal precedents and planning arguments to put forward the best possible argument.
Our appeal was successful, with the inspector agreeing that, even though the annexe may contain all the facilities for independent living, it does not automatically mean that is how it is going to be used, and that there are many other material considerations that need to be taken into account. The inspector agreed, tipping the planning balance in the favour of the family.
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