Granny Flat, 17 Victoria Avenue, Ilkley, West Yorkshire, LS29 9BW

Planning appeal 3308924 at Granny Flat, 17 Victoria Avenue, Ilkley, West Yorkshire, LS29 9BW (City of Bradford Metropolitan District Council) was dismissed on 22 March 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the annex has been used lawfully in accordance with Condition 3 of the original planning permission, which required the accommodation to be occupied only in connection with and incidental to the occupation of the existing dwelling and not as a separate independent dwelling unit.

existing use as residential annex in accordance with Condition 3 of permission ref 11/00135/HOU

Authority: City of Bradford Metropolitan District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Wharton T
Postcode: LS29 9BW

Main issues, as the Inspector framed them

Whether the annex has been used lawfully in accordance with Condition 3 of the original planning permission, which required the accommodation to be occupied only in connection with and incidental to the occupation of the existing dwelling and not as a separate independent dwelling unit

What decided it

The evidence demonstrated that the annex had been occupied as a separate, independent dwelling unit with separate utilities, commercial tenancy arrangements, and restricted access to shared facilities, rather than as an incidental and ancillary use to the main dwelling as required by Condition 3.

What the Inspector cited

Development plan policies: Policy UR3Policy D1Policy DS5

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.