Rivermead, Spurlings Road, FAREHAM, PO17 6AA

outbuilding for use as 3 single bedrooms ancillary to the enjoyment of the main dwelling (HMO)

Authority: Fareham Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Goldberg V

Main issues, as the Inspector framed them

whether the LPA's decision to refuse the application for an LDC was well-founded, with particular regard to whether the proposal would be incidental to the enjoyment of the dwelling house

What decided it

The proposed use of the outbuilding for sleeping accommodation constitutes a normal residential function rather than a use incidental to the enjoyment of the dwellinghouse, and therefore falls outside the scope of permitted development rights under Schedule 2, Part 1, Class E of the GPDO 2015.

Judgments cited: Rambridge v Secretary of State for the Environment [1997] JPL 171; Uttlesford DC v Secretary of State for the Environment [1992] JPL 171; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142

Read the decision letter on the Inspectorate’s site

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