A note on the removal of ancillary occupation conditions

Readers might wish to be alerted to a recent appeal decision in which the inspector declined to remove an ancillary occupation condition on the basis that it would change the nature of the development (DCS Number 400-011-802).

Permission had been granted in 2005 for the conversion of a coach house in Devon to ancillary residential accommodation. As is usual, the permission carried a condition stating that the building should not be occupied other than for purposes ancillary to the residential use of the dwelling.

The inspector pointed out that the Planning Practice Guidance states that although a condition can be used to make a minor modification to a proposal, a condition that would make a development substantially different from that set out in the application should not be used. He reasoned that, by extension, this principle applies to a case where the removal of a condition would significantly change the nature of the development. The application had been made under section 73 of the 1990 Act and if he were to allow the appeal this would not lawfully amend the permission for the original development which would remain as conversion of the coach house to form ancillary residential accommodation. Accordingly, he concluded that the appeal must be dismissed.

The inspector explained that if the appellant wished to change the use of the ancillary accommodation to a separate dwelling, then it would be necessary to submit an application in these terms.

The following DCP chapter is relevant: 10.43

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