Conversion of existing out building (pool building) to annex ancillary to main house

Appeal Decision Site visit made on 8 April 2026 by Jonathan Price BA(Hons) DipTP DMS MRTPI an Inspector appointed by the Secretary of State Decision date:20 April 2026 Appeal Ref: 6003323 Thorpe Green Farm, Colchester Road, Thorpe-le-Soken, Essex CO16 0AB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr and Mrs Norman Jones against the decision of Tendring District Council. • The application Ref is 25/01255/FULHH. • The development proposed is conversion of existing out building (pool building) to annex ancillary to main house. Decision 1. The appeal is allowed and planning permission is granted for conversion of existing out building (pool building) to annex ancillary to main house at Thorpe Green Farm, Colchester Road, Thorpe le Soken, Essex CO16 0AB in accordance with the terms of the application Ref 25/01255/FULHH, subject to the following conditions: 1. The development hereby permitted shall begin not later than three years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with site plan received 27.08.2025, block plan received 20.08.2025 and existing and proposed floor plan and elevations (drawing ref. JTGF-04) received 27.08.25. 3. The conversion of existing out building (pool building) hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Thorpe Green Farm, Colchester Road, Thorpe le Soken, Essex CO16 0AB. Main Issue 2. Whether the proposal complies with development plan policy in respect of its nature and location. Reasons 3. Thorpe Green Farm is a large, detached house at the western end of the built-up extent of Thorpe-le-Soken. The site lies outside the settlement boundary defined in the Section 1 and 2 Tendring District Local Plan 2013-33 and Beyond1 (DLP). The appeal site is to the rear of the main property and between another detached house, Laurel Cottage, and a former side garden plot where a new dwelling is 1 Adopted January 2021 and January 2022, respectively. Appeal Decision 6003323 2 about to be built. The proposal relates to a disused swimming pool building approved originally for Laurel Cottage but now on land owned as part of Thorpe Green Farm. The swimming pool building occupies an area served by its own access running between fenced boundaries and leading off a shared entrance from Colchester Road. The land including the swimming pool building lies beyond the rear back garden fence to the main house at Thorpe Green Farm, although there is a connecting pedestrian gate. 4. The proposal would provide accommodation amounting to a small bungalow in scale, providing a kitchen cum living/dining area, a shower room and two modestly sized bedrooms. This accommodation, with its own vehicular access and in a separately defined plot, would be amenable to use as an independent dwelling, as the appellant has acknowledged. Although the site is within a housing group at one end of the village, being outside the settlement boundary a new independent dwelling here would not gain support from DLP policies SP3 and SPL1. However, that is not the proposal before me, which is for an ancillary annex to the existing house. It is required specifically to accommodate an elderly family member with caring and supervisory needs. The parties have not drawn my attention to any DLP policy in respect of such annexe accommodation. Therefore, as proposed, the nature and location of this proposal gives rise to no material conflict with the development plan. 5. Although the proposed annex would lie in a backland position relative to the host dwelling, the adjacent house plot and Laurel Cottage, there is no strongly linear character to the development in this location. Given this scheme is the conversion of an existing building not comprising a visually prominent feature in the local street scene, there would be no material harm to the character and appearance of the area. The scale and position of this proposal would maintain local character and relate well to its surroundings, raising no conflict with DLP Policy SPL3. Conclusion 6. The proposal complies with development plan policy in respect of its nature and location. There would be social benefits in providing annexe accommodation for a dependent family member, which weighs in favour of approval. However, because the existing building lies some distance beyond the garden of Thorpe Green Farm, with its own well-defined plot and access, I accept it could readily provide independent accommodation. In such circumstances, and as suggested by both main parties, a condition securing ancillary occupation is justified. Subject to this, and the usual conditions applying a three year time limit for commencement and specifying the approved plans, I conclude the appeal succeeds. Jonathan Price INSPECTOR