Demolition of existing garage outbuilding and replacement with single- storey ground-floor outbuilding for use as a granny annex

📊

See the success rate & inspector analytics

Free to view — just create an account, no payment needed.

Sign Up Free

Technical Issues Heatmap

Parking Provision
Residential Amenity
Character & Appearance

Inspector’s Reasoning

Appeal Decision Site visit made on 3 June 2026 by B J Sims BSc (Hons) CEng MICE MRTPI an Inspector appointed by the Secretary of State Decision date: 08 June 2026 Appeal Ref: 6009364 19 St Andrews Grove, Hackney, London, N16 5NF • 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 S Stauber against the decision of Hackney Council. • The application Ref is 2025/2671. • The development proposed is demolition of existing garage outbuilding and replacement with single- storey ground-floor outbuilding for use as a granny annex. Decision 1. The appeal is allowed and planning permission is granted for demolition of existing garage outbuilding and replacement with single-storey ground-floor outbuilding for use as a granny annex at 19 St Andrews Grove, Hackney, London, N16 5NF, in accordance with the terms of the application, Ref 2025/2671, and 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 shall be carried out only in accordance with following approved drawings and any subsequently approved details: EX-L001 A, EX-P001 A, P002A, P003A, P004A, EX-001 A, EX-002A, EX-003A, S001 A, PR-L001A, PR-P001 A, P002 A, P003A, P004A, PR-E001A, PR-E002A, PR-E003A, S001A, PR001A. 3) Full details of the materials to be used on the external surfaces of the building, including glazing, shall be submitted to and approved by the Local Planning Authority in writing before the relevant work commences. The development shall be carried out only in accordance with the details approved. 4) Full details of the sustainable drainage of the proposed building shall be submitted to and approved by the Local Planning Authority in writing before the relevant work commences. The development shall be carried out only in accordance with the details approved. 5) The annex hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as 19 St Andrews Grove, Hackney N16 5NF. Appeal Decision 6009364 2 Application for Costs 2. An application for costs was made by Mr S Stauber against Hackney Council, and this is the subject of a separate Decision. Preliminary Matter 3. The application describes the proposed built development as a ‘replacement single- storey outbuilding for use as a granny annexe’. However, the Council simply describe it as a ‘replacement single-storey outbuilding to end of garden’ and regard it as amounting to a separate dwelling. However, the proposal is clearly for ancillary residential accommodation, and I consider it as such. Main Issues 4. I consider the main issues to be: i. the effects the proposed replacement outbuilding would have on the character and appearance of the appeal property at No 19 St Andrews Grove and the wider surrounding area; ii. the quality of the living accommodation that would be provided and the residential amenity of occupiers and neighbours; and iii. whether the proposed annexe would have a truly ancillary relationship to the main dwelling. 5. It is also necessary to consider the need for a legal agreement regarding car parking. Reasons Character and Appearance 6. The proposed annex would enlarge the group of outbuildings at the rear of St Andrews Grove by some 48sqm and commensurately reduce the area of private garden at the appeal property. However, the single-storey building would be recessive in appearance due to its simple lines and flat roof, whilst the remaining private garden would continue to provide a significant degree of openness. 7. Notably, there is an existing dwelling set back across the shared rear access track. In context, I do not consider that the proposed built development would alter the overall character or appearance of the immediate locality in any harmful way. Quality of Accommodation and Residential Amenity 8. I consider that the proposed building would provide an amount and quality of modest accommodation suitable to a granny annex. 9. There is no evidence that, when occupied ancillary to the main dwelling within a single household, as proposed, that the annex would give rise to, or suffer from, any harm to residential amenity affecting occupiers either of the granny annex itself or of the closely neighbouring gardens and dwellings. Appeal Decision 6009364 3 Relationship to the Main Dwelling 10. Being of single-storey construction and extending to no more than 59sqm in area, the annex would appear modest in itself and subordinate to the main two-storey host dwelling, to which it would enjoy a visually close spatial relationship across a shared private garden. 11. The annex would have no separate entrance whilst access to the proposed accommodation would be shared with the existing house, which occupies the full width of the street frontage. 12. As found above, the type and amount of accommodation proposed appears consistent with the degree of independent living to be expected in a granny annex. 13. A suggestion by the Council that the annex in this case could be let as a separate dwelling, such as via Airbnb, appears speculative and I give it little planning weight. 14. I consider that, properly judged on the circumstances of the case in terms of fact and degree, as required in law, the proposed granny annex would have a truly ancillary relationship to the main dwelling within a single planning unit. Car Parking 15. The third reason for refusal alleges that the proposed development would be likely to exacerbate existing parking stress and congestion in the absence of a legal agreement restricting occupiers from obtaining parking permits within the local Controlled Parking Zone. 16. I do not consider that, as merely small-scale ancillary accommodation within the existing residential planning unit, the proposed development would be likely to generate significant additional on-street parking demand. I therefore find that a legal agreement in this connection is not necessary. Conditions 17. As well as standard conditions regarding time for commencement, compliance with approved drawings and approval of finishing materials, a further requirement is appropriate for advance approval of details to ensure the sustainable drainage of the annex and in support of biodiversity, based on that suggested without prejudice by the Council. 18. I also consider it appropriate expressly to limit the annex to use only in conjunction with the occupation of the main dwelling. Although neither party specifically suggests such a condition, its imposition flows naturally from the description of the development and the written representations to the appeal. 19. However, I do not consider further suggested conditions on energy consumption, cycle parking or waste management to be necessary for an ancillary annex within the same planning unit as the existing dwelling. Conclusions 20. For the foregoing reasons, I find that the proposed granny annex would comply with the relevant development plan policies, specifically LP1, LP2 and LP17 of the Hackney Borough Local Plan and D3, D4 and D6 of the London Plan, regarding Appeal Decision 6009364 4 design and amenity. Similarly, it would not harm the aims of LP43 and LP45 of the HBLP or T4 and T6 of the London Plan, with respect to transport and car parking. 21. On consideration of every matter raised in the written representations for or against the proposed development, I reach the overall conclusion that this appeal should be allowed, subject to the conditions set out above. B J Sims INSPECTOR
£ Costs decision section
Costs Decision Site visit made on 3 June 2026 by B J Sims BSc (Hons) CEng MICE MRTPI an Inspector appointed by the Secretary of State Decision date: 08 June 2026 Costs application in relation to Appeal Ref: 6009364 19 St Andrews Grove, Hackney, London, N16 5NF • The application is made under the Town and Country Planning Act 1990 (as amended), sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5). • The application is made by Mr S Stauber for a full award of costs against Hackney Council. • The appeal was against the refusal of an application for demolition of existing garage and replacement with single-storey ground-floor outbuilding for use as a granny annex. Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance advises that costs may be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3. The application and therefore the appeal were for an annex for use as a granny flat and thus clearly for residential accommodation ancillary to the main dwelling at the appeal property, within the same planning unit. Yet the Council described the proposal as merely for an outbuilding but assessed it against policies applicable to a separate new dwelling and conflated this with consideration of the relationship of the proposed annex to the main dwelling. 4. The planning authority thus refused the application and defended the appeal partly on spurious policy grounds, giving weight to matters not relevant to ancillary accommodation. 5. Irrespective of whether the application might properly have been refused when judged on the proper basis, this confused approach amounted to unreasonable conduct on the part of the Council which is not to be condoned. 6. However, there remains the question of whether in practice this unreasonable conduct thereby caused the Applicant for costs to incur unnecessary or wasted expense at appeal. 7. According to established law, the application and appeal turned in large part on whether, as a matter of fact and degree, the proposed annex would be truly ancillary to the main dwelling, as well as its practical planning impacts on its surroundings, its occupiers and neighbours. Notwithstanding the success of the appeal, the Council was entitled to its judgements in these respects at the application stage and its reasoning on the relevant issues is discernible from the Costs Decision 6009364 2 written representations. On that basis, there is nothing to suggest that the appeal was unnecessary or involved wasted expense on the part of the Applicant. 8. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated. B J Sims INSPECTOR
Expert Representation

Don't leave your appeal to chance.

Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.

Get Free Review How it works →