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