MKA Planning have successfully represented a private client in a Planning Enforcement Appeal for the alleged unauthorised change of use from domestic garage to separate living accommodation at lands at Whitepark Road, Bushmills.
However, the Commissioner considered no change of use to a separate unit of living accommodation had occurred because:-
- The Council had provided no evidence whatsoever to support its assertion that a material change of use to a separate unit of living accommodation had occurred.
- The building can only be accessed from the vehicular access for dwelling.
- Water and electricity was obtained from the primary dwelling at Whitepark Road. There are no separate utility meters.
- There was no separate postal address.
- There was no separate private amenity space, curtilage, car parking, turning area for the development separate from the primary dwelling.
- The appeal building is within the same residential curtilage. It is also within the same planning unit.
- The existing and proposed uses are residential, there is a dependency relationship between the primary dwelling and the annexe, there is no separate unit of living accommodation and no material change of use.
- The existing development is functionally and physically connected with the primary dwelling and has a dependency relationship with it.
- The appeal building is directly facing and in close proximity to the primary dwelling and could not function as a separate unit of accommodation.
Overall, the Commissioner was satisfied on the balance of probability that a separate unit of living accommodation was not in existence on the key date, but that living accommodation ancillary to the dwelling had been created. As such no material change of use had arisen within the planning unit.
If you have a similar planning issue or have recently received a Planning Enforcement contact Matt or one of the MKA Team at 028 71311551.