- Decision
- allowed, 29 September 2026
- Decided by
- Planning Inspector: John Pearce
- Authority
- Harlow (East of England)
- Appeal reference
- 6007590
- Application reference
- HW/FUL/25/00481
- Procedure
- written representations
- Development
- Change of use of a residential annex (a Grade II listed outbuilding) to mixed use as annex for six months and short-term holiday let for the rest of the year
- Site context
- inside settlement, listed building setting
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6)
- Development plan policies
- Harlow Local Development Plan 2020 H7, ED4
- Main issues
- suitability of location having regard to development plan policy
Summary
A listed outbuilding with permission as an annex was allowed to be used as a holiday let for up to six months a year. This conflicted with the local annex policy, but conditions kept it tied to the house, so the harm was minor. With no physical works there was no heritage harm. The letter decided the appeal on the development plan and the Framework's heritage policies only, without an S4 step. Allowed.
Issues and findings
- Transition. "the parties have been provided with an opportunity to comment on the revised Framework" (DL ¶2).
- Annex policy H7: minor CONFLICT. "whilst the proposal would not fully accord with Policy H7, the degree of conflict would be limited" (DL ¶7).
- Heritage: NO HARM. HE4 and HE6 are quoted (DL ¶12). "Given the lack of physical alterations and the retained association of the outbuilding with No 42, the proposal would not harm the significance of either heritage asset" (DL ¶14). Benefit to upkeep "carries limited weight" as unevidenced (DL ¶14).
Planning balance
Plan-led. "the considerations set out above outweigh the minor conflict with Policy H7 for this specific proposal" (DL ¶15). The Framework appears only on heritage; S3 and S4 are not mentioned.
What made the difference
Conditions. Capping the holiday use and tying management to the owners meant the annex could not become a separate dwelling, which was the point of H7.
Transferable points
- A change of use with no physical works to a listed building causes no harm to significance where the functional link with the principal building is kept (DL ¶14).
- Maintenance benefits from more regular use of a listed building carry limited weight without evidence of its condition and costs (DL ¶14).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| LP H7 (local) | conflict | holiday let lacks functional dependence on the principal dwelling; conflict limited and harm "minor" because conditions stop a self-contained dwelling (DL 6-9) | |
| HE6(1) | neutral | substantial | HE4 and HE6 quoted with s66(1); no physical works, so no harm to the Grade II outbuilding or Grade II house; more regular use and heating may help upkeep, limited weight as unevidenced (DL 11-14) |
| s38(6) | pass | underused building brought into use, limited tourism benefit and limited heritage upkeep benefit outweigh minor H7 conflict; no S3/S4 step run (DL 10, 14-15) |
Key facts
- Outbuilding is Grade II listed (List Entry 1111661); the principal dwelling is also Grade II (1111660) (DL 11)
- Conditions cap holiday use at six months a year, two adults or one household, 14 days per stay, run by the owners with a guest register (Schedule 3-6)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.