- Decision
- allowed, 28 August 2026
- Decided by
- Planning Inspector: S F Barnes
- Authority
- Thurrock (East of England)
- Appeal reference
- 6008878
- Application reference
- 25/00922/FUL
- Procedure
- written representations
- Development
- Retrospective use of a rear-garden outbuilding as habitable space (lounge, utility, bedroom with en-suite)
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6), DM10
- Development plan policies
- Thurrock Core Strategy 2015 PMD2, PMD8, PMD9, Residential Alterations and Extensions SPD 2017
- Main issues
- whether a separate dwelling
Summary
A converted garden outbuilding with a bedroom and en-suite but no kitchen was allowed as habitable space ancillary to the house. Without food-preparation facilities, and with shared services and address, it would not function as a separate dwelling (DL ¶10-13). A condition removing permitted development rights was refused under the Framework's clear-justification test (DL ¶18).
What made the difference
There were no cooking facilities, and the outbuilding depended physically on the main house's kitchen across the shared garden (DL ¶10-11).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM10 | accord | removal of PD rights refused - no clear justification (DL 18) | |
| DM6 | accord | occupancy and no-subdivision conditions unnecessary (DL 16-17) |
Key facts
- No cooking facilities; shares address, utilities and waste with the main house, so it is not a separate dwelling (DL 10-11)
- Revised Framework "not material to the outcome"; no comments sought (DL 4)
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.