# 9 Lyndhurst Road, Corringham (outbuilding as habitable space)

- **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
- **Tags:** tier-2, retrospective, outbuilding, pd-rights-condition-refused, transitional-no-consultation

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008878
- https://appeal-planning-decision.service.gov.uk/published-document/a90f3992-1ea3-4f2d-8cc0-c1bef770ca32

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008878.html

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