PROPOSALS for an outbuilding in the borough’s green belt failed to gain a lawful development certificate.
The determination was sought by Peter Gorman at Rose Cottage, Moor Lane, Hapsford.
Mr Gorman told planning officers at Cheshire West and Chester Council the single-storey detached new-build at the semi would contain a guest bedroom, an en suite, a home office and utility and garden rooms.
The issue, planners suggested, was whether the building could be considered to be permitted development.
A decision was needed as to whether it would be incidental to the occupation of the cottage.
They pointed it would include basic domestic living accommodation normally found in a house including the bedroom, en suite and garden room.
These could not be considered to be ‘incidental to the enjoyment of the dwelling’, they believed.
They also mentioned the size of the proposed outbuilding.
Planners referred to a court case in which it had been held that living space such as bedrooms would normally be expected to be part of the accommodation found in a house and were not incidental to it. They also felt the distance to the boundary would need to be confirmed.
Recommending the certificate be refused, they concluded the building would include accommodation that would normally be part of the main dwelling.
The council decided the new-build did not qualify as permitted development and refused the certificate.
