[2025] UKUT 00121 (LC)

The plan below shows the extent of land included within the title of the property, which the applicant purchased on 29 March 2001, together with other land also subject to the restriction and land retained by the objector. The property has vehicular access to the land at the rear, the first part of which is surfaced and shared with neighbours. The remainder is a grass track.

On 23 October 2000 the applicant obtained planning permission for the erection of two stables at the point marked X on the plan. The building I saw on my site inspection was built in a traditional style of red brick, under a hipped slate roof with an overhang supported on pillars. The front had three openings each with painted double timber doors.

In 2019 the applicant made his first application for planning permission to convert the outbuilding to a single storey dwelling, which was refused. An appeal of that refusal was dismissed on 13 March 2020. I have not seen details of the application or the appeal.

Planning permission was granted for the proposed development on 30 November 2022. The location of the proposed new dwelling, and separation of the property into two plots, is shown on the site plan below. The new dwelling at the rear would be accessed directly from Main Street along the existing track. The majority of the new dwelling’s plot, including the access track, sit in what was sold as Lot 1 but a small part sits in Lot 2 at the end of the garden of the property.