Today, we’re sharing a recent success story from HEAL Planning, where we helped our clients overturn a refusal from Guildford Borough Council.
Our clients, applied for a Certificate of Lawfulness under section 192 to build two outbuildings: a home office and a gym with a sauna for family use.
Guildford Borough Council refused the application, stating that the proposed outbuildings would be situated forward of the principal elevation of the original house. Because of this, the council said the development was not permitted.
The clients reached out to HEAL Planning and booked a free, no-obligation consultation with one of our specialist planning appeal assessment officers. After reviewing the case, it was clear the refusal was based on an incorrect interpretation of the house’s principal elevation.
We then provided a detailed written proposal so the clients could make a fully informed decision to proceed with an appeal.
The appeal was submitted to the Planning Inspectorate, the government body responsible for planning appeals in England. The Inspector visited the site on April 8th to assess the property and surroundings.
The main issue was determining which side of the house is the original principal elevation. The council considered the southern side facing the garden as the principal elevation, meaning the outbuildings were forward of it and thus not permitted.
However, evidence showed that the north elevation, was the original principal front with the main door and historic access.
The Inspector agreed with the appellant, noting that the north side is the true principal elevation, and the outbuildings would not be forward of it. This meant the proposal complied with permitted development rules.
The council’s refusal was found to be without sufficient evidence, and the appeal was allowed.
On April 22nd, the Planning Inspectorate issued a certificate granting lawful use for the two outbuildings. This means the clients can now build their home office and gym without needing full planning permission.
This case highlights the value of expert advice when facing planning refusals, especially on complex lawful development matters.
HEAL Planning are one of the UK’s leading planning appeal specialists. We produce bespoke appeals tailored to the specific refusal reasons, local and national policies, and precedent.
If you have received a planning refusal or want to check if your project qualifies for permitted development, contact our expert team for a free, no-obligation consultation.
Lawful Development Certificate Appeal Win for Home Office & Gym Permitted Development Rights
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