Our clients had obtained planning approval for a change of use of a garage into a Granny Annexe.

During the construction works the existing garage was demolished and the new annexe building was constructed in a different location to the approved drawings, meaning in effect all works were unlawful and no planning approval existed. The building also didn’t comply with several planning conditions including the limitation of the use of a Granny Annexe. We successfully argued, not only, for the retention of the unlawful building but to allow for the building to be allowed to continue to be a self-contained dwelling rather than annexe accommodation.

NB. A robust justification with appropriate evidence is required to prove “on the balance of probabilities”.