Mum wins right to use annex next to son’s home despite his objection

Twm Owen – Local democracy reporter

A mum has won the right to continue using an annex next to her son’s house as her main home – despite his objection.

Juliet Light provided information to her local council to support her claim she has been using the converted stable block at the farm she owns as her main home since December 2019.

But this was disputed by her son, Gareth Rees, who said his mother’s main residence is in fact in a nearby village.

He claimed the longest continuous period she had ever lived in the annex, which under a planning condition must remain as “ancillary” to his home on the farm at Llanvihangel Crucorney, was just eight months from December 2021 to September 2022.

Ms Light had asked Monmouthshire County Council to issue her a certificate of lawful development as she said though she accepted her use of the converted stable block was at odds with the original planning condition, the four-year period in which the council could take enforcement action had passed.

As a result the breach of planning permission can be deemed lawful.

Her application stressed the council would require supporting evidence to challenge her claim the breach could be considered lawful, though the onus is on applicant to demonstrate, on the balance of probabilities, the lawfulness of the breach of planning control.

Monmouthshire council planning officer Kate Bingham, who had to settle the dispute between the mother and son, said on the balance of probabilities Ms Light had demonstrated the certificate could be granted.

She said Ms Light had provided a statutory declaration stating she’d moved in to the converted stable block in December 2019 with no connection to the main home “despite the occupier of that dwelling being the applicant’s son”.

It also confirmed the gardens of the two properties were physically separated with a fence being erected and a separate parking area provided in 2020.

Ms Bingham said the fence and parking areas appear to be shown on an aerial photograph from 2021 but not in 2018, though there was no photography from 2020.

The stable block also has a separate water and electricity connection to the main home and the council tax department confirmed the two properties pay separate council tax and are under separate legal ownership.

Ms Bingham’s report said the son, as the occupier of the main property, hadn’t wanted to make an affidavit in support of his claims disputing the contents of his mother’s statutory declaration.

Her report also said a neighbour’s comment, submitted to the planning department, disputing anyone had lived at the property for four years other than for “odd months”, was “difficult to corroborate” as no address had been provided.

Ms Light has been granted the certificate of lawful development with Ms Bingham’s report stating: “The planning authority has no evidence to contradict the statutory declaration and evidence provided by the applicant. Therefore, on the balance of probability, it is concluded the building has been continually occupied for at least four years as a separate dwelling.”