At a glance: Garden outbuilding with studio room, en-suite and kitchenette · City of Lincoln Council · Refused despite a near-identical approval a few doors away · Written representations appeal · Appeal allowed
Barry Kearns saw that a neighbour a few doors down had been granted planning permission for an outbuilding in his rear garden — a little studio room with an en-suite bathroom and a small kitchen area, used by the neighbour’s mother-in-law when she came to stay.
Barry applied for something very similar and was surprised when his application was refused.
Why the council refused it
The council’s concerns focused on the outbuilding itself — but the practical effect of the decision was that Barry was being refused something his neighbour had recently been allowed, on a similar plot in the same street.
What we argued
Consistency matters in planning. Councils are not strictly bound by their previous decisions, and ‘my neighbour has one’ is not by itself a winning argument — every site is different, and we say so to clients regularly. But where a council has recently approved a near-identical development a few doors away, it needs a convincing reason to refuse the next one. Our appeal showed that Barry’s outbuilding was modest in size and scale, tucked at the very end of the garden, similar to many other outbuildings in the area — and almost identical to the one the council had just approved. No convincing distinction existed.
What the inspector decided
The inspector found in our favour and allowed the appeal. We were not surprised: the council could not explain why two near-identical proposals deserved opposite decisions.
The lesson
A neighbour’s permission is not a guarantee — but a recent, comparable approval nearby is real evidence, and inconsistent decision-making is something inspectors take seriously. If the council has approved something similar to what it refused you, that comparison belongs at the heart of your appeal.
Refused an outbuilding or annexe? Get free initial advice from a chartered town planner — get in touch and we’ll tell you honestly whether your case is worth pursuing.