Washroom linked to the adjacent building sanctioned

A planning application concerning “proposed alterations to an existing farmhouse including excavation of basement, utilisation of roofed over foundations, replacement of dangerous ceiling and sanctioning of washroom as built” was initially turned down by the Environment and Planning Commission after it held that the washroom and stairwell at roof level (having a combined area of 50 square metres)  have resulted in an increase in the total floor space of the residence which exceeds the maximum allowable area stipulated in criterion (ii) of the North West Local Plan policy NWRS 3 (namely 200 square metres).

Washroom linked with adjacent building so that the area of the underlying farmhouse does not exceed the maximum allowed by policy

In reaction, the applicant appealed the decision before the Environment and Planning Tribunal, insisting inter alia that, in this case, the gross floor area amounts to 216 square metres – in detail, the area at ground floor level is equivalent to 165 square metes while the aggregate stairwell and washroom floor area amounts to 51 square metres.

Applicant went on to argue that Policy NWRS 3 of the North West Local Plan recommends a maximum gross floor space of 200 square metres (spread on two floors) and an additional 20 square metres are further allowed for structures at roof level. Applicant therefore concluded that a combined floor space of 220 square metres may be permitted.

But even so, applicant pointed out that approximately 50% of the ground floor should be considered to be a semi basement due to the site topography, in consequence to which the washroom is visually perceived as being located at first floor level.

On his part, MEPA’s case officer reiterated that the proposed total dwelling floor space exceeds by far the permitted maximum specified in policy NWRS 3 (namely, 200 square metres), adding that in this case the washroom (to be sanctioned) has an area of 50 square metres while criterion (v) of policy NWRS 3 specifies that washrooms in rural settlements may not exceed a maximum floor space of 20 square metres.

In its assessment, the tribunal agreed with the authority in that the washroom under examination could not be sanctioned due to its large footprint. Nevertheless, the tribunal noted that the washroom is linked to the adjacent building, to which end it ordered MEPA to issue the permit on condition that such access remains unaltered and that no new access is created linking the washroom under issue and the underlying farmhouse. In that way, one cannot allege that the area of the farmhouse exceeds the maximum allowed by current policy. 

Robert Musumeci is an architect who also pursued a degree in law

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