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A mother has successfully obtained the legal right to live in an annex adjacent to her son’s home, despite his opposition. Juliet Light sought recognition that the converted stable block on her farm in Llanvihangel Crucorney, Monmouthshire, had been her primary residence since December 2019, presenting utility bills to support her claim.
Her son, Gareth Rees, who resides next door, challenged this assertion. He contended that her main home was actually in Pandy and accused her of intending to sell the annex and the surrounding land. However, on 22 December, Monmouthshire council ruled in favor of Mrs Light, determining “on the balance of probabilities” that the legal right to occupy the annex could be granted.
The annex was originally subject to a planning condition established in 2011 that restricted its use to a secondary dwelling, such as a holiday let or an extension to the main home. While Mrs Light acknowledged her current use of the property violated this condition, she argued that since more than four years had passed without enforcement action from the council, this breach was now lawful.
Mr Rees maintained that his mother only lived in the annex continuously for eight months between December 2021 and September 2022 and alleged that she and her husband owned a different residence in Pandy. He further claimed that although she used the annex, she did not sleep there overnight. The council’s planning officer, Kate Bingham, noted that Mr Rees declined to provide an affidavit supporting his claims, leaving the council without evidence to dispute Mrs Light’s statutory declaration stating she had occupied the annex since December 2019. She concluded that, based on the information available, the annex had been occupied as a separate dwelling for more than four years. Additionally, the council confirmed that the properties are distinct, separated by fencing and with individual parking spaces, separate utility connections, separate council tax payments, and differing legal ownership
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