A mum has won the right to continue using an annexe next to her son’s house as her main home, despite his objections. Julie Light wanted to live in the converted stable block at the farm she owns in Llanvihangel Crucorney, Monmouthshire, claiming that it had been her primary residence since 2019.

Ms Light submitted utility bills as evidence that she had been living at the annexe since that time. The case arose after her son, Gareth Rees, who lives next door to the annexe, argued that his mother had lived elsewhere and was planning to sell the building and the surrounding land. On December 22, Monmouthshire County Council said that, “on the balance of probabilities”, Ms Light had demonstrated that the certificate could be lawfully granted.

In her application for a certificate of lawful development, Ms Light acknowledged that her use of the annexe did not comply with the original planning condition.

However, because the four-year period during which the council could have taken enforcement action had elapsed, the breach was considered lawful.

Mr Rees disputed his mother’s account, stating that the longest continuous period she lived in the annexe was eight months, between December 2021 and September 2022.

He described Mrs Light’s application as “incorrect and misleading”, claiming she and her husband had purchased a separate property in Pandy.

Mr Rees added that while his mother used the annexe, she did not stay there overnight.

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 into 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.