1) Remodelling and enhancement of the front entrance canopy to a oak framed canopy with oak columns. 2) Demolition of the existing garag e; the addition of a large side extension on ground and first floor level. The roof will pitch in a similar front to back fashion as per the existing. There will be a small annex area to the side of the extension to mirror the existing annex and bring symmetry and balance to the front and rear facades. The materials will be new render and hung tiles to match
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Green Belt Policy
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 October 2016
By Lynne Evans BA MA MRTPI MRICS
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 25 October 2016
Appeal Ref: APP/R3650/D/16/3155132
Twin Oaks, Stroud Lane, Shamley Lane, Guildford GU5 0ST
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Mr Robert Frost against the decision of
Waverley Borough Council.
The application Ref: WA/2016/0910 dated 25 April 2016, was refused by notice dated
5 July 2016.
The development proposed is 1) Remodelling and enhancement of the front entrance
canopy to a oak framed canopy with oak columns. 2) Demolition of the existing garag e;
the addition of a large side extension on ground and first floor level. The roof will pitch
in a similar front to back fashion as per the existing. There will be a small annex area to
the side of the extension to mirror the existing annex and bring symmetry and balance
to the front and rear facades. The materials will be new render and hung tiles to match
the existing, with the roof and dormer in new clay tiles. 3) A single storey side
extension addition to the existing utility room, the materials will be new render and new
clay tiles to match existing. 4) A single storey glazed rear extension addition. This
extension will be constructed in exposed timber framework (oak) with a flat roof. The
rear extension is 2.5 m in length. 5) The existing windows will be removed and
replaced with timber framed casements. 6) The existing roof will be re-tiled with
Rosemary clay tiles (existing concrete tiles will be removed). The timber clad dormers
will be reclad with hung tiles.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this appeal are:
a) Whether the proposed development would be inappropriate development
in the Green Belt having regard to the National Planning Policy
Framework and any relevant development plan policies;
b) Its effect on the openness of the Green Belt and any other harm, with
particular regard to the Surrey Hills Area of Outstanding Natural Beauty
and Area of Great Landscape Value,
c) Other considerations; and
Appeal Decision APP/R3650/D/16/3155132
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d) Whether the harm by reason of inappropriateness, and any other harm,
is clearly outweighed by other considerations. If so, would this amount to
the very special circumstances required to justify the proposal.
Reasons
Issue a) Inappropriate development
3. The appeal property is a detached property on the east side of Stroud Lane,
which is characterised by isolated and small groupings of individually designed
detached properties set on a range of plot sizes, sited amongst open fields and
woodland. The appeal site and local area are within the Green Belt, the Surrey
Hills Area of Outstanding Natural Beauty (AONB) and Area of Great Landscape
Value (AGLV).
4. The National Planning Policy Framework (Framework) sets out the government’s
planning policies to secure sustainable development. One of its core planning
principles at Paragraph 17, as amplified later in the Framework, includes
protecting the Green Belts. Paragraph 87 confirms that inappropriate
development is by definition harmful to the Green Belt and should not be
approved except in very special circumstances. Paragraph 89 sets out that the
construction of new buildings is inappropriate except for a limited number of
exceptions including the extension or alteration of a building providing that it
does not result in disproportionate additions over and above the size of the
original building. The Framework does not define further the term
‘disproportionate’.
5. The Council’s refusal notice also refers to Policies C1 and RD2 of the adopted
Waverley Borough Local Plan 2002 (Local Plan). I have noted the date of the
Local Plan but in so far as the policies are consistent with the Framework, I
have taken them into account. Policy C1 refers to a general presumption against
inappropriate development within the Green Belt and in respect of residential
extensions, cross refers to Policy RD2. Policy RD2 relates to extensions to
dwellings within the countryside including within the Green Belt and sets out a
criteria based approach, including that extensions will be permitted which do
not result in disproportionate additions over and above the size of the original
dwelling. The supporting text sets out guidance on how the Council will consider
this matter and indicates that a proposal which individually or cumulatively
increases the floorspace of the original dwelling (defined as it existed on 31
December 1968, when the Policy was first introduced) by more than 40% will
be unlikely to satisfy the requirement relating to disproportionate additions.
6. The Council’s assessment indicates that the proposed extensions taken together
with previous extensions would cumulatively add more than 210 sqm to the
original floorspace , which it has calculated to be approximately 135 sqm. The
Appellant’s calculations are not directly comparable and appear to compare both
the ratio of built area to the overall site area and also to compare the proposed
with the existing situation, rather than with the original building, which is the
basis of the relevant consideration for the purposes of the Framework and the
development plan. In addition to the absolute increase in floorspace and scale
of development, the proposal would, in my view, add significantly to the bulk
and massing of built development, particularly with the very large side
Appeal Decision APP/R3650/D/16/3155132
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extension in place of the detached garage, resulting in a more visually dominant
building.
7. Taking all these matters together, I have no doubt that the proposed extension
would be a disproportionate addition over and above the size of the original
dwelling and so would be inappropriate development for the purposes of the
Framework as well as Policies C1 and RD2 of the Local Plan.
Issue b) Openness and any other Harm
8. Inappropriate development is, by definition, harmful to the Green Belt, as set
out within the Framework, and in accordance with that guidance, I therefore
attach substantial weight to this harm. I have also considered whether there is
any other harm.
9. The addition of further built development on the site, with the consequent
increase in the overall bulk and massing of the property, would inevitably lead
to some reduction in openness, which is the essential attribute of the Green
Belt. This harm to openness would therefore add to the harm I have already
concluded.
10.I also share the Council’s comcerns that the increased bulk and massing,
particularly from the very large side extension to replace the existing smaller
and detached garage would result in a more visually imposing and intrusive
building that woud be over dominant in the local context. I therefore conclude
that it would not conserve the landscape and scenic beauty of the AONB and
would not contribute to and enhance the local environment by protecting and
enhancing the distinctive landscape of the AGLV. It would therefore conflict with
the Framework and Policy C3 of the Local Plan, all of which seek to protect
valued landscapes.
Issue c) Other Considerations
11.I have sympathy with the family related reasons for seeking the extensions and
alterations to the existing property. However, the impact of the proposal on the
Green Belt would remain long after the personal circumstances referred to have
ceased to be material. I can therefore only give limited weight to this argument
in support of the proposal.
12.I agree that the design of the extension and alterations and the proposed
materials to be used across the extension as well as the existing property would
be of high quality but this adds only modest weight in favour of the proposals.
13. The absence of harm to interests of ecological importance and the retention of
existing trees is welcomed but does not in my view add weight in favour of the
proposals.
14.I have taken into account the suggested conditions proposed by the Appellant
which I agree would be appropriate to impose in the event of planning
permission being granted. However, the offer of such conditions does not add
weight in favour of the scheme proposals.
15.I have noted the letter of support from a neighbour, subject to requesting
conditons regarding the protection of existing planting. Although I have noted
that there were no objections from neighbours, the proposals did receive an
Appeal Decision APP/R3650/D/16/3155132
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objection from the Parish Council. I do not therefore consider that any weight in
favour of the proposals results from this matter.
16.The fact that the existing property is smaller than some of the surrounding
properties does not, in my view, indicate that the proposals should be
permitted. There are a range of house sizes in the vicinity of the appeal
property which adds to the character of the local area. Moreover each proposal
must be judged on its individual merits. No weight in favour of the proposal is
therefore added in this regard.
Issue d) Balancing of Considerations and whether very special
circumstances exist.
17.I have already found that substantial weight must be given to the harm to the
Green Belt by reason of the inappropriateness of the proposed development.
The harm from loss of openness and the harm to the AONB and AGLV adds to
the harm by reason of inappropriateness. The totality of the harm I have
concluded is clearly not outweighed by the other considerations. I do not find
that the very special circumstances required to justify the proposed
development exist.
Conclusion
18.For the reasons given above and having regard to all other matters raised
including the representations received, I conclude that the appeal should be
dismissed.
L J Evans
INSPECTOR
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