Proposed roof extension and front and rear dormers
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Green Belt Policy
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 January 2017
by Christa Masters MA (hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 31 January 2017
Appeal Ref: APP/T0355/D/16/3164115
18 Kingswood Creek, Wraysbury, Staines TW19 5EN
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 Hothi Design Build against the decision of Council of the Royal
Borough of Windsor and Maidenhead.
The application Ref 16/02695, dated 16 August 2016, was refused by notice dated 8
November 2016.
The development is proposed roof extension and front and rear dormers.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Hothi Design Build against the decision of
Council of the Royal Borough of Windsor and Maidenhead. This application is
the subject of a separate decision.
Main Issues
3. The appeal site lies within the Green Belt. The main issues are therefore:
Whether the proposal would be inappropriate development for the purposes of
development plan policy and the National Planning Policy Framework;
The effect of the proposal on the openness of the Green Belt;
If the development would be inappropriate, whether the harm by reason of
inappropriateness, and any other harm, is clearly outweighed by other
considerations, as to amount to very special circumstances necessary to justify
it.
Reasons
Whether inappropriate development?
4. The appeal site comprises a detached residential dwelling. The property is set
on a private road and extends almost the full width of the plot. The host
property and surrounding dwellings are all set in similar sized plots.
5. The Framework identifies that new buildings within the Green Belt are
inappropriate unless, amongst other things, it involves the extension of a
building. This is provided that it does not result in disproportionate additions
over and above the size of the original building.
Appeal Decision APP/T0355/D/16/3164115
2
6. Policy GB4 of the Windsor and Maidenhead Local Plan (LP) 2003 advises that
the Council will only approve proposals for the extension of an existing dwelling
where it would not cause a disproportionate addition over and above the size of
the original dwelling. The supporting text to the policy goes onto note that
floorspace will be a guiding factor, as well as the bulk and scale of the proposal
and their effect on openness.
7. The officers report advises that the original property has a floorspace of
178m2. The report goes onto note that planning permission has recently been
granted for an extension which would see the floorspace increase by 42% when
compared to the size of the original dwelling. The proposal before me would
add a further 80m2 of floorspace. This would represent an 87% increase in
floorspace when compared to the size of the original dwelling.
8. When compared to the size of the original dwelling house, the proposal would
in my view represent a disproportionate addition in both scale and bulk to the
host property. It would by definition result in development which would be
inappropriate and thus harmful to the Green Belt. For these reasons, I
conclude the proposal would therefore be contrary to policy GB4 of the LP as
well as paragraphs 88 and 89 of the Framework.
Effect on Openness
9. The Framework makes it clear that one of the essential characteristics of Green
Belt is their openness. The proposed roof extension and dormers would
significantly increase the bulk and mass of the dwelling. This increase in the
bulk and massing of the property would be particularly evident from both the
front and rear elevations as shown by drawing PA2/PP/2632-05.
10. As a result, I therefore conclude the proposal would be in conflict with policy
GB2 (A) of the LP as it would have a greater impact on the openness of the
Green Belt than the existing development. Furthermore, it would also conflict
with paragraphs 88 and 89 of the Framework.
Other Considerations
11. The appellant has made reference to other properties along Kingswood Creek.
From my site visit, I was able to see that there are a number of existing roof
dormers in the area. This matter constitutes a reason to conclude the
development would not cause harm to the character and appearance of the
Green Belt. Whilst this may be the case, it does not represent a benefit to
weigh in favour of the development.
12. I have taken the above matter into account. However, I do not find that there
are any issues either collectively or individually which would clearly outweigh
the harm that would be caused to the Green Belt by reason of
inappropriateness and loss of openness. Consequently, no very special
circumstances exist to justify allowing the development.
Conclusion
13. For these reasons, I conclude the appeal should be dismissed.
C Masters
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 23 January 2017
by Christa Masters MA (hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 31st January 2017
Costs application in relation to Appeal Ref: APP/T0355/D/16/3164115
18 Kingswood Creek, Wraysbury, Staines TW19 5EN
The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
The application is made by Hothi Design Build for a full award of costs against Council of
the Royal Borough of Windsor and Maidenhead.
The appeal was against the refusal of planning permission for proposed roof extension
and front and rear dormers.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance (PPG) advises that costs may be awarded
against a party who has behaved unreasonably and directly caused another
party to incur unnecessary or wasted expense in the appeal process.
3. The appellants application for an award of costs relies substantially on the fact
that they do not consider that the Council have behaved in a positive manner.
However, dissatisfaction with the Council’s procedural policies should
appropriately be made in the first instance through the authority’s own
complaints procedure. The appellant also contends the reason for refusal is
erroneous. However based on the evidence before me, I am satisfied that the
reason for refusal is precise and clear. Accordingly, unreasonable behaviour
has not been demonstrated in this regard.
4. In conclusion, I do not consider the Council has behaved unreasonably and I
therefore find that unreasonable behaviour resulting in unnecessary or wasted
expense, as described by the PPG, has not been demonstrated.
Christa Masters
INSPECTOR
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