Rear extension and improvement
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 March 2017
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 15 March 2017
Appeal Ref: APP/U1105/D/16/3167432
3 Manleys Lane, Dunkeswell, Honiton EX14 4XQ
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 Simon Fleet against the decision of East Devon District
Council.
The application, Ref. 16/1956/FUL, dated 31 August 2016, was refused by notice dated
15 November 2016.
The development proposed is a rear extension and improvement.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is whether the proposal would preserve or enhance the
character or appearance of the Dunkeswell Conservation Area.
Reasons
3. The Design and Access Statement explains the rationale behind the appeal
scheme. Essentially this is that the proposal would address the parking
difficulties and hazards of the vehicular access to the property, whilst at the
same time improving its accommodation and living conditions.
4. I acknowledge the benefits of the proposal and these are matters that have to
be weighed against the Council’s reasons for refusal. However, I need in
particular to evaluate whether the requirements for the combination of
garaging, parking and turning on the one hand and additional living
accommodation on the other have been given a priority that to all intents and
purposes excludes consideration of the constraints of the original building and
its site on the potential for further development.
5. As the officer’s report explains, these constraints originally influenced key inputs
to the design and layout of Nos. 1, 2 & 3 such as the density of the
development, the principal elevation facing the road, and other than the
garages the proximity of the built form to the road. The steep slope of the land
towards Manleys Road would have been a factor in the choices made, but so
would have been an objective to create a linear development broadly in keeping
with the older dwellings on the opposite side of the main road.
Appeal Decision APP/U1105/D/16/3167432
2
6. The Council has indicated that the depth of the buildings was the only failing in
the original concept, but that following the subsequent designation of the
conservation area almost a decade later there remains a need for new
development to safeguard the positive contribution the houses make to the
character and appearance of this part of the village.
7. In this regard I consider that an extension at a right angle to the main dwelling
over 13 metres in depth, much of it at two-storey height, would be too large
and bulky. The perpendicular arrangement and elongated form would mean
that the addition would visually compete with the host building rather than
result in a level of subservience that would ensure its satisfactory integration.
The development may well be visible in some views from Manleys Lane and with
the demolition of the existing garage almost certainly from the main road.
8. I additionally have reservations on its detailed design, with the smaller element
closest to the house somewhat incongruous and the integrated garages out of
keeping with the more traditional and rural character sought in the original
development. Because of its large scale the extension would be insufficiently
subservient to the host dwelling despite the varied ridge line and lower eaves,
and together with the use of more of the garden for the extended access there
would be a perception of too much development on a site already constrained
by its land levels.
9. The grounds of appeal refer to the Conservation Area Management Plan, which
seeks to restrict the footprint depth for two storey buildings to 5m, but despite
the claim in the grounds of appeal, I cannot see why this applies in this case to
negate the effect of a perpendicular extension to the host dwelling. As the
officer’s report clearly states, when seen from the side or the rear the proposed
extension would appear an unduly dominant structure in relation to the host
dwelling. I have noted the reference to similar schemes in the village, but
these do not alter what I consider to be the inherent weaknesses of this
development in this particular context.
10. The Council has followed Government policy on heritage assets in Section 12 of
the National Planning Policy Framework 2012 (‘the Framework’). In this regard,
the harm to the significance of the conservation area as a designated heritage
asset in this case would be ‘less than substantial’, but this does not mean that
the refusal of permission is not justified because of the harm caused. I also
agree with the officer’s report that there are little or no public benefits from the
enlargement of the house in this instance to be weighed in the balance.
11. I have taken all the other matters raised by the appellant into account but
nonetheless conclude that the character and appearance of the conservation
area would not be preserved and that this would conflict with Policies D1 & E10
of the East Devon Local Plan 2013-2031 adopted 2016 and with Section 12 of
the Framework.
12. The appeal is therefore dismissed.
Martin Andrews
INSPECTOR
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