To raise the ridge level in existing detached garage to create new hobby room in new roof space over

Appeal Decision Site visit made on 31 August 2017 by Mike Robins MSc BSc(Hons) MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 15 September 2017 Appeal Ref: APP/X1165/D/17/3177877 66 Lammas Lane, Clifton with Maidenway, Paignton TQ3 2PX  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 Peter Guttridge against the decision of Torbay Council.  The application Ref P/2017/0168/HA, dated 15 February 2017, was refused by notice dated 12 April 2017.  The development proposed is to raise the ridge level in existing detached garage to create new hobby room in new roof space over. Decision 1. The appeal is allowed and planning permission is granted to raise the ridge level in existing detached garage to create new hobby room in new roof space over at 66 Lammas Lane, Clifton with Maidenway, Paignton TQ3 2PX in accordance with the terms of the application, Ref P/2017/0168/HA, dated 15 February 2017, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 3815-01 and 3815-11. 3) The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. 4) Before the first use of the hobbies room hereby approved, a scheme for screening of the external stair platforms shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full prior to first occupation and retained as such thereafter. Main Issues 2. The main issues are firstly, the effect of the proposal on the character and appearance of the host dwelling and surrounding area, and secondly, on the living conditions of the occupiers of the neighbouring dwelling, with particular regard to overlooking and privacy. Reasons 3. The appeal site lies within a residential area adjacent to a grass mound covered reservoir. It is accessed via a shared drive to the side of the host dwelling. The existing garage is a single-storey, two bay unit, which stands higher than the main house due to the rising land to the rear. Just beyond the garage, also Appeal Decision APP/X1165/D/17/3177877 2 accessed via the shared lane, is No 68 Lammas Lane, which has a double height extension to its garage lying immediately to the rear of the garden of No 66 and alongside the rear garden of No 64. 4. Lammas Lane slopes down away from the appeal site, with the ridge lines of properties stepping down the hill. While there are mainly bungalows along this road, larger and two-storey dwellings, such as No 129 Maidenway Road, confirm the presence of more prominent buildings within the character of the area. Along with No 68 to the rear, the proposed extension would establish a defined highpoint of development here. While it would result in an outbuilding with a ridge at a higher level than its host, nonetheless it would respond to the existing topography and would visually represent a continuation of the stepped nature of dwellings here. It would be sufficiently removed from the host dwelling to not be considered dominating in such circumstances. 5. The extended garage would be screened from a number of views by the host building, the reservoir and the well-established bank along the shared drive, although it would still be visible in views from the road, including from the junctions with Maidenway Road and with Laura Grove. However, in these views, I consider the stepped ridge characteristic would be retained and overall the proposed extension would not harm the character or the appearance of the host dwelling or the surrounding area. It therefore complies with Policies DE1 and DE5 of the Torbay Local Plan (the Local Plan), which seek well-designed development that respects the surrounding built environment and extensions that respond to the host dwelling and the street scene in general. 6. Turning to living conditions, the proposed access to the extension would be by an external stair that rises from the garden and returns to enter centrally in the gable end facing the host dwelling. As such, platforms at the mid-point and the top of the stair could provide raised viewpoints at higher level than the adjoining garden area of No 64. The potential for overlooking is reduced by the orientation of the building to the main garden area and the presence of garage and side extensions to No 64. Nonetheless, the platforms, particularly the upper platform, which would be relatively wide to allow for the opening of the proposed French doors, would have the potential to allow for sitting out or for persons to linger and obtain views across to No 64. 7. Such impacts on privacy could be addressed through the use of screening and the appellant suggests timber hit and miss fencing while the Council, in their suggested condition, indicate the use of obscure glazed privacy screens. Either would address this in principal concern. However, the introduction of timber fencing at height on the side of the structure would not necessarily represent good design. In absence of comment from the appellant on the Council’s proposed approach, I have accordingly altered the suggested condition to allow for submission of a scheme to address such screening. 8. As a result, I consider that the proposal would not harm the living conditions of the neighbouring occupiers, subject to imposition of a suitable condition. The proposal would therefore comply with Local Plan Policies DS3 and DS5, which seek that development be designed to avoid harm to the amenity of neighbouring and surrounding uses. 9. In addition to the standard implementation condition and a condition securing the plans to provide certainty, to protect the character and appearance of the area I have imposed a condition relating to materials. As set out above, to Appeal Decision APP/X1165/D/17/3177877 3 protect the living conditions of the neighbouring occupiers, I have imposed a condition regarding screens. Where necessary and in the interests of clarity and precision I have altered the conditions to better reflect the relevant guidance. 10. For the reasons given above and having regard to all other matters raised, I conclude that the appeal should be allowed. Mike Robins INSPECTOR