Detached 3 bay oak framed timber clad garage

Appeal Decision Site visit made on 26 October 2017 by G Powys Jones MSc FRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date:10 November 2017 Appeal Ref: APP/P3610/D/17/3182372 Downside House, 1 Downside, Epsom, Surrey, KT18 5ET  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 Paul Down against the decision of Epsom and Ewell Borough Council.  The application Ref 17/00103/FLH, dated 21 April 2017, was refused by notice dated 13 July 2017.  The development proposed is a detached 3 bay oak framed timber clad garage. Decision 1. The appeal is allowed and planning permission is granted for a detached 3 bay oak framed timber clad garage at Downside House, 1 Downside, Epsom, Surrey, KT18 5ET in accordance with the terms of the application, Ref 17/00103/FLH, dated 21 April 2017, subject to the conditions set out in the attached Schedule. Main issues 2. The main issue is whether the proposed development would preserve or enhance the character or appearance of the Church Street Conservation Area (CA), in which the appeal property is located. Preliminary matter 3. I noted that works of clearance to the front garden and its paving and landscaping had already been undertaken, and parking spaces have been provided where the proposed garage is intended. Thus part of the proposal subject of the application has already been undertaken. I assume that the appellant, in effect, seeks permission to retain the works already undertaken and to complete the proposed development. I shall proceed on this basis. Reasons 4. In comparison with many buildings comprised within the CA, the appeal property is a relatively modern building, being a detached dwelling, set well back within its plot. A high enclosing wall marks the frontage to the site, and this form of structure is characteristic of this part of the CA. Although some front garden clearance has taken place some trees and shrubs have been retained just behind the frontage wall. 5. The Council’s decision is largely based on the views of its Conservation Officer who said that: Appeal Decisions APP/P3610/D/17/3182372 2 The north-eastern side of Downside is enclosed by a variety of boundary walls and the built form is set well back, respecting a loosely defined - but consistent - building line. Front gardens are entirely uncluttered by ancillary structures and the proposed visually intrusive siting of the garage is alien to the local context. 6. I could perceive no consistency in the building line along this northern part of Downside, quite the opposite, but it is true that front gardens are clear of structures on the northern side of the road, albeit that I saw a timber outbuilding in the front garden of the property directly opposite the site. But in my view the fact that gardens may be generally clear of structures discounts the presence of the high enclosing walls along the frontage, which, to my mind, is a highly influential visual element in the street scene, extending around the corner, beyond the appeal site, into Worple Road. 7. The appellant proposes to erect what I would describe as a light, well-designed, open-fronted structure backing onto the wall separating the appeal site from Ash Mews, a relatively modern development of linked dwellings, whose layout goes somewhat against the grain of other nearby development. 8. Whilst the garage’s eaves and roof would project above the enclosing frontage walls, the large evergreen tree at the junction of Ash Mews and Downside would provide effective screening at all times of the year in views from the west. When approaching from the east, the garage’s roof would be glimpsed in short-range views above the enclosing frontage wall. However, it would be partially screened by the retained vegetation within the front garden, and in my opinion, it would not prove particularly noticeable or draw the eye. It certainly would not prove visually intrusive, as suggested by the Council, but would sit acceptably in its visual context. 9. I therefore conclude that the proposal would not cause visual harm; its effect would be neutral so that the character and appearance of the CA would be preserved. Accordingly, no material conflict arises with those provisions of policies DM8, DM9 & DM10 of the Council’s adopted Development Management Policies Document that, in combination, require development to be well designed so as to be compatible with local character, and for the Borough’s heritage assets to be conserved or enhanced. Conditions 10. Since the development has already begun, a condition setting out the statutory commencement date, as suggested by the Council, is unnecessary. 11. It is necessary, in the interests of certainty, that the development is completed in accordance with the approved plans. 12. Adequate information on external materials is provided in the application form and plans. 13. Although demolition is subject to control in conservation areas, in the interests of certainty and visual amenity a condition shall be imposed in respect of the frontage wall, which performs a significant screening function and plays a significant part in forming the inherent character of the CA. Appeal Decisions APP/P3610/D/17/3182372 3 Other matters 14. All other matters raised in the representations have been taken into account, including the references to the National Planning Policy Framework and the Council’s ‘Church Street Conservation Area Character Appraisal & Management Proposals’. No other matter raised is of such strength or significance as to outweigh the considerations that led me to my conclusions. G Powys Jones INSPECTOR Schedule of Conditions 1. The development hereby permitted shall be completed in accordance with the following approved plans: Drawing Nos. AL(00)030; AL(00)040; AL(00)100; AL(00)300 Rev A & AL(00)400. 2. The frontage wall onto Downside shall not be removed, replaced, altered or reduced in height without the Council’s prior consent, which shall be obtained in writing.