For a replacement private garage

Appeal Decision Site visit made on 18 December 2017 by Gareth W Thomas BSc(Hons) MSc(Dist) PGDip MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 22nd December 2017 Appeal Ref: APP/X1165/D/17/3183153 8 Hatfield Road, Ellacombe, Torquay TQ1 3BP  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 Colin Beardon against the decision of Torbay Council.  The application Ref P/2017/0390, dated 10 April 2017, was refused by notice dated 9 August 2017.  The development proposed is for a replacement private garage. Decision 1. The appeal is dismissed. Main Issue 2. The main issue in this appeal is the effect of the proposed development on the character and appearance of the area. Reasons 3. The appeal site comprises the front garden area to a large two storey Victorian villa that forms the end of a terrace of four properties that forms an attractive and characterful composition on the curve in the road where it meets the road junction of Hatfield Road and Windsor Road. The curving nature of this grouping allows the host property to enjoy a relatively spacious garden area that is enclosed by a limestone wall that follows the curve line of Hatfield Road. A small prefabricated garage currently occupies a prominent position within the front garden behind the stone wall. The Council explains that planning permission has not been obtained for this structure; however, it is now immune from enforcement action by reason of the four-year rule. However, despite the presence of the boundary wall and garden shrubbery, the present structure has a deleterious effect on the character and appearance of the area. 4. The proposal would see the erection of a replacement but larger garage structure within the same area of the garden. The building would incorporate a shallow pitched roof of slate to match the dwelling and timber clad walls. As a structure it would have a simple profile and unassuming architectural style. However, its positioning in the front garden would be highly prominent when viewed from the main road and would substantially detract from the ordered nature of this terraced grouping of properties. It would have an unacceptable and harmful impact on the street scene as a result. Appeal Decision APP/X1165/D/17/3183153 2 5. Consequently, the proposal would fail to comply with Policy DE1 of the Torbay Local Plan (2012-2030), which seeks to ensure that new developments are well-designed thereby respecting and enhancing Torbay’s special qualities through, amongst other things, protecting the character of the built heritage, including settlement patterns. This policy is consistent with Section 7 of the National Planning Policy Framework that seeks to promote or reinforce local distinctiveness. It also explains that permission should be refused for developments of poor design that fail to take the opportunities available for improving the character and quality of an area. Conclusion 6. Having regard to the above reasons and to all other matters raised, this appeal is hereby dismissed. Gareth W Thomas INSPECTOR