Detached garage with studio over
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Residential Amenity
Character & Appearance
Open Space
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 December 2017
by Julia Gregory BSc (Hons), BTP, MRTPI, MCMI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 18th December 2017.
Appeal Ref: APP/Z2830/D/17/3183351
Burnham Farmhouse, 5 Bretts Lane, Roade, NN7 2 PA
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 and Mrs G Nightingale against the decision of South
Northants District Council.
The application Ref S/2017/1210/FUL, dated 28 April 2017, was refused by notice dated
23 June 2017.
The development proposed is a detached garage with studio over.
Procedural matter
1. A request was made by the Council to visit No 7 Bretts Lane. Nobody was home
at the time of my visit. I am satisfied that there would be no prejudice to any
party and that I can reach a decision without visiting as I paid close attention
to the relationship of the two properties when at No 5.
Decision
2. The appeal is dismissed.
Main Issues
3. The main issues are the effect on the character and appearance of the host
dwelling and the surrounding area; and the effect on the living conditions of
the occupiers of neighbouring properties, particularly in respect of outlook.
Reasons
Character and appearance
4. Burnham Farmhouse is a traditional two-storey stone built dwellinghouse. It is
situated on a large plot with its front elevation set back some way from Bretts
Lane. Bretts Lane has a mixture of traditional and modern properties, and a
spur off it leads to modern properties at the rear of the Farmhouse.
5. The triple garage with studio over would be sited to the rear of the Farmhouse
and would be accessed via a gateway at the side of the property. Its front
elevation would seek to replicate a traditional farm building. The fenestration
would be limited in size with the window in the front projecting gable
comprising a window in a hayloft door style and there would be two small roof
lights in the front roof slope. The three individual garage doors would be double
openers in timber with arched stone courses above. The materials used would
match those of the dwelling house.
Appeal Decision APP/Z2830/D/17/3183351
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6. The access onto Bretts Lane is of limited width and the building would be set
back by some way behind frontage buildings. These factors along with the
existence of high gates which may be closed from time to time would mean
that the building would only be glimpsed from a short section of the frontage.
Furthermore, the current view through the access is of the two storey brick
gable end of No 15, a modern property to the rear, which closes any distant
views.
7. Nonetheless, the building would be of substantial height and massing. It would
not appear subservient to the Farmhouse because of this. The Council’s
Supplementary Planning Guidance identifies scale as being a consideration in
determining planning applications. Furthermore, because of the scale of the
building in close proximity to the Farmhouse, facing directly parts of the rear
elevation, it would appear cramped viewed with that building.
8. The development would be contrary to the South Northamptonshire Local Plan
(LP) saved policy G3 which requires development to be compatible in terms of
its scale and siting and LP saved policy H 17 which seeks residential extensions
that respect the scale and character of the existing dwelling. It would also be
contrary to LP saved policy EV1 which requires attention to be paid to the
relationship with adjoining land and buildings and the scale, height and
massing in relation to the site and surroundings. Furthermore, it would be
contrary to the National Planning Policy Framework (the Framework) that
identifies securing high quality design as a core planning principle.
Living conditions
9. The building would be a substantial two-storey structure sited close to the
common boundary with the short, modest sized rear garden of No 7 to the
side.
10. The windows in the building would not create any significant overlooking
because of their position in the roof slope and also their distance from the
boundary. Nonetheless, because of its scale and massing and the limited size of
the garden area to No 7, it would be excessively dominating on outlook from
the rear garden of that property, which may not always retain the evergreen
boundary planting as currently in place.
11. The building would also have its side elevation close to the common boundary
facing the rear of No 11. That property has a larger sized rear garden than No
7 and the views from the garden would be most directly towards the sloping
cat slide section of roof. For these reasons, although the common boundary is
quite open, especially in winter, the building would not be so dominant and
intrusive on outlook from that perspective.
12. The side gable of No 15 lies to the rear of the property. According to the
Council there would be some 9 m separation distance between the rear of the
garage/studio building and the gable. There is a window in the side elevation of
No 15 at ground floor which according to the occupier serves the kitchen.
13. Nonetheless, there are currently bushes on that side boundary over which No
15 has no control as they are in the garden of the Farmhouse and screen that
window. Also there would be a cat slide roof at the rear of the building. The
first floor window in the gable of No 15 is only a small obscure window. I
conclude that the living conditions at No 15 would not be unacceptably
Appeal Decision APP/Z2830/D/17/3183351
3
compromised in relation to sunlight and outlook for these reasons. There would
be no rear windows in the building looking towards No 15.
14. In conclusion, it is in respect of the effect on outlook for the occupiers of No 7
from their modest sized rear garden that the development would cause harm.
It would be contrary to LP saved policy G3 because it would unacceptably harm
the amenities of neighbouring property. It would also be contrary to LP policy
H17 which requires residential extensions to avoid any significant loss of
amenity to neighbouring occupiers. This would also be contrary to a Framework
core principle to seek a good standard of amenity for all existing and future
occupants of land and buildings.
Other matters
15. Whilst I note the planning history and pre-application consultation, I have
determined the proposal on its own individual merits.
Conclusion
16. For the reasons given above, I conclude that the appeal should be dismissed.
Julia Gregory
Inspector
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