Single storey extension to the studio
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Green Belt Policy
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 December 2017
by Timothy C King BA(Hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 15 January 2018
Appeal Ref: APP/C3620/D/17/3184810
The Studio, Hatchetts End, Hogspudding Lane, Newdigate RH5 5DR
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 & Mrs Nathan Ramsden against the decision of Mole Valley
District Council.
The application Ref MO/2017/0591/PLAH, dated 3 April 2017, was refused by notice
dated 30 June 2017.
The development proposed is a single storey extension to the studio.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
extension to the studio building at Hatchetts End, Hogspudding Lane,
Newdigate RH5 5DR, in accordance with the terms of the application
Ref MO/2017/0591/PLAH, dated 3 April 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: Location Plan, Site Plan, 1639.12, 1639.13,
1639.14 and 1639.15.
3) The materials to be used in the construction of the external surfaces of the
development hereby permitted shall match those used in the existing
building.
Application for costs
2. An application for costs was made by Mr & Mrs Nathan Ramsden against Mole
Valley District Council. This application is the subject of a separate decision.
Main Issues
3. The site lies within the Metropolitan Green Belt and the main issues in this case
are:
i) whether the proposal would be inappropriate development in the Green Belt
for the purposes of the National Planning Policy Framework (the
Framework);
ii) the effect of the proposal on the openness of the Green Belt;
Appeal Decision APP/C3620/D/17/3184810
2
iii)the effect of the proposal on the character and appearance of the existing
building and its surrounding area;
iv) if it is inappropriate development whether the harm by reason of
inappropriateness and by reason of any other harm is clearly outweighed by
other considerations so as to amount to the very special circumstances
necessary to justify the development.
Reasons
Whether the proposal is inappropriate development
4. The National Planning Policy Framework (the Framework), issued in 2012,
indicates that the construction of new buildings should be regarded as
inappropriate development in the Green Belt. Such development is, by
definition, harmful to the Green Belt and should not be approved except in very
special circumstances.
5. The Framework states that inappropriate development is, by definition, harmful
to the Green Belt. All development is inappropriate unless, in the case of any
new building constructed, it falls within one of the exceptions referred to in
paragraph 89 of the Framework. This includes the extension or alteration of a
building provided that it does not result in disproportionate additions over and
above the size of the original building.
6. The Framework provides no clear guidance over what may, or may not,
amount to disproportionate additions. Similarly, Policy RUD7 of the Mole Valley
Local Plan (LP), adopted in 2000, although mentioning that extensions to
dwellings will be permitted where they would not result in a disproportionate
addition over and above the size of the original dwelling (or as it stood in
December 1968 when policies seeking to control the extension and rebuilding
of dwellings in the Green Belt were first introduced), gives no figure or
percentage to gauge as such.
7. The Studio is a small, detached, single storey building comprising
self-contained residential accommodation. It is used as an extension to the
habitable floorspace within the main dwelling, Hatchetts End. The proposal
would involve projecting the building’s north facing elevation.
8. In terms of the cumulative increase in floorspace the Council and the
appellants have arrived at significantly different figures. This is due to the
Council including the existing internal floor area comprising a kitchen and
bathroom, which sits forward of the north facing lounge window to the side.
However, in taking 1968 as the base point I have had regard to an appendix
attached to the appellants’ statement of case which comprises a HM Land
Registry Plan stamped and dated 11/66 which clearly indicates the building’s
staggered north elevation.
9. This reinforces the findings from my site visit whereby I noted that the
brickwork and roof tiles of the building’s projection tend to match the main part
of the building which is of some age and certainly not post-war. The only
noticeable ‘addition’ to the building, clearly constructed relatively recently, is a
very limited add-on structure to its east elevation, which accommodates a
small hall area.
Appeal Decision APP/C3620/D/17/3184810
3
10. On the above basis I cannot agree with the text in the Council’s case report
which comments that a lean-to addition to the north of the original building,
from its appearance, the difference in brickwork and roof form is considered to
be a later addition. I found that the brickwork was not discernibly different,
that its aged catslide roof blends in with the main roof plane behind, and that
its appearance and presence on the Land Registry constitutes evidence that, on
the balance of probabilities, this section of the building pre-dates 1968.
Accordingly, it should be discounted from the calculation to establish the
cumulative increase and, instead, should represent part of the ‘original’
building.
11. In the circumstances I am of the opinion that the only extension to the building
to date is the small hallway projection mentioned. The appellant has calculated
this to measure approximately 8 sqm but, nonetheless, the submitted plans
show that this addition would be removed as part of the scheme. I thereby
estimate that the cumulative increase in floorspace arising from the proposal
would be in the region of some 47% over that of the original building. This is
more than the appellant’s calculation of approximately 30 sqm, but significantly
less than the Council’s calculation of 103%.
12. Although I accept that the percentage increase is not insignificant I am also
guided by the explanatory wording to LP Policy RUD7 which mentions that,
when assessing whether an extension would be disproportionate, account will
be taken of the relative increase in floorspace and also whether the proposal
would be out of proportion with the original dwelling in terms of its form, bulk
or prominence. In this particular instance the appearance of the building’s
frontage, although slightly widened, would undergo little alteration, the main
roof’s ridgeline would not be raised and the addition to the rear of the building
would be to a sympathetic design. This, coupled with the proposed roof
treatment to the rear whereby the two gables would be just below ridge height,
would ensure that the extension would integrate satisfactorily and also, despite
the increase in depth, with a degree of subordination.
13. I therefore conclude that the proposal would not represent a disproportionate
addition to the original building, and the proposal would thereby not fall
contrary to paragraph 89 of the Framework or LP Policy RUD7. Accordingly, it
would not constitute inappropriate development within the Green Belt for the
purposes of the Framework.
The effect of the proposal on the openness of the Green Belt
14. Given that I have found that the proposal would not be inappropriate
development in the Green Belt I conclude, on this main issue, that the
proposed extension would not be potentially harmful to the Green Belt’s
openness and would not thereby conflict with advice within the Framework or
the design objectives of Policy CS14 of the Council’s Core Strategy (CS).
Character and appearance
15. I have found that the proposed rear extension to the building would integrate
satisfactorily with the host building in terms of form and size. Indeed, the
development would involve the removal of the incongruous modern addition to
the building’s eastern flank. Moreover, the extension would not be visible from
the front and there would be little, if any, indication of change. I conclude that
the proposal, in its contextual setting, would not be harmful to the character
Appeal Decision APP/C3620/D/17/3184810
4
and appearance of the existing building nor its rural surroundings, and there
would be no material conflict with the design objectives of either CS Policy
CS14 or LP Policy ENV22.
Very special circumstances
16. Given that the proposal would not be inappropriate development in the Green
Belt for the purposes of the Framework the issue of Very Special Circumstances
is not relevant to this appeal and I have no need to consider this matter
further.
Conclusion and Conditions
17. The proposal would neither represent inappropriate development in the Green
Belt nor would it be harmful to local character and appearance. For the above
reasons, and having had regard to all matters raised, the appeal succeeds.
18. In terms of conditions, apart from the statutory time limit, in the interests of
certainty I impose a condition requiring that the proposed enlarged porch is
implemented in accordance with the approved plans. Also, to ensure a
satisfactory appearance, a condition requiring the use of matching materials is
necessary.
Timothy C King
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 6 December 2017
by Timothy C King BA(Hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 15 January 2018
Costs application in relation to Appeal Ref: APP/C3620/D/17/3184810
The Studio, Hatchetts End, Hogspudding Lane, Newdigate RH5 5DR
The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
The application is made by Mr & Mrs Nathan Ramsden for a full award of costs against
Mole Valley District Council.
The appeal was against the refusal of planning permission for a single storey extension
to the studio.
Decision
1. The application for an award of costs is refused.
Reasons
2. Paragraph 030 of the government’s planning guidance advises that costs may
be awarded where a party has behaved unreasonably and the unreasonable
behaviour has directly caused another party to incur unnecessary or wasted
expense in the appeal process.
3. The essence of the applicants’ costs application is that the Council refused
planning permission for the above scheme, unnecessarily. The applicants
suggest that the Council wanted a simpler design yet failed to make contact
with the applicants’ agent in this regard.
4. Following the decision being issued a revised elevation plan was forwarded to
the Council and the covering letter indicated that, should a favourable response
be received, a further application would be submitted and the need for an
appeal may be negated. The letter also included a Land Registry Plan dated
1966 which provides evidence that a section of the building, previously
considered by the Council to be a recent extension, existed at the December
1968 threshold point for such development. I understand that the Council did
not reply to this letter.
5. The applicant had not submitted the Land Registry Plan previously and it is
therefore more than likely that this would have been the first time the Council
would have seen the document in relation to the appeal site. The Council had
already refused planning permission, partly on the basis of the evidence as had
originally been provided and, presumably, partly on the basis of the case officer
visiting the site.
6. Regarding the latter, although at my site visit, I came to the conclusion that
the existing rear projection would have almost certainly existed in December
1968 – reinforced and confirmed by the Land Registry Plan produced – to the
Costs Decision APP/C3620/D/17/3184810
2
untrained eye this might have not been the case and the Council’s
representative may have been of the opinion that the brickwork appeared
different in part. Certainly, the case report refers to the roof form being
different but, to my mind, that is not indicative of a post 1968 development.
7. Nonetheless, the Council was not obligated to revisit the scheme until such
time as a fresh application had been made. Admittedly, it would have been
good practice for the Council to acknowledge the planning position in light of
the new evidence but it didn’t and this must remain an issue between the two
main parties. Further, it is unlikely that the Council, had it responded, would
have considered the matter favourably, especially as I understand that a
subsequent planning application was similarly refused, despite clarification as
to size of the ‘original’ building.
8. In the above regard I am also mindful of the Council’s considered effect of the
proposal on the character and appearance of both the existing building and the
surrounding area. Although I found differently the Council was quite entitled to
have come to a different view and, as such, the appeal would still have ensued.
9. For the reasons given above I conclude that unreasonable behaviour resulting
in unnecessary or wasted expense, as described in the planning guidance, has
not been demonstrated. I therefore refuse the application for an award of
costs.
Timothy C King
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.