Conversion of existing garage to form annex and erection of detached garage

Appeal Decision Site visit made on 1 February 2018 by D Guiver LLB(Hons) Solicitor an Inspector appointed by the Secretary of State Decision date: 28 February 2018 Appeal Ref: APP/E2734/D/17/3188907 Owl Barn, The Knott, Pateley Bridge, Harrogate, North Yorkshire HG3 5HN  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 Tony Pickering against the decision of Harrogate Borough Council.  The application Ref 17/03699/FUL, dated 8 August 2017, was refused by notice dated 26 October 2017.  The development proposed is conversion of existing garage to form annex and erection of detached garage. Decision 1. The appeal is allowed and planning permission is granted for conversion of existing garage to form annex and erection of detached garage at Owl Barn, The Knott, Pateley Bridge, Harrogate, North Yorkshire HG3 5HN in accordance with the terms of the application, Ref 17/03699/FUL, dated 8 August 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: 4083 and 4187.The external surfaces of the development hereby permitted shall be constructed in materials to match those in the existing building. 3) All doors and windows in the development hereby permitted shall be recessed to form reveals to match those in the existing building. 4) The use of the detached garage hereby permitted shall be incidental to the residential use, and shall remain within the curtilage of, the existing building and shall not be let or used other than by the occupiers of the existing building and members of their household. 5) All the trees and hedges shown on the drawing no. 4187 marked "Existing mature trees/planting" and any trees whose canopies overhang the site shall be protected by strong fencing, the location and type to be previously approved in writing by the local planning authority. The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and Appeal Decision APP/E2734/D/17/3188907 2 the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the host building and on the Nidderdale Area of Outstanding Natural Beauty. Reasons Character and Appearance 3. The appeal site comprises a dwelling and garage converted from former agricultural buildings in a largely open plot of land located in a small cluster of similar developments. The garage is attached to the main part of the building that comprises the dwelling but a portion is within the curtilage of the neighbouring Knott House Farm. From observations at my site visit it appeared that the garage element of the building retains much of its original stone structure and slate roof. However, the entrance to the garage is through relatively large, white-painted metal doors that contrast markedly with the sympathetic treatment of the remainder of the building that alludes to the agricultural origins of the site. 4. The proposal would entail the replacement of the metal doors with glazing that in my opinion would be more responsive to the agricultural origins and the character of building as a whole and would result in an overall enhancement of the appearance. The proposal would also result in a detached structure to replace the space lost to the incorporation of the existing garage into the dwelling. This structure would be relatively close to the main building and would be adjacent to an existing stone wall and roughly in line with an existing building on the other side of the wall. The detached garage would be constructed in stone and slate to match the existing buildings and all windows and doors would be constructed in timber. In my opinion the proposed garage structure would not have a detrimental effect on the character and appearance of the existing building. The materials and design of the proposal would be similar in appearance to a small agricultural outbuilding in keeping with the origins of the other buildings on site. 5. Consequently the proposal would accord with Saved Policies H15 and HD20 of the Harrogate District Local Plan 2001 (the Local Plan), which together seek to ensure that extensions and new buildings respect the character, appearance and the local distinctiveness of existing buildings. Area of Outstanding Natural Beauty 6. The appeal site sits within the Nidderdale Area of Outstanding Natural Beauty (the AONB) which has the highest status of protection. In accordance with paragraph 115 of the National Planning Policy Framework (the Framework), the conservation of the landscape and scenic beauty is a material consideration to which I attach great weight. The AONB is characterised by a number of small settlements and relatively remote farm buildings in a largely open countryside of hills and valleys. Appeal Decision APP/E2734/D/17/3188907 3 7. The existing dwelling and garage sits comfortably within the small cluster of surrounding buildings and reflects the previous agricultural use. Overall the site preserves the character and appearance of the AONB. In my opinion, the proposed alterations to the existing garage and the replacement of the white- painted metal doors with more sympathetic timber windows would enhance the buildings contribution to the AONB. The design of the proposed detached garage and the materials specified for construction would be in keeping with the buildings characteristic to the area. I consider that the relatively small size of the proposed garage would not result in an incongruous addition to the AONB and would not have a detrimental effect on its appearance. 8. Consequently the proposal would accord with Policies EQ2, SG3 and SG4 of the Harrogate District Local Development Framework Core Strategy 2009 and Saved Policies C1, C2, C16 and H15 of the Local Plan, which together seek to ensure that developments protect and enhance the character and appearance of the landscape and avoid significant adverse impacts on the AONB. Conditions 9. The conditions set out in the accompanying schedule are based on those suggested by the Council. Where necessary I have amended the wording of these in the interests of precision and clarity in order to comply with the advice in the Planning Practice Guidance. 10. In the interests of proper planning I have imposed the standard condition in respect of time limits. For certainty I have imposed a condition requiring compliance with the plans. To protect the character and appearance of the area I have imposed conditions requiring external surfaces of the development to be constructed in materials to match those in the existing building as specified in the application for planning permission and for all windows and doors to be recessed to form matching reveals. The materials are readily identifiable and therefore I have not imposed a condition requiring the submission of samples to the Council prior to development. 11. In the interests of controlling development I have imposed a condition requiring the detached garage to remain within the curtilage of the existing building for use only by its occupiers and members of their household. In the interests of preserving trees on and adjacent to the site, including those that might be subject to a Tree Preservation Order, I have imposed conditions to protect them during development. Conclusion 12. For the reasons given above, and taking into account all other matters, I therefore conclude that the appeal should succeed. D Guiver INSPECTOR