Retention of outbuilding in rear garden

www.planningportal.gov.uk/planninginspectorate Appeal Decision Site visit made on 28 February 2018 by C J Leigh BSc(Hons) MPhil MRTPI an Inspector appointed by the Secretary of State for Housing, Communities and Local Government Decision date: 19 March 2018 Appeal Ref: APP/B0230/D/17/3189051 4 Malham Close, Luton, LU4 8PH  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 Jawzi Mohamed against the decision of Luton Borough Council.  The application Ref 17/00631/FUL, dated 1 April 2017, was refused by notice dated 22 August 2017.  The development proposed is retention of outbuilding in rear garden. Preliminary matters 1. The outbuilding the subject of this appeal has been erected, and so this appeal seeks permission to retain the outbuilding in the rear garden. Decision 2. The appeal is allowed and planning permission is granted for an outbuilding in the rear garden at 4 Malham Close, Luton, LU4 8PH in accordance with the terms of the application Ref 17/00631/FUL, dated 1 April 2017, subject to the following conditions: 1) The outbuilding hereby permitted shall remain incidental to the dwelling house at No. 4 Malham Close at all times and shall at no time be subdivided or occupied as a separate or self-contained living environment or benefit from the installation of a kitchen without the prior permission of the Local Planning Authority. 2) The development hereby permitted shall be carried out in accordance with the approved plans BJ/2017/019/01 & BJ/2017/019/02. Main issues 3. The main issues in this appeal are the effect of the proposed development on the character and appearance of the surrounding area, and on the living conditions of adjoining occupiers. Reasons 4. I saw that garden lengths vary in the area due to the angled layout of houses. The outbuilding fills much of the garden to the appeal property, which has also been extended to the rear. There remains, though, a reasonable gap between the house and the outbuilding to provide a degree of openness to the site and Appeal Decision APP/B0230/D/17/3189051 2 the wider area, and for an open amenity space to the house. The outbuilding does not adversely affect the character of the wider residential area, due to its location to the rear of properties. 5. The outbuilding sits close to the boundary with the adjoining house of No. 3, and a little further from the boundary with No. 5. I note the occupiers of those properties have not objected. Due to the length of the gardens to those properties, and the distance of the outbuilding away from the rear elevation of the houses, the position, height and size of the outbuilding does not appear unduly imposing on the outlook to No. 3 and No. 5. From observations on site, and based on the information I have read and seen, I consider there would not be any material effect on levels of light to those properties or their gardens. 6. I acknowledge that permitted development rights were removed upon the construction of the Malham Close properties. This necessitates a careful consideration of the effect of any proposed outbuilding on the character and appearance of the area, and on living conditions. On balance, having regard to the particular circumstances of this property and the outbuilding that has been erected, I consider there to be no harm to such matters. 7. The development therefore accords with the objectives of Policies LLP1, LLP19 and LLP25 of the Luton Local Plan (2011-2031) 2017 the general thrust of which is to seek new development is of a high standard of design consistent with the surrounding area, and which does not significantly harm residential amenity. Planning permission is granted. 8. The Council have suggested a condition restricting the use of the outbuilding and requiring it to be incidental to the dwellinghouse. As the outbuilding is not being erected pursuant to permitted development rights I agree that a condition is necessary to ensure that the outbuilding remains for a purpose incidental to the enjoyment of the dwellinghouse. I have also attached a condition specifying the relevant drawings as this provides certainty. C J Leigh INSPECTOR