Erection of a first-floor extension to provide an additional bedroom and bathroom facilities; reconfiguration of ground and first floor plans; erection of new porch entrance to north main entrance
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Green Belt Policy
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 March 2018
by John D Allan BA(Hons) BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 21 March 2018
Appeal Ref: APP/R3650/D/17/3191618
Abingerwood, Holmbury Road, Ewhurst, Cranleigh, GU6 7SJ
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 Dr & Mrs Forrest against the decision of Waverley Borough
Council.
The application Ref WA/2017/1382, dated 19 May 2017, was refused by notice dated
4 October 2017.
The development proposed is the erection of a first-floor extension to provide an
additional bedroom and bathroom facilities; reconfiguration of ground and first floor
plans; erection of new porch entrance to north main entrance.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
Whether the proposal would be inappropriate development in the Green
Belt having regard to the National Planning Policy Framework (the
Framework) and any relevant development plan policies;
The effect of the proposal on the openness of the Green Belt;
The effect of the proposal on the character and appearance of the area;
and
If it is inappropriate development, whether the harm by reason of
inappropriateness, and 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 would be inappropriate development in the Green Belt
3. The appeal site lies within the Green Belt. The Framework explicitly states that
inappropriate development is, by definition, harmful to the Green Belt and that
Appeal Decision APP/R3650/D/17/3191618
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a local planning authority should regard the construction of new buildings as
inappropriate in Green Belt. However, the Framework goes on to state that the
extension of an existing building is not inappropriate if it does not result in
disproportionate additions over and above the size of the original building.
4. The Waverley Borough Local Plan 2002 (LP) pre-dates the Framework.
Nevertheless, the broad aim of LP Policy C1 – Development in the Green Belt
Outside Settlements is consistent with the Framework, as is Policy RD2 -
Extension of Dwellings in the Countryside where it states that proposals for the
extension of dwellings will be permitted provided that the extension, amongst
other things, does not result in disproportionate additions over and above the
size of the original dwelling. The policy goes on to state that in assessing
whether a proposed extension is disproportionate, account will be taken of the
relative increase in floorspace together with the form, bulk and height of the
proposal in comparison to the original dwelling.
5. The supporting text to Policy RD2 explains that the Council considers it most
important to ensure that the Policy is not undermined through successive
additions to the original dwelling over a period of years and that, consequently,
in some circumstances even small extensions could fail to meet the
requirements of the Policy. It goes on to state that as a guideline, a proposal
which individually or cumulatively increases the floorspace of the original
dwelling by more than 40% is unlikely to be acceptable but that in assessing
whether an extension is "disproportionate", regard will be had to the effect of
the proposal on the rural character of the area in general and of the overall
scale of development on the site.
6. An ‘original building’ is defined in the Glossary to the Framework as a building
as it existed on 1 July 1948 or, if constructed after 1 July 1948, as it was built
originally. This differs from the supporting text to LP Policy RD2 which defines
the original dwelling as the dwelling as it existed on 31 December 1968, when
the policy was first introduced, or as it was constructed if this was at a date
after December 1968.
7. The original property has previously been enlarged including through the
addition of a single-storey extension to the rear, granted planning permission
in 1961 (Ref: HM/R 12077), and a single-storey linked extension to the side,
granted planning permission in 2005 (Ref: WA/2005/2266).
8. The appeal proposal would comprise three main elements. A first-floor rear
extension over the existing flat roof extension; a single-storey porch extension
to the rear; and a single-storey ‘infill’ extension to the front between the
original dwelling and the later side addition.
9. Based on the Council’s definition of the ‘original dwelling’ both parties agree
that the accumulated size of extensions, when taking account of the additions
that are now proposed, would amount to an increase in floorspace of around
59% increase. For the purpose of the development plan, the proposal would
add more floor area to the dwelling than the 40% limit suggested by the
supporting text of Policy RD2.
Appeal Decision APP/R3650/D/17/3191618
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10. However, it is also necessary to consider the form, bulk, height and overall
scale of the enlarged building. The proposed first floor extension would span
the majority width of the property and would project almost 4m beyond the
original rear elevation. The existing roof would be projected over the extension
with equivalent eaves and ridge heights to include a new central crown in part.
In my assessment the addition of this extra accommodation at first floor level
would add significantly to the mass and scale of the house, resulting in a
building of considerably more bulk. This element of the proposed works would
be a noticeably dominant feature of the resulting building, even if seamlessly
designed. The other elements of the proposal would be much more
subservient. But when taken together, and with the previous side extension,
which added some considerable sprawl to the footprint of the original dwelling
in a fairly dominant form, I find that the proposal would contribute to an
accumulation of additions that would be disproportionate when assessed
against the size of the building as it existed in 1968. It follows that the
proposal would also amount to a disproportionate addition over the size of the
original building when considered against the Framework’s definition.
11. I conclude therefore that the proposal would be inappropriate development in
the Green Belt for the purpose of the Framework and development plan policy.
By definition this is harmful to the Green Belt and I attach substantial weight to
this harm.
The effect of the proposal on the openness of the Green Belt
12. The appellants have correctly pointed out that the effect of the proposal on
openness is not a determinative factor in gauging inappropriateness in the case
of extensions or alterations to buildings. However, the Framework states that
an essential characteristic of Green Belts is their openness and that the
fundamental aim of Green Belt policy is to prevent urban sprawl by keeping
land within them permanently open.
13. Openness is the absence of development. The addition of the first-floor
element would result in a part of the building that would be taller and bulkier
than the existing. The other elements of the proposal would encroach into
space around the existing building that is currently either open or free from
development. As such, there would be some loss of openness to the Green
Belt. I agree with the appellants that the degree of this loss would be minimal,
but this must be regarded as some additional harm, even if only slight, to add
to the harm by reason of inappropriateness.
The effect of the proposal on the character and appearance of the area
14. The Council has raised no concern about the impact of the proposal upon the
character and appearance of the existing dwelling or the wider area, which is
an Area of Outstanding Natural Beauty and an Area of Great Landscape Value.
I have no reason to disagree. Whilst the scale of the proposal would change
the character of the dwelling in terms of its bulk, it would not appear more
intrusive in the landscape or otherwise detract from the rural character of the
area. In this respect the proposal would comply with other LP Policies that deal
with design quality and the safeguarding of local character and landscape
Appeal Decision APP/R3650/D/17/3191618
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features However, the absence of harm in relation to these matters is neutral
and not a positive factor in the scheme’s favour.
Other Matters
15. The appellants have pointed out that there would be no harmful effects from
the proposal in terms of neighbouring residential amenity, traffic and parking,
or biodiversity and nature conservation. These are not matters of concern
raised by the Council but the absence of any harms is not a positive factor in
the scheme’s favour.
16. I have noted that the land at Abingerwood was previously used as a
bloodhound breeding business and that there were various buildings, structures
and hardstand areas associated with this use up until the 1980s. However,
there is now no substantive evidence of these to be seen. The appeal proposal
relates to a householder planning application. Notwithstanding the impact of
the previous buildings, no part of the proposal involves demolition of any
existing buildings and therefore there are no tangible benefits associated with
the appeal scheme to be weighed in its favour.
17. My attention has been drawn to other dwellings in the Green Belt where
planning permission has been given for extensions beyond the 40% guideline.
The first is at Brook Cottage (Ref: WA/2017/0460), the second at Oakhurst
(Ref: WA/2016/1238) and the third at The Laurels (Ref: WA/2003/0203). I
note that in the case at Oakhurst the Council was satisfied that very special
circumstances existed. In the case at The Laurels the Council was satisfied
that the scale, bulk, massing and impact of the proposal was acceptable and
proportionate to the original dwelling. I have no specific information about
Brook Cottage and only very limited information relating to the others and am
therefore unable to draw any direct comparison between them and the appeal
proposal. What they do demonstrate however is that each case is determined
on its individual planning merits and in this case I have considered the appeal
based on the circumstances and context of the appeal property.
Whether the harm by reason of inappropriateness, and any other harm, is clearly
outweighed by other considerations
18. I have found the proposal to be inappropriate development for the reasons
identified. This amounts to very substantial weight against it. In addition, I
have also found that it would prejudice the openness of the Green belt, albeit if
only to a small degree. None of the other considerations that have been put to
me carry any amount of weight to clearly outweigh the harms that I have
identified. The very special circumstances necessary to justify the
development do not exist.
19. Accordingly, and having regard to all other matters raised, including the
supportive comments from Ewhurst Parish Council and two local residents, the
appeal is dismissed.
John D Allan INSPECTOR
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