Single storey conservatory to rear of property, with dormer eaves modification to existing roof

Appeal Decision Site visit made on 4 April 2018 by Penelope Metcalfe BA(Hons) MSc DipUP DipDBE MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: Friday 13th April 2018. Appeal Ref: APP/K0425/D/18/3192665 Kingfisher Lodge, Cryers Hill Road, Cryers Hill, HP15 6JS  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 Janaway against the decision of Wycombe District Council.  The application Ref 17/07244/FUL, dated 15 August 2017, was refused by notice dated 11 October 2017.  The development proposed is single storey conservatory to rear of property, with dormer eaves modification to existing roof. Decision 1. The appeal is allowed and planning permission is granted for single storey conservatory to rear of property, with dormer eaves modification to existing roof at Kingfisher Lodge, Cryers Hill Road, Cryers Hill, HP15 6JS in accordance with the terms of the application Ref 17/07244/FUL, dated 15 August 2017, and the plans submitted with it, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 30546/A, 1:1250 location plan and 1:500 block plan. 3) The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing building. Main issues 2. I consider that the main issues in this case are a) whether the proposal constitutes inappropriate development in the Green Belt, b) if it is inappropriate development, its effect on the openness of the Green Belt, c) its effect on the character and appearance of the area, and d) 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 3. The National Planning Policy Framework (the Framework) sets out several categories of new buildings which are not inappropriate development in the Appeal Decision APP/K0425/D/18/3192665 2 Green Belt. It allows for the extension or alteration of an existing building provided that it does not result in disproportionate additions over and above the size of the original building. It states that the essential characteristics of Green Belts are their openness and permanence. 4. The Council refers to local plan policies contained in the Wycombe District Local Plan to 2011 (the 2004 local plan). This was adopted in 2004, saved and extended in 2007 and subsequently replaced by the adopted Core Strategy in 2008 (the core strategy) and the adopted Delivery and Site Allocations Plan 2013. Policies GB2 and GB6 of the local plan and CS9 of the core strategy relate to development in the Green Belt. Policy CS9 states that the Green Belt will be protected from inappropriate development as defined in Government policy. Policy GB6 relates to residential extensions and sets out restrictive criteria including control over the increase in floor area. It is more prescriptive than CS9 in terms of the size of the extensions allowed but does allow for exceptions in certain circumstances including where the property is in a ribbon of development. 5. These polices pre-date the Framework and are based on guidance in PPG2 Green Belts which the Framework superseded. They carry weight insofar as they are consistent with The Framework. The latter does not provide any direction as to what may be regarded as a disproportionate addition, nor does it indicate how this should be measured, for example, by floor space or volume. This allows for a less prescriptive approach to assessing residential extensions than that taken by the local plan which, in my view, is appropriate in this case. 6. The Council also refers to policies DM42 and DM43 of the Local Plan – Regulation 19 Version of 2017 (the 2017 local plan) although they are not cited in the decision notice. Policy DM43 sets out criteria for residential extensions in the Green Belt which include reference to an acceptable increase in volume over that of the original building and dwellings in a ribbon of development. 7. The appeal property is a detached chalet style bungalow set well back from the road in a good sized plot within the Green Belt and the Chilterns AONB. It is part of a long ribbon of development along the southeast side of Cryers Hill Road characterised by a mix of detached bungalows and two storey houses. 8. The proposal is for a single storey conservatory at the rear of the bungalow. The Council calculates that the bungalow has been previously extended by approximately 57% in floor area and that the proposal would result in a total increase of approximately 75%. 9. The rear garden of the property rises steeply from the floor level of the bungalow and the immediately adjacent patio up to the end of the garden. It is well screened from public and neighbouring views by high fences and various shrubbery. The land also slopes down from east to west such that there are considerable differences in ground levels in adjacent properties. The proposed conservatory would occupy part of the existing patio. 10. In my opinion, notwithstanding the cumulative increase in floor area which would result from the proposal, there would not be a disproportionate increase in this context. It would be a small addition in terms of both floor area and volume at the rear of a property which lies in a long ribbon development of similarly spaced dwellings of varying sizes, many of which are larger. It would Appeal Decision APP/K0425/D/18/3192665 3 not compromise any of the purposes of the Green Belt set out in the Framework. 11. I conclude that the proposal would not be inappropriate development and that it would be consistent with the Framework. 12. The proposal would be in keeping with the scale and character of the existing bungalow and constructed in brick to match with glazed doors and roof. I conclude that it would not harm the character and appearance of the building itself or the surrounding area in the AONB and that it would be in accordance with policy L1 of the 2004 local plan and DM30 of the 2017 local plan which relate to development in the AONB. 13. For the reasons given above, the appeal is allowed. Conditions 14. I have considered the conditions put forward by the Council, having regard to the tests set out in the Framework. A condition detailing the plans is necessary to ensure the development is carried out in accordance with the approved plans and for the avoidance of doubt. A condition relating to the materials is necessary in order to ensure the satisfactory appearance of the development. I have imposed these conditions and have amended some of the wording for the avoidance of doubt. PAG Metcalfe INSPECTOR