Single storey extension to rear of property
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Sustainability
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 May 2018
by Caroline Jones BA (Hons) DipTP MTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22nd May 2018
Appeal Ref: APP/E2734/D/18/3194456
Oakdale Farm Cottage, Penny Pot Lane, Harrogate HG3 2SD
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 Claire Monkhouse against the decision of Harrogate Borough
Council.
The application Ref 6.79.12270.A.FUL, dated 5 April 2017, was refused by notice dated
13 November 2017.
The development proposed is single storey extension to rear of property.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposed development on the character and
appearance of the host property and surrounding area.
Reasons
3. Oakdale Farm Cottage is a two storey detached property which forms part of a
former farmstead comprising original dwellings and barn conversions within a
Special Landscape Area (SLA). The wider farmstead, including the appeal
property, has retained its traditional form and inherent character and
appearance through a sympathetic development which has preserved its rural
setting in the wider landscape. The land falls steeply away immediately to the
rear of the property before gradually rising again towards the north. As such,
the property occupies an elevated position which is clearly visible from Penny
Pot Lane to the north.
4. The proposed extension would protrude around 4.5 metres from the rear wall
of the host property and would measure approximately 9 metres in width. Due
to the fall in ground level, the extension would be supported on steel columns
clad in timber. Despite the use of matching roof materials, there would be a
significant amount of glazing which together with the timber cladding would
afford the extension a contemporary appearance out of keeping with the
intrinsic character of the traditional rural building. This harm would be
exacerbated by the scale of the proposal which would overwhelm the rear
elevation and considerably alter its appearance.
5. Whilst the property may not be visible from Birk Crag, the extension would be
clearly visible from the public realm on Penny Pot Lane. For the above reasons
Appeal Decision APP/E2734/D/18/3194456
2
the proposal does not constitute a high standard of design and given that the
dwelling’s currently traditional appearance compliments its setting in the SLA,
the proposal would have a harmful impact on the SLA in a small but
nonetheless unduly harmful way.
6. I therefore conclude that the proposal would materially harm the character and
appearance of the host property and the surrounding area and find conflict with
Policies C9, H15 and HD20 of the Harrogate District Local Plan (2001) (LP),
Policies EQ2 and SG4 of the Harrogate District Core Strategy (2009) (CS) and
guidance within the House Extensions and Garages Design Guide SPD.
Together these seek, amongst other things, high quality locally distinctive
design that respects and causes no detriment to the character or appearance of
the dwelling or surrounding area including the landscape character giving long
term protection to SLAs. The appeal scheme also conflicts with paragraphs 17
and 109 of the National Planning Policy Framework (the Framework) which
require high quality design and the protection of valued landscapes.
7. I note that paragraph 96 of the Framework states that local planning
authorities should set criteria based policies against which proposals for any
development on or affecting protected landscape areas will be judged. Whilst
Policy C9 of the CS predates the Framework and is not in itself criteria based,
its purpose is to protect the character of SLAs in the long term by requiring
high quality design. This is consistent with paragraphs 17 and 109 of the
Framework.
8. In any event, I have also found conflict with Policies H15 and HD20 of the LP
and Policies EQ2 and SG4 of the CS which are consistent with the design
objectives of the Framework which include, that planning should always seek to
secure a high quality of design (paragraph 17); that good design is a key
aspect of sustainable development (paragraph 56) and should respond to local
character (paragraph 58); and that it is proper to seek to promote or reinforce
local distinctiveness (paragraph 60). As the policies are considered up to date
and I have found conflict with them, the presumption in favour of sustainable
development does not apply.
Conclusion
9. For the reasons given above and taking all matters into account, I conclude
that the appeal should be dismissed.
Caroline Jones
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.