Single storey rear extension to dwelling
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Green Belt Policy
Residential Amenity
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 29 June 2020 by Hilary Senior BA (Hons) MCD MRTPI
by Susan Ashworth BA (Hons) BPL MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 15 July 2020
Appeal Ref: APP/V4250/D/20/3246913
56A Wigan Road, Shevington, Wigan WN6 8AP
• 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 Christopher Heaton against the decision of Wigan
Metropolitan Borough Council.
• The application Ref A/19/87757/HH, dated 19 August 2019, was refused by notice
dated 2 October 2019.
• The development proposed is single storey rear extension to dwelling.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Main Issues
3. 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 on the openness of the Green Belt;
• whether the harm by reason of inappropriateness, and any other harm,
would be clearly outweighed by other considerations and if so, whether
this would amount to the very special circumstances required to justify
the proposal.
Reasons
Whether the proposal would be inappropriate development
4. The appeal site, which lies within the designated Green Belt, is a previously
extended brick built dwelling. It is set back from the highway with a driveway
and parking area to the front and is within a row of development with a mix of
house types.
5. The Framework establishes that new buildings in the Green Belt are
inappropriate, except in certain circumstances including where they involve an
extension or alteration of a building provided that it does not result in
Appeal Decision APP/V4250/D/20/3246913
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disproportionate additions over and above the size of the original building as
set out in paragraph 145c. Original building, the Framework explains, is a
building as it existed on 1 July 1948 or, if it was constructed after that date, as
it was built originally.
6. The Framework does not explain what a disproportionate addition means. An
assessment of whether the proposal would be disproportionate to the original
building is therefore a matter of planning judgement. Policy GB1B of the Wigan
Replacement Unitary Development Plan (2006) seeks to protect the Green Belt
by limiting the sum of additions to the original property to not more than
200m3.
7. In this case the dwelling has been previously extended with the addition of a
first floor1. The Council have indicated that, during the application process, the
proposal was amended to reduce the footprint of the dwelling. Although I do
not have the details of the previous extension before me, I understand that the
approved extension was in line with the requirements of saved policy GB1B as
it measured approximately 185m3. I note that permitted development rights
were removed from the extended dwelling to control any subsequent
extensions.
8. The appeal proposal is for a single storey rear extension which would extend
the rear of the dwelling by 3.3 metres across the full width of the dwelling of
approximately 9.7 metres. It would be 2.9 metres in height. The approximate
additional volume would be 93m3. Both parties agree that the proposal would
exceed the 200m3 policy guidance when added to the volume of the previous
extension, and from all I have seen and read have no reason to disagree with
this assessment.
9. Consequently, the proposal would constitute a disproportionate addition to the
dwelling and would not therefore fall within exception set out in paragraph
145c of the Framework. It would therefore be inappropriate development in the
Green Belt.
10. In accordance with the paragraph 143 of the Framework inappropriate
development is, by definition, harmful to the Green Belt and should not be
approved except in very special circumstances.
Effect on openness
11. The fundamental aim of Green Belt policy is to prevent urban sprawl by
keeping land permanently open. Openness and permanence are essential
characteristics of the Green Belt.
12. I note that the proposed extension would be located on a current raised patio
area at the rear of the property and would not project into the wider garden
area. Sited at the rear it would be largely hidden from view from the public
realm. However, openness, in the context of the Green Belt can be taken to
mean the absence of built development. The proposal would increase the
footprint and massing of the building and therefore in spatial terms this would
lead to, albeit limited, harm to openness.
13. Therefore, in terms of the effect of the development on the openness of the
Green Belt as a whole, any harm would be limited.
1 Application A/12/76946
Appeal Decision APP/V4250/D/20/3246913
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Other considerations
14. The Framework states that ‘very special circumstances’ will not exist unless the
harm to the Green Belt by reason of inappropriateness, and any other harm
resulting from the development, is clearly outweighed by other considerations.
15. I note that there is a mix of dwelling types in the vicinity of the appeal site
including both single and two storey dwellings. Although the proposed
extension would extend the full width of the dwelling, it would be single storey
and be subservient to the host property. In addition, it would not result in a
dwelling that is out of proportion with the surrounding properties and I note the
appellant’s point that it would have no greater footprint or volume than
surrounding dwellings. I give this matter limited weight in favour of the
proposal.
16. The Council found that there would be no harm to the living conditions of
adjoining neighbours and from all I have seen and read I have no reason to
disagree. The lack of harm to the living conditions of neighbours, is however, a
neutral factor.
17. I acknowledge the appellant’s requirement for additional living space within the
property which would also be enjoyed by future occupiers. I have no doubt that
the proposal would provide enhanced living conditions for a family. This is a
benefit of the proposal which attracts limited weight in its favour.
Very Special Circumstances and Conclusion
18. For the reasons set out above, the development constitutes inappropriate
development in the Green Belt. Furthermore, there would be limited harm to
the openness of the Green Belt. Paragraph 144 of the Framework states that
substantial weight should be given to any harm to the Green Belt.
19. As set out above, other considerations put forward in support of the proposal
attract limited weight in favour of the proposal. Consequently, they do not
clearly outweigh the substantial harm as set out above. Therefore, I conclude
that the very special circumstances needed to justify the development in the
Green Belt have not been demonstrated. As such the proposal would conflict
with the Framework, and Policy GB1B of the Wigan Replacement Unitary
Development Plan (2006), Policy CP8 of the Wigan Local Plan Core Strategy
(2013).
Recommendation
20. For the reasons given above and having regard to all other matters raised, I
recommend that the appeal is dismissed.
Hilary Senior
APPEAL PLANNING OFFICER
Inspector’s Decision
21. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is dismissed.
Susan Ashworth INSPECTOR
Appeal Decision APP/V4250/D/20/3246913
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