To erect detached garden shed
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Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site Visit made on 20 October 2020 by S Watson BA(Hons) MSc MRTPI
Decision by R C Kirby BA(Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 27 January 2021
Appeal Ref: APP/Q4625/D/20/3257514
224 Station Road, Balsall Common, Solihull, CV7 7EE
• 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 Stephan Jones against the decision of Solihull
Metropolitan Borough Council.
• The application Ref PL/2020/00574/MINFHO, dated 9 March 2020, was refused
by notice dated 25 May 2020.
• The development proposed is to erect detached garden shed.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was carried out by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Preliminary Matters
3. The appellant’s description of proposed works is lengthy and contains
superfluous information, including describing the site and the merits of the
proposal. I note that the Council described the proposal as set out in the
banner above and as this is more concise and accurate, and as both parties
have used this description, neither would be prejudiced by my use of it also.
4. The appellant points to policies and guidance mentioned in the Council’s
decision notice which he considers the proposal complies with. My reading of
the notice is that those referred to on page 2 are policies and guidance that the
proposal was assessed against and it is clear from the refusal reason that the
Council considered that there was no conflict with Policy P14 relating to
amenity or Policy B3 of the Berkswell Parish Neighbourhood Development Plan
2019. Accordingly, these policies have not been determinative in this case.
5. While a copy of the Council’s delegated report may not have been available on
the Council’s website, a copy was provided with the Council’s appeal
documents. The appellant was given the opportunity to comment on the
delegated report and as such I find the appellant’s case has not been
prejudiced by this.
Appeal Decision APP/Q4625/D/20/3257514
2
Main Issue
6. The main issue in this case is the effect of the proposal on the character and
appearance of the surrounding area.
Reasons for the Recommendation
7. The appeal site contains a detached dwelling which is set at the back of the plot
but fronts on to Station Road. The street scene is predominantly open, and I
did not notice, during my visit, any buildings within the surrounding front
gardens.
8. The proposed shed would be located forward of the building line in an open and
prominent position close to the back of the pavement. Whilst it would be
behind a hedge, the section of hedgerow around the proposal is young and
provides only limited screening. It would likely take some time for this to
mature and provide effective screening and, nevertheless, could easily die or
be removed, so cannot be relied upon to screen the proposal. Given its
prominent siting the shed would be an intrusive, alien feature in an otherwise
open street scene.
9. I also noted during my site visit that there were two existing sheds serving the
site. Given these sheds, the scale of the garden, and the lack of substantive
evidence to the contrary, I find it unlikely that a further building would be
required to support the upkeep of the garden as alleged. I acknowledge that
due to the siting of the house it would not be practical to erect a shed behind
the property. These matters do not provide justification for the new shed.
10. In light of the above I conclude that the proposed development would be an
intrusive and prominent feature which would be harmful to the character and
appearance of the surrounding area. As such it would conflict with Policy P15 of
the Solihull Local Plan which expects development to achieve good quality
design and conserve the quality of the streetscape. The proposal would also
conflict with the guidance, on the siting of garages and detached buildings set
out in the House Extension Guidelines supplementary planning document, as
well as the design requirements of Paragraph 127 of the National Planning
Policy Framework, which amongst other matters seeks to ensure that
developments are sympathetic to local character, including the surrounding
built environment.
Recommendation
11. For the reasons given above I recommend that the appeal should be dismissed.
S Watson
APPEAL PLANNING OFFICER
Inspector’s Decision
12. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and concur that the appeal should be dismissed.
R C Kirby
INSPECTOR
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