Described as, ‘first floor side extension to property over existing garage (providing additional 1no. bathroom and 1no. bathroom/ensuite) and replacement of double garage doors with single garage door and side door
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Heritage & Conservation
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 January 2021
by R Sabu BA(Hons) MA BArch PgDip ARB RIBA
an Inspector appointed by the Secretary of State
Decision date: 12th February 2021
Appeal Ref: APP/D3505/D/20/3259887
104 Bures Road, Great Cornard CO10 0JE
• 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 & Mrs Hart against the decision of Babergh District Council.
• The application Ref DC/20/02153, dated 3 June 2020, was refused by notice dated
30 July 2020.
• The development proposed is described as, ‘first floor side extension to property over
existing garage (providing additional 1no. bathroom and 1no. bathroom/ensuite) and
replacement of double garage doors with single garage door and side door’.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• the effect of the proposed development on the significance of the non-
designated heritage asset on the site; and
• whether the proposed development would provide adequate provision for
parking.
Reasons
Non-designated heritage asset
3. The area around the appeal site is primarily characterised by historic detached
and semi-detached dwellings. While the buildings on the same side of the road
have varying spacings and setbacks compared with the opposite side which has
a more unified pattern of development, the area generally has an attractive,
spacious character and appearance.
4. While the site does not lie within a Conservation Area and the host building is
not listed, it is a Non-Designated Heritage Asset, the significance of which lies in
the evidence of historic architecture with original detailing. It is a historic
detached dwelling in a similar style to others in the area such that it provides a
positive contribution to the character and appearance of the area. It is also set
forward of other buildings on this side of the road such that it is prominent on
the street scene. The existing garage has a single pitch that slopes down away
from the host building at an angle that does not relate to the pitches of the roof
of the host building. As such, the existing garage appears somewhat
incongruous when viewed against the host building and wider area.
Appeal Decision APP/D3505/D/20/3259887
2
5. The proposal consists of the alteration of the garage to include a single access
door and single garage door, and a first-floor side extension of the host dwelling
over the existing garage. The flat portion of the proposed roof may be partially
hidden by the neighbouring property and the scheme would remove the window
in the flank elevation. However, the proposed gable end form with a roof pitch
steeper than that of the host property would result in an awkward juxtaposition
with the roof of the host building which is hipped with a shallower pitch.
6. I note that the garage would continue to be set back from the front elevation of
the host building, and the proposal would have a lower height than the host
building. However, since the overall height of the side extension would be
significantly greater than the height of the existing garage and given the
awkward juxtaposition of the two roof forms, the proposal would appear more
prominent, amplifying the incongruity of the first floor extension when compared
with the host building.
7. While render may not necessarily appear incongruous against the materials of
the host building, given the height of the flank elevation and its siting forward of
the adjacent building, the proposed use of render would present a stark, blank
elevation to the street.
8. Furthermore, while the proposed dormer window would be a similar size and
style compared with the other windows on the building, it would project past the
eaves level and would not be in line with the windows of the host building,
thereby appearing awkward against the host building. I note that visibility of the
proposed extension when travelling south would be restricted and the
vegetation to the south of the site would somewhat reduce visibility of the
scheme. However, there is no certainty regarding the permanence of the
vegetation, the foliage of which would be likely to be less dense during winter
months. Therefore, while I note the conclusions of the Heritage Impact
Assessment, the proposal would appear discordant against the host building,
diminishing the significance of the non-designated heritage asset and adversely
affecting the character and appearance of the area.
9. While I note the reference to a scheme at The Limes, little further information is
before me to allow a direct comparison with this appeal. In any event, each case
must be determined on its own merits.
10. Consequently, the proposed development would harm the significance of the
non-designated heritage asset on the site. Therefore, it would conflict with
Policy CN01 of the Babergh Local Plan Alteration No.2 Adopted June 2006 (LP)
which requires, among other things, that all new development proposals be of
appropriate scale and form and detailed design. It would also conflict with
LP Policy H33 which supports extensions to existing dwellings if the scale, mass
and architectural details of the proposed extension blend in with those of the
dwelling and wider setting. The scheme would also conflict with Paragraph 127
of the National Planning Policy Framework in this particular regard.
Parking provision
11. The parking provision on the site would be unchanged by the proposal. The site
has three parking spaces including a single space within the garage. Since the
Suffolk Guidance for Parking Technical Guidance Adopted November 2014 Third
Edition – May 2019 (PTG) requires a minimum of three spaces for a dwelling
with four or more bedrooms, the proposal would meet the requirement
Appeal Decision APP/D3505/D/20/3259887
3
regardless of the number of bedrooms in the host building. In any event, the
Appellant has confirmed that the existing building can be considered a 4-
bedroom dwelling.
12. Consequently, the proposed development would provide adequate parking
provision. Therefore, it would not conflict with LP Policy TP15 which requires
new development to provide parking in accordance with parking standards. It
would also not conflict with the PTG in this respect.
Other Matters
13. I also note that no local objections were received and the support for the
scheme by the Parish Council. It has therefore not altered my overall decision.
However, I have necessarily assessed the proposal based on its planning merits,
and these matters have not altered my overall decision.
Planning Balance
14. Paragraph 197 of the National Planning Policy Framework (Framework) states
that the effect of an application on the significance of a non-designated heritage
asset should be taken into account in determining the application. In weighing
applications that directly or indirectly affect non-designated heritage assets, a
balanced judgement will be required having regard to the scale of any harm or
loss and the significance of the heritage asset.
15. The existing garage, given its single pitch and rendered elevations, appears
incongruous against the host building, thereby diminishing its significance.
However, given its modest height, the overall bulk of the existing garage, it is
not unduly prominent when viewed from the street. The proposal on the other
hand, would significantly increase the height and mass of the side extension.
Accordingly, the proposed roof, which given its form, pitch and height would
appear discordant against the host building, would appear more prominent than
the existing garage. As such, since the proposal would replace the existing
garage roof with a more discordant extension, I attach moderate weight to the
harm to the significance of the non-designated heritage asset that would result
from the proposal.
16. I note the scheme would provide additional internal accommodation for the
Appellant’s family. However, these are private benefits which, along with the
other matters raised by the Appellant, do not override the harm identified.
Conclusion
17. For the reason given above, the appeal is dismissed.
R Sabu
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 26 January 2021
by R Sabu BA(Hons) MA BArch PgDip ARB RIBA
an Inspector appointed by the Secretary of State
Decision date: 12th February 2021
Costs application in relation to Appeal Ref: APP/D3505/D/20/3259887
104 Bures Road, Great Cornard CO10 0JE
• The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr & Mrs Hart for a full award of costs against Babergh
District Council.
• The appeal was against the refusal of planning permission for first floor side extension
to property over existing garage (providing additional 1no. bathroom and 1no.
bathroom/ensuite) and replacement of double garage doors with single garage door and
side door.
Decision
1. The application for an award of costs is partially allowed, in the terms set out
below.
Reasons
2. The Planning Practice Guidance (PPG) advises that costs may be awarded
where a party has behaved unreasonably, and the unreasonable behaviour has
directly caused another party to incur unnecessary or wasted expense in the
appeal process.
3. It adds that examples of unreasonable behaviour by local planning authorities
include:
• preventing or delaying development which should clearly be permitted,
having regard to its accordance with the development plan, national policy
and any other material considerations; and
• vague, generalised or inaccurate assertions about a proposal’s impact which
are unsupported by any objective analysis.
4. The first reason for refusal relates to the effect of the proposal on the non-
designated heritage asset. I note the evidence regarding physical site visits,
discussions with neighbours and I do not doubt the competency of the design
professionals involved in the project. I also acknowledge the evidence
regarding the Applicant’s design process and the sketches provided by the
Council.
5. However, the Council has provided adequate analysis to substantiate their
findings with regard to the planning merits of the proposal in terms of design
and has not behaved unreasonably in this particular regard.
Costs Decision APP/D3505/D/20/3259887
2
6. The Council stated that the proposal would not alter the existing parking
arrangements. The submitted drawings are not clear with regard to the number
of existing bedrooms. However, the Council has not made an assessment of the
number of existing parking spaces in order to make an analysis of the effect of
the proposal on the parking provision. From the evidence before me, the site
provides three parking spaces which meets the required parking standard
regardless of the number of bedrooms proposed. Therefore, it is not clear why
this matter formed a reason for refusal and the Council has behaved
unreasonably in this particular regard. Furthermore, the applicant would have
incurred unnecessary expense in the appeal process in defending this issue.
Conclusion
7. For the reasons outlined above, I conclude that the Council has acted
unreasonably, and that the applicant has incurred unnecessary and wasted
expense in contesting the second part of the Council’s reason for refusal.
Therefore, a partial award of costs is justified.
Costs Order
8. In exercise of the powers under section 250(5) of the Local Government Act
1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended,
and all other enabling powers in that behalf, IT IS HEREBY ORDERED that the
Babergh District Council shall pay to Mr & Mrs Hart the costs of the appeal
proceedings described in the heading of this decision, limited to those costs
incurred in contesting the Council’s second reason for refusal which relates to
parking provision; such costs to be assessed in the Senior Courts Costs Office if
not agreed.
9. The applicant is now invited to submit to the Council, to whom a copy of this
decision has been sent, details of those costs with a view to reaching
agreement as to the amount.
R Sabu
INSPECTOR
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