Demolition of existing link and erection of part two- storey extension
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Inspector’s Reasoning
Appeal Decision
Site visit made on 18 May 2021
by Benjamin Clarke BA (Hons.) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: Friday, 04 June 2021
Appeal Ref: APP/W1905/D/20/3265832
Oak House Farm, Newgatestreet Road, Goffs Oak, Hertfordshire EN7 5RU
• 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 V. Barclay against the decision of Broxbourne
Borough Council.
• The application Ref: 07/20/0825/HF, dated 1 September 2020, was refused by notice
dated 28 October 2020.
• The development proposed is the demolition of existing link and erection of part two-
storey extension.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• whether the proposed development would be inappropriate in the Green
Belt;
• the effect on the openness of the Green Belt; and
• the effect of the development upon the character and appearance of the
surrounding area.
• if the development is inappropriate, 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
Whether inappropriate development
3. The site is located in the Green Belt. The development plan, in Policy GBR1 of
the Adopted Local Plan 2018-2033 (2020) (the Local Plan) states that
applications should be determined in accordance with national planning policy.
The National Planning Policy Framework (the Framework) regards the erection
of new buildings as generally being inappropriate.
4. There are, however, some exceptions to this that are listed in Paragraph 145 of
the Framework. These include the provision of proportionate extensions to
buildings.
Appeal Decision APP/W1905/D/20/3265832
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5. In this case, the proposal would result in an increase in the building from a
structure that has rooms on the ground floor, with further rooms in the roof
shape, to a two-storey flat roofed building. Whilst this would not result in
significant increase in the building’s floor space, it would result in a significant
increase is mass at parts of the building.
6. This would mean that the form of the building would change from one that has
an ancillary appearance to one that is of more regular proportions, with an
increase in bulk.
7. The flat roof design of the proposed development means that the scheme
would have a similar height to the existing building. However, notwithstanding
this, the proposed development would have a much greater mass arising from
its bulkier design. This means that the similarities in height do not overcome
my previous concerns.
8. Whilst the proposed development would result in a gap between the site of the
proposed development and the main dwelling, this would be comparatively
small. In addition, it would not overcome the adverse effects arising from the
bulk and massing of the proposed development. Therefore, the extension
would be a disproportionate addition to the existing building.
9. I therefore conclude that the proposed development would represent an
inappropriate development in the Green Belt. The development would therefore
conflict with the requirements of Local Plan Policy GBR1 and the Framework.
Effect on the openness of the Green Belt
10. The proposed development would result in a reconfiguration of the existing
building at the front of the property. In summary, the proposed extension
would increase the height of parts of the building and would have a bulkier
form and massing.
11. Owing to the increase in built form, the spatial sense of openness within the
Green Belt would be eroded. In addition, the bulkier massing of the proposed
development would mean that the proposed development would have a notable
increase in the form of the building,
12. This is a concern as the proposed development would be located in close
proximity to the front boundary of the appeal site and would be readily
apparent over the boundary treatments of the property. In consequence, the
proposed development would be readily apparent and would be visible from
several different vantage points in the surrounding area. This means that the
development would result in a loss of the physical sense of the openness within
this section of the Green Belt.
13. The appeal site features some boundary treatments, including hedges.
However, owing to the form and positioning of the development is such that
the screening would not be significant and would not overcome the adverse
effects as previously described. In addition, the screening effect offered by
hedging is likely to vary depending on season and its health. Therefore, this
does not provide me with sufficient certainty that this could be retained
throughout the life of the development.
14. Whilst I note that the vicinity of the appeal site features several different
buildings, these buildings are generally set back from the highway edge and
Appeal Decision APP/W1905/D/20/3265832
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within areas of landscaping. In consequence, the existing buildings are
consistent with the more open character of the wider surrounding area.
15. In contrast the proposed development would result in the provision of a
disproportionate addition in a prominent location. In consequence, the
proposed development would result in an erosion of the area’s openness. The
presence of developments elsewhere does not overcome my previous concerns.
16. I therefore conclude that the proposal would result in an adverse effect on the
level of openness in the Green Belt. The development would therefore conflict
with Local Plan Policy GBR1 and the Framework. Amongst other matters, these
seek to ensure that the openness Green Belt’s openness is retained.
Character and appearance
17. The appeal site is located on the periphery of a residential area. The appeal site
and its surroundings consist of buildings constructed to a variety of designs.
These are generally set back from the boundaries of their respective sites. In
addition, outbuildings such as garages are constructed to designs that have an
ancillary design. These features mean that the character and appearance of the
surrounding area can be summarised as being complimentary towards the
more rural surroundings of the wider area.
18. The proposed development would result in a larger building closer the front
boundary of the site, which would be prominently located. The proposal would
therefore result in significant increase in built form that would erode the
prevailing character within the surrounding area.
19. In addition, the development would result in a large building close to the
highway edge, which would also erode the character of the area as the
relationship between dwellings and their landscaped settings would be eroded.
20. The proposed development would be prominently located adjacent to the
highway. The erosion of the area’s character would therefore be readily
apparent. This would be exacerbated by the relatively level topography of the
appeal site and the surrounding area, which would enable views of the
development from some distance away.
21. In result, the distinctive character of the surrounding area, which can be
defined as including dwellings with appropriately designed extensions and
outbuildings in an open and landscaped setting would be eroded.
22. I therefore conclude that the proposed development would have an adverse
effect on the character and appearance of the surrounding area. The
development, in this regard, would conflict with Policies DCS1 and DCS2 of the
Local Plan, and the Borough-Wide Supplementary Planning Guidance (2004,
updated 2013). Amongst other matters, these seek to ensure that new
developments where possible enhance local distinctiveness; respect the
character and design of the existing building; and be visually integrated with
the main building.
Other Matters
23. I acknowledge efforts made by the appellant in attempting to overcome a
previous refusal of planning permission. Whilst this is a matter of note, it does
not overcome my findings in respect of the Main Issues.
Appeal Decision APP/W1905/D/20/3265832
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24. I am also aware of concerns raised by the appellant regarding the manner in
which the planning application was determined by the Council. However, in
assessing this appeal, I have limited my considerations to the planning matters
before me.
Planning Balance and Conclusion
25. The development plan and Framework set out the general presumption against
inappropriate development within the Green Belt. They explain that such
development should not be approved except in very special circumstances.
Very special circumstances to justify inappropriate development will not exist
unless the potential harm to the Green Belt, by reason of inappropriateness,
and any other harm, is clearly outweighed by other considerations.
26. I have concluded that the appeal scheme would be inappropriate development
and would, by definition, harm the Green Belt. In so doing I have found harm
to the openness of the Green Belt. Paragraph 144 of the Framework requires
substantial weight to be given to any harm to the Green Belt.
27. The other considerations I have identified individually and collectively carry a
limited weight in favour of the proposal. As such the harm to the Green Belt is
not clearly outweighed by the other considerations identified, and therefore the
very special circumstances necessary to justify the development do not exist.
28. In addition, the proposal would also harm the character and appearance of the
area. The scheme would therefore conflict with the development plan taken as
a whole. There are no material considerations, including the National Planning
Policy Framework, that indicate the decision should be made other than in
accordance with the development plan. Therefore, for the preceding reasons, I
conclude that the appeal should be dismissed.
Benjamin Clarke
INSPECTOR
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