Demolition of existing roof and porch and erection of new roof and porch. White render and stone cladding to replace existing facing bricks
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Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 February 2022
by Martin Chandler BSc, MA, MRTPI
an Inspector appointed by the Secretary of State
Decision date: 18 March 2022
Appeal Ref: APP/M3645/D/21/3275936
North Lodge, Featherbed Lane, Warlingham CR6 9PL
• 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 Ioan Riscou against the decision of Tandridge District Council.
• The application Ref TA/2020/2302, dated 19 February 2021, was refused by notice
dated 27 April 2021.
• The development proposed is Demolition of existing roof and porch and erection of new
roof and porch. White render and stone cladding to replace existing facing bricks.
Decision
1. The appeal is allowed, and planning permission is granted for demolition of
existing roof and porch and erection of new roof and porch. White render and
stone cladding to replace existing facing bricks, at North Lodge, Featherbed
Lane, Warlingham CR6 9PL, in accordance with the terms of application
ref: TA/2020/2302, dated 19 February 2021, and subject to the following
conditions:
1) The development hereby approved shall commence within three years of
the date of this decision;
2) The development hereby approved shall be carried out in accordance with
the following drawing numbers: F9188/OS; F9188/03; and
F9188/01 Proposed.
Main Issue
2. The main issue is whether the proposal represents inappropriate development
in the Green Belt.
Reasons
3. The fundamental aim of Green Belt policy in the National Planning Policy
Framework (the Framework) is to prevent urban sprawl by keeping land
permanently open. The essential characteristics of Green Belts are their
openness and their permanence.
4. Paragraph 147 of the Framework states that inappropriate development is, by
definition, harmful to the Green Belt and should not be approved except in very
special circumstances. The construction of new buildings should be regarded as
inappropriate development in the Green Belt. However, an identified exception
to this is the extension or alteration of a building provided that it does not
result in disproportionate additions over and above the size of the original
building.
Appeal Decision APP/M3645/D/21/3275936
2
5. The appeal site is currently occupied by a detached dwelling. Based on the
evidence before me, the building has already been extended in a significant
manner, with a substantial increase in volume from the original building. The
Council refer to a mathematical assessment whereby proposals for an increase
in volume beyond 40% are likely to be deemed disproportionate. Cumulatively,
the proposal would result in an enlargement that would exceed this
percentage.
6. Despite this approach, the justification for Policy DP13 of the Tandridge Local
Plan Part 2: Detailed Policies (2014) (LP) states that when determining what
constitutes a ‘disproportionate addition’, the Council will adopt a pragmatic
approach. It goes on to state that each proposal would be assessed on its own
merits, taking into account the size of the original building, the bulk, height,
mass and prominence of the extension, and the impact of the proposal on the
openness of the Green Belt.
7. Unfortunately, very little analysis regarding these matters appears to have
been undertaken by the Council. Reference has been made to the increased
height of the roof, but the evidence also confirms that the proposal would not
be visually intrusive.
8. The proposal would result in a minor remodelling of the bulk of the building.
However, due to the size and mass of the existing structure, this would not
result in a substantial change to its overall form. Accordingly, despite the
calculations that have been provided by the Council, I find that the changes
would primarily be cosmetic, rather than result in a meaningful increase in the
bulk and mass of the structure.
9. The Council’s concerns are understood, but I find that the case presented does
not provide substantive or compelling evidence to demonstrate a
disproportionate extension. Instead, I am satisfied that the proposed
extensions would complement the existing structure in a manner that would
not materially alter the bulk of the building. Consequently, I find that the
extensions would not be disproportionate to the original building and would not
harm the openness of the Green Belt.
10. Accordingly, I conclude that the proposal would not represent inappropriate
development within the Green Belt. It would therefore comply with the Green
Belt protection aims of the Framework, as well as Policies DP10 and DP13 of
the LP, which taken together establish the local requirements for development
within the Green Belt.
Conditions and Conclusion
11. In light of my findings set out above, conditions are necessary in the interests
of precision and clarity to establish the time limit for the commencement of
development as well as to list the approved drawing numbers.
12. Subject to these, the appeal should be allowed.
Martin Chandler
INSPECTOR
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