First floor front extension, raise ridge height, erect dormer to rear and alter elevations
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Green Belt Policy
Policy Weight
Rural Impact
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 September 2022 by Hilary Senior BA (Hons) MCD MRTPI
Decision by Chris Forrett BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 07 November 2022
Appeal Ref: APP/B1550/D/22/3291027
Belle Lodge Lower Road, Hockley, SS5 5LD
• 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 Cole against the decision of Rochford District Council.
• The application Ref 21/00990/FUL, dated 1 September 2021, was refused by notice
dated 29 October 2021.
• The development proposed is “first floor front extension, raise ridge height, erect
dormer to rear and alter elevations.”
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 any harm by reason of inappropriateness, and any other harm,
would be clearly outweighed by other considerations, so as to amount to
the very special circumstances required to justify the proposal.
Reasons for the Recommendation
Whether the proposal would be inappropriate development
4. The appeal site, which lies within the designated Green Belt, includes a
previously extended detached dwelling set back from the road. It is also
located in an area with sporadic residential and commercial development.
5. Paragraph 137 of the Framework outlines the fundamental aim of Green Belt
policy which is to prevent urban sprawl by keeping land permanently open.
The essential characteristics of Green Belts are their openness and their
permanence. The Framework, at paragraphs 149 and 150, set out the
categories of development which may be regarded as not inappropriate in the
Green Belt, subject to certain conditions.
Appeal Decision APP/B1550/D/22/3291027
2
6. Paragraph 149c) sets out that new buildings within the Green Belt are
inappropriate unless any extension or alteration of a building is such that it
does not result in disproportionate additions over and above the size of the
original building. In this case, the dwelling has previously been extended with
several small single storey extensions and dormers to the rear, over and above
the original building.
7. The Framework does not define what a disproportionate addition would be. An
assessment of whether the proposal would be disproportionate to the original
building is therefore a matter of planning judgement but the overall size of the
building (either in terms of footprint, floorspace or volume) is clearly an
important factor. Policy DM17 of the Rochford District Council Development
Management Plan (2014) (LP) seeks to protect the Green Belt by limiting the
increase in internal floorspace of the original dwelling to no more than 25%. It
is common ground that in this case the proposed extensions would increase the
floorspace by approximately 59% from the original property, which is well in
excess of the 25% guideline in Policy DM17.
8. I acknowledge the extension has been designed to increase the height of the
dwelling rather than enlarging its footprint. However, the proposal would add to
the bulk and massing of the original building, particularly at first floor level,
and would significantly increase its height and scale when compared to the
original building. This is particularly the case in respect of the front elevation.
As such it would appear visually disproportionate to the original building.
9. Taking the above factors into account, the proposal would be a
disproportionate addition to the dwelling and would not therefore fall within
exception set out in paragraph 149c) of the Framework. It therefore follows
that it would be inappropriate development in the Green Belt. It would also be
contrary to Policy DM17 of the LP which has similar aims.
Effect on openness
10. One of the five purposes of a Green Belt, outlined at paragraph 138 of the
Framework, is that it should assist in safeguarding the countryside from
encroachment.
11. The proposal would increase the mass and bulk of the building at first floor
level. As the host dwelling is adjoined by open fields, it would be highly visible
in the street scene and the surrounding area. Consequently, albeit to a limited
degree, the proposal would, in both visual and spatial terms, harm the
openness of the Green Belt.
12. I therefore conclude that the development would lead to a loss of Green Belt
openness and would impact on the Green Belt purpose of safeguarding the
countryside from encroachment, contrary to the Framework.
Other considerations
13. The appellant’s written statement of case suggests that the proposal is not
inappropriate development in the Green Belt and as such no other
considerations have explicitly been advanced which could be considered to be
very special circumstances. That said, I acknowledge the need for additional
family accommodation, the generous spatial setting of the host property and
that the proposal would integrate with the character and design of other
properties in the area.
Appeal Decision APP/B1550/D/22/3291027
3
Green Belt balance
14. The Framework indicates that inappropriate development is, by definition,
harmful to the Green Belt and should not be approved except in very special
circumstances. Therefore, substantial weight should be given to the harm to
the Green Belt. 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. 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 148 of the Framework states that
substantial weight should be given to any harm to the Green Belt.
16. Taking into account all of the other considerations put forward in support of the
proposal, I consider that these only attract very limited weight in favour of the
proposal.
17. Therefore, in considering the substantial weight given to the Green Belt, 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 DM17 of the LP which together seek to
protect the Green Belt.
Conclusion and Recommendation
18. The proposed development conflicts with the development plan as a whole and
there are no other considerations, that outweigh this conflict. I therefore
recommend that the appeal is dismissed.
Hilary Senior
APPEAL PLANNING OFFICER
Inspector’s Decision
19. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is dismissed.
Chris Forrett
INSPECTOR
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