Side extension and external staircase to garage to create additional storage area above and six rooflights, increase roof height to existing side extension with 2 front and 4 rear roof lights to create additional storage area, provide sliding doors to existing storage area below terrace and alterations to front windows
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Green Belt Policy
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 March 2023
by Robin Buchanan BA (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 13th April 2023
Appeal Ref: APP/K0425/D/22/3298900
30 Frieth Road, Marlow SL7 2QT
• 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 Ehson Alipour against the decision of Buckinghamshire
Council.
• The application Ref 20/07325/FUL, dated 7 September 2020, was refused by notice
dated 18 February 2022.
• The development proposed is side extension and external staircase to garage to create
additional storage area above and six rooflights, increase roof height to existing side
extension with 2 front and 4 rear roof lights to create additional storage area, provide
sliding doors to existing storage area below terrace and alterations to front windows.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this appeal are:
• whether the proposal is inappropriate development in the Green Belt,
having regard to local and national planning policy;
• if it is inappropriate development, its effect on the openness and
purposes of the Green Belt;
• the effect of the proposal on the landscape and scenic beauty of the
Chilterns Area of Outstanding Natural Beauty; and
• whether any harm by reason of inappropriateness, or any other harm, is
clearly outweighed by other considerations so as to amount to very
special circumstances required to justify the proposal.
Reasons
3. Policy CP8 of the Council’s Local Plan1 (the LP) protects the Green Belt from
inappropriate development. Under LP policy DM42(1)(b)(iii) a relevant
exception to inappropriate development is for the extension of dwellings.
In this case, it is subject to LP policy DM43(1)(e) which sets out that the total
volume of the resulting building shall be no more than the volume of the
original building plus 50%, and also LP policy DM43(3) in that development is
required to respect the open character of the Green Belt and appear
proportionate to the original dwelling, taking particular account of visual
1 Wycombe District Local Plan August 2019
Appeal Decision APP/K0425/D/22/3298900
2
impact. LP policy DM42(2) confirms that inappropriate development will be
refused unless very special circumstances exist, which it refers to as when the
harm to the Green Belt by reason of inappropriateness, and any other harm, is
clearly outweighed by other considerations.
4. The LP is broadly consistent with the National Planning Policy Framework
(the Framework) in these regards, albeit that it does not reflect the precise
wording of the exception at Framework paragraph 149 c); namely, that the
extension of a building in the Green Belt should be regarded as inappropriate
development unless it does not result in disproportionate additions over and
above the size of the original building. The Framework does not refer to
building ‘volume’. I have taken these matters into account in my decision.
5. In its first reason for refusal the Council cited LP policy DM20 which applies
Framework policy to certain development types. None of the types listed are
relevant to this appeal.
Whether inappropriate development
6. The proposal would increase building volume over and above the original
dwelling by at least 72% according to the Council; or the appellant says by
‘less than 100%’. Either way, there is no dispute that the existing dwelling,
which includes previous extensions granted planning permission, already
exceeds the volume of the original dwelling by more than 50%.
7. In addition, the proposal would increase the height of the existing dwelling at
each side. On one side a steeper front roof slope pitch would angle further
forward and the ridge would protrude above the main ridge of the dwelling.
On the other side a shallow, low pitched asymmetric roof would be replaced by
a taller dual pitched front facing gabled roof with higher ridge. These parts of
the resulting dwelling would also stretch further back in-depth on the site at a
higher level. This would significantly increase the size of the external envelope
and floorspace of the existing dwelling.
8. The impact of development on the openness of the Green Belt is implicitly
taken into account in the relevant Framework exception in this case. It is not
expressly stated in paragraph 149 c) as a determinative factor in gauging
inappropriateness, as the appellant otherwise suggests.
9. The proposal would not, therefore, protect the Green Belt. The resulting
dwelling would exceed, by substantially greater than 50%, the volume of the
original dwelling so does not comply with LP policies CP8, DM42(1)(b)(iii) and
DM43(1)(e). Furthermore, this disproportionate addition over and above the
size of the original building conflicts with Framework paragraph 149 c).
Accordingly, I find that the proposal would be inappropriate development in the
Green Belt.
Effect on openness and purposes
10. Enclosing the existing lower ground floor storage area would have no tangible
effect on openness because it is under the raised rear terrace. The side
extensions would be built over parts of the existing dwelling so not enlarge its
footprint. However, these would establish additional built form on the site at a
higher level with appreciable vertical height and significant overall scale and
massing where there is none at present. These parts of the site would no
longer be open in any equivalent or comparative sense to their existing
Appeal Decision APP/K0425/D/22/3298900
3
condition, nor would they remain unchanged. This development would have a
permanent innate spatial presence and a clear visual presence facing Frieth
Road. It would result in a further spread of development on the site and, albeit
a small loss, reduce the openness of the Green Belt which is one of its essential
characteristics.
11. I find that the proposal therefore does not comply with LP policy DM43(3),
which requires development to respect the open character of the Green Belt
and is at odds with the Council’s objectives for LP policy CP8 which are
informed by an area assessment of the Green Belt purposes. It also conflicts
with Framework paragraph 137 and a fundamental aim of Green Belt policy to
keep land in the Green Belt permanently open; as well as paragraph 138 and a
purpose of the Green Belt to safeguard the countryside from encroachment.
Chilterns Area of Outstanding Natural Beauty (the AONB)
12. The AONB is a nationally designated landscape. It has the highest status of
protection in relation to conserving and enhancing its landscape and scenic
beauty. Its distinctiveness includes small hamlets of ribbons of buildings along
main streets on ridges which, despite infilling development, do not intrude
significantly on the landscape and preserve vistas towards adjoining
countryside.
13. The existing dwelling is in a ribbon of houses and bungalows along the east
side of Frieth Road. The land behind them slopes down from this ridgeline
towards a valley bottom and rises again across the far valley side. Though
mostly individually designed and closely spaced, these dwellings mainly sit
within their plots away from side boundaries. Many of the dwellings have a
broadly similar pattern and sequence of taller central main roofs with, where
present, lower, mainly hipped roof slopes or projecting gables at one or both
sides. The gaps between dwellings and the sequence and pattern of roof form
maintains a rural feel along the road, give a sense of spaciousness and allows
longer distance views of the sky or the landscape beyond.
14. The existing dwelling has a modern architectural design with contemporary
external materials. It is quite different in these respects to the mostly
traditionally designed older or replacement dwellings near it, including on both
sides; but no less compatible in these regards to some instances of similar
modern dwellings in this ribbon of residential development. The proposed side
extensions would complement the dwelling in these regards and consolidate
some disparate parts of the building at the rear.
15. However, a long shallow main monopitch roof ridge and eave line stretches
across most of the front elevation of the dwelling at two storey height. This
roof form is repeated below at first floor level. This gives a clear horizontal
emphasis to the dwelling, with a main taller central section stepping down
to subservient single storey parts either side up to the site boundaries. In
contrast, the proposed extension on one side would result in a small absolute
vertical height increase but in scale and massing nevertheless project
appreciably above and beyond the main roof. Despite a pitched gable roof the
other side extension would significantly erode the existing step down in roof
profile. There would be a notably greater vertical emphasis to these parts of
the dwelling and to the dwelling overall.
Appeal Decision APP/K0425/D/22/3298900
4
16. Built form would not be closer to either adjoining dwelling or as would appear
in perpendicular views. But taken with the increased depth of built form at the
rear at this higher level, the more dominant part of the resulting building would
reduce these gaps and spaciousness in angled views. This tighter arrangement
of built form would unduly restrict views past the enlarged dwelling, including
over parts of the roof, towards a skyline and the countryside beyond. It would
give a bulkier appearance to the dwelling in relation to the adjoining dwellings
and this part of the ribbon of residential development.
17. The taller side extensions and a greater impression of built form at either side
of the dwelling would have a jarring presence, at odds with the existing
dwelling and the broad prevailing pattern and sequence of roof form near it and
elsewhere along the road. Moreover, the regular rectangular shaped front
elevation profile of one extension would contrast manifestly with the dual pitch
roof slope and gable of the other. This would give an incoherent and
unbalanced appearance to the front elevation of the dwelling.
18. The existing dwelling works with the slope of the land, with a relatively low
profile at the front inset into the slope down from the road and stepping down
the slope at the rear and nestles into the streetscene. Its limited, receding
presence would be undermined by the insensitive design and layout of the side
extensions. These would not be a good fit on the site or well-integrated into the
streetscene. This would adversely affect the visual amenity of the site in
relation to its immediate surroundings, detract from sense of place and erode
the character and appearance of this part of the countryside. Though set back
from the road, the open plan front garden at the site and near it on both sides,
and with an elevated vantage point from the road, mean that the side
extensions would be conspicuous in the streetscene in public views in either
direction.
19. I find that the proposal would not, therefore, conserve or enhance the
landscape or scenic beauty of the AONB and cause significant harm to the
AONB. It does not therefore comply with LP policies CP9, DM30, DM35 and
DM36. These policies include that development in the AONB should achieve a
high-quality sense of place and attractive buildings, including spaces around
them, respect the character and appearance of an existing property and
improve the local area in these respects, be subservient in scale, conserve the
natural environment and where possible enhance natural beauty.
Other considerations
20. The Council granted panning permissions for development at No.32 Frieth Road
next to the site2. However, the initial replacement dwelling (not extensions to
an existing dwelling) was considered under a different adopted development
plan. The original dwelling was ‘substantially smaller’ than neighbouring
properties and the Council allowed more than a 50% building volume increase.
An amendment to the approved dwelling added 1.5m to the roof level to avoid
a crown roof and was a small increase in building volume.
21. The appellant has concerns with the Council’s assessment of a final application
at No.32 for a side extension, but this is not a matter before me in this appeal.
In any event that proposal also included a double detached garage. In further
2 18/07450/FUL, 8/07450/FUL and 19/07256/VCDN
Appeal Decision APP/K0425/D/22/3298900
5
contrast to the current appeal, the plot at No.32 is wider, the dwelling doesn’t
stretch across all of it and is set much further back on the plot from the road.
22. The garage at No.26 Frieth Road on the other side of the site has a similar form
to the closest proposed side extension. However, it is detached, significantly
lower to eave and ridge levels and has much less scale and massing.
23. Planning permission was granted on appeal for development at No.44 Frieth
Road3. However, this was also a replacement dwelling. This decision was
made against a different adopted development plan which included a
relevant exception for development that exceeded (then) floorspace increase
limitations. It was also a previous national Green Belt policy regime.
This dwelling was in any event split level with a single storey facing the road.
24. The development at nearby sites that I have been referred to is not, therefore,
directly comparable. As such, I give little weight to these considerations in
support of the proposal.
25. The additional storage facilities would add to the appellant’s enjoyment and
occupation of the dwelling. However, this would be a private, not public, benefit
so has little weight in support of the proposal.
Green Belt Balance
26. The proposal is, by virtue of the side extensions, inappropriate development
which is by definition harmful to the Green Belt. The limited harm to the
openness and purposes of the Green Belt in this case is nonetheless at odds
with local and national policy to protect the Green Belt. Any harm to the
Green Belt is a matter that carries substantial weight. Additionally, there is
significant harm to the AONB and the proposal would not protect a valued
landscape; whereas great weight should be given to conserving landscape and
scenic beauty in Areas of Outstanding Natural Beauty.
27. The other considerations outlined above are therefore individually and
cumulatively of insufficient weight to clearly outweigh the totality of the harm.
Consequently, very special circumstances to justify the development do not
exist. As such, the proposal does not comply with LP policy DM42(2), which
states that inappropriate development will be refused unless there are very
special circumstances, and it conflicts with Framework paragraph 148.
Planning Balance and Conclusion
28. The proposal does not accord with the development plan taken as a whole and
it conflicts with the Framework. There are no additional considerations to
outweigh these findings.
29. Consequently, for the reasons given above the proposal is unacceptable and
the appeal does not succeed.
Robin Buchanan
INSPECTOR
3 APP/K0425/A/04/1152454
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.