Described on the planning application form as ‘alter existing rear conservatory and build first floor extension over
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Green Belt Policy
Residential Amenity
Fallback Position
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 July 2018
by Michael Evans BA MA MPhil DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 13 July 2018
Appeal Ref: APP/U1240/D/18/3201680
Homeleigh, Forest Way Access to Hope Farm Oakleigh, Holtwood
BH21 7DU
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 Kevin Lloyd against the decision of East Dorset District
Council.
The application Ref 3/18/0211/HOU was refused by notice dated 28 March 2018.
The development proposed is described on the planning application form as ‘alter
existing rear conservatory and build first floor extension over’.
Decision
1. The appeal is dismissed.
Main issue
2. The main issue in this appeal is whether the proposed development amounts to
inappropriate development in the Green Belt for the purposes of the National
Planning Policy Framework (The Framework) and, if so, 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
Inappropriate development
3. The appeal concerns a detached dwelling located within the Green Belt where
Government policy in the Framework identifies development that would not be
inappropriate. The extension or alteration of a building is not inappropriate
provided that it does not result in disproportionate additions over and above the
size of the original building. Inappropriate development should not be approved
except in very special circumstances, which 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.
4. The Council indicates that the property has been subject to significant previous
enlargement with the footprint and volume of the original dwelling both
practically doubling. The proposed extension would add about a further 100
cubic metres to the built volume. These figures are not disputed by the
Appellant. Given the magnitude of such a cumulative increase in size I have no
doubt that the scheme would result in disproportionate additions to the original
Appeal Decision APP/U1240/D/18/3201680
2
dwelling. In consequence, it is concluded that the proposal would comprise
inappropriate development in the Green Belt.
Openness of Green Belt
5. The extension would result in appreciable additional built volume above the
existing conservatory. The width of the dwelling to the sides at first floor and
roof level would significantly increase with additional bulk arising from the
crown roof form. In consequence, despite the first floor extension not
increasing the ground coverage of the dwelling, the openness of the Green Belt
would be materially reduced. This would occur independently of views from
outside the site. Nevertheless, I saw at my site visit that this adverse effect
would be apparent from the adjacent lane to the west.
6. It is explained in the Framework that the essential characteristics of Green Belts
are their openness and permanence. As a result, significant harm would be
caused to the openness of the Green Belt. Policy GB3 of the East Dorset Local
Plan was adopted in 2002 and is not entirely consistent with Green Belt policy in
the more recent Framework. Nevertheless, for the above reasons the extension
would materially adversely increase the impact of the dwelling on the openness
of the Green Belt through its bulk. It would therefore conflict with policy GB3,
which, among other things, seeks to prevent such detrimental effects.
Other considerations
7. The Appellant indicates that a first floor extension could be built under
permitted development rights. I have considered the submitted drawings of
this scheme and the side elevation showing the difference with the appeal
proposal. However, the fall-back proposal would be smaller, with its depth
being only 3m compared to the 3.45m of that now proposed and so have a
lesser impact on the openness of the Green Belt. In consequence, there would
be no benefit in allowing the appeal as there might be from seeking to prevent
the construction of a development having a greater effect than the appeal
scheme. This consideration therefore lends no weight in favour of the appeal.
8. The proposal would have no detrimental effect on the living conditions of the
occupiers of nearby dwellings in terms of matters such as privacy. The design
of the extension would be of a suitable standard. However, mere acceptability
means that these matters do not weigh positively in favour of the appeal.
Conclusion
9. Harm would be caused to the Green Belt due to inappropriate development and
a loss of openness. In accordance with Paragraph 88 of the Framework
substantial weight should be afforded to this harm. For the above reasons,
other considerations do not weigh in favour of the proposal and cannot
therefore clearly outweigh the harmful effect of the development. There can, in
consequence, be no very special circumstances and the proposal would be
contrary to Framework policies concerning the Green Belt. It is therefore
determined that the appeal fails.
M Evans
INSPECTOR
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