Described on the planning application form as ‘Two storey side extension, single storey rear extension, single storey front (garage) extension, replacement windows throughout
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Green Belt Policy
Policy Weight
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 July 2018
by Michael Evans BA MA MPhil DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 August 2018
Appeal Ref: APP/P0240/D/18/3201809
87 Woodside Road, Woodside LU1 4DJ
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 Mark Oliver against the decision of Central Bedfordshire
Council.
The application Ref CB/17/05935/FULL was refused by notice dated 8 February 2018.
The development proposed is described on the planning application form as ‘Two storey
side extension, single storey rear extension, single storey front (garage) extension,
replacement windows throughout’.
Decision
1. The appeal is dismissed.
Main issues
2. The main issues in this appeal are:
- Whether the proposed development amounts to inappropriate
development in the Green Belt for the purposes of the
National Planning Policy Framework (The Framework) and the
development plan.
- The effect on the openness of the Green Belt.
- The effect on the character and appearance of the locality.
- 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
Inappropriate development
3. The appeal concerns an end of terrace 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
Appeal Decision APP/P0240/D/18/3201809
2
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 resulting from the proposal, is clearly outweighed by other
considerations.
4. Policy H13 of the South Bedfordshire Local Plan Review (LP) 2004 restricts
house extensions in the Green Belt and is broadly in accordance with the
Framework. Whilst Policy H13 does not identify specific numerical thresholds
for extensions in the Green Belt, The Central Bedfordshire Design Guide (DG)
2014 includes a guiding principle to not add to the original building by more
than 60% and the impact of the extension in terms of floorspace, volume,
massing and design will be considered.
5. The Appellant refers to a Neighbourhood Plan Background Evidence and
Sustainability Appraisal Scoping Report and a Central Bedfordshire and Luton
Green Belt Study. However, these are not planning policy documents against
which I must consider this appeal. The Appellant also questions the inclusion of
Woodside within the Green Belt. However, the extent of the Green Belt is a
matter for the development plan process and not for me to consider in the
context of a section 78 appeal where I must apply the relevant policies
identified above. Moreover, these policies apply regardless of matters such as
the village character of the locality and other houses in the vicinity.
6. There is no evidence of any previous enlargement so that for the purposes of
assessing proportionality the existing dwelling comprises the original building.
The Council calculates that the enlargement now proposed would result in a
floorspace increase of 86%. A footprint increase of 78% is also indicated but
this is not one of the factors identified in the DG for assessing the increase in
size and if there would be development at first floor level where there are
existing ground floor parts, as in this case, would understate the increase in
size.
7. Nevertheless, both of these calculations would significantly exceed the DG
figure of 60%. The Appellant suggests that there would be a 60% increase in
footprint and an additional 80% of floor area but unlike the Council no detailed
calculations have been provided. For this reason alone the Council’s figures are
more credible, although an 80% increase in floor area would exceed the
threshold by a third anyway. Moreover, the width of the dwelling at two storey
height would virtually double, resulting in a fairly substantial increase in built
volume and massing.
8. Due to the size of the proposed enlargement I have no doubt that the appeal
scheme would result in disproportionate additions to the original building. It is
therefore concluded that the proposal would comprise inappropriate
development in the Green Belt for the purposes of the Framework and
development plan.
9. The Appellant suggests that significant development has taken place in
Woodside Road since 1947 with reference to an Ordnance Survey plan and
more recent aerial photographs. Reference is also made to specific
development such as two dwellings next to 97 Woodside Road. It is also
suggested that extensions have been built at 97, with the latter property having
a 147% increase in floor area. It is also said that all the properties in the host
terrace have been the subject of considerable enlargement. However, without
the full details and background to any particular case no meaningful comparison
Appeal Decision APP/P0240/D/18/3201809
3
can be made with the current proposal and there is nothing to demonstrate that
the Council’s decision making has been unreasonably inconsistent.
Openness of Green Belt
10.It is explained in the Framework that the essential characteristics of Green Belts
are their openness and permanence. The openness of the Green Belt results
from an absence of built development. By significantly increasing the footprint
of the dwelling and building at first floor level, additional built volume would be
created where there currently is none. In consequence, the openness of the
Green Belt would be materially reduced and therefore harmed. This would
occur regardless of factors such as the relatively large plot size, front garden,
distance of the dwelling from the road and the presence of other properties in
the vicinity.
Character and appearance
11.There is a fairly large gap between the single storey lean-to and first floor flank
wall of the host dwelling to the side of the adjacent property. This is reflected
in a number of other fairly similar spaces between properties in the vicinity,
which give a relatively spacious and open character.
12.However, because of its width the extension would bring two storey
development unacceptably close to the boundary, detracting from this open and
spacious character, while appearing relatively cramped. The Appellant suggests
that the one metre gap to the side boundary would comply with the DG.
13.DG section 7.03.06 refers to semi-detached and detached properties but the
gaps between dwellings can be of value to the streetscene in relation to
terraced dwellings, as in this case, and I see no reason not to apply this advice.
Moreover, this indicates that one metre is a minimum distance and could be
larger if properties have wider spaces between them, which I consider applies in
this instance.
14.The two storey side addition would also be of excessive width relative to the
host dwelling, creating a visually discordant relationship readily apparent from
the street. This would not be significantly mitigated by the set-back from the
front of the host dwelling and down from its ridge. Rather than appearing
subservient, the addition would be overly dominant, with this being emphasised
by the forward projection of the integral garage.
15.Due to these factors, the character and appearance of the locality would be
harmed despite matters such as the varied designs and styles of properties in
the street and the proposed use of suitable materials. There would be conflict
with the aim of LP Policy BE8 to ensure that new development harmonises with
the local surroundings and enhances or reinforces the character and local
distinctiveness of the area. The development would also be at odds with the
intention of Policy H8 that extensions should take account of the character of
the site and surroundings. It would also be contrary to the advice in the DG
that the width of extensions should be significantly less than that of the main
house.
Other considerations
16.The Appellant claims that the host dwelling is unusable for the main reason that
there is a tight and steep staircase enabling access to the first floor that is
Appeal Decision APP/P0240/D/18/3201809
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hazardous and does not comply with the Building Regulations. At my site visit I
did not consider it particularly difficult to use and no technical evidence has
been submitted to demonstrate specific deficiencies in relation to the Building
Regulations. Despite the introduction of a new staircase in the appeal scheme,
I also note that it would be retained.
17.It is also suggested that the kitchen and utility areas are unduly narrow, with
the kitchen having an outlook facing the gable of the adjacent dwelling. The
second bedroom is fairly small but had a single bed in it that was made up at
the time of my site visit with space to reach it, so that it was clearly capable of
being used. Other matters such as a desire for a modern bathroom and kitchen
are stated.
18.Nevertheless, I am not persuaded that the quality of the accommodation could
not be significantly improved without enlargement of the nature, size and scale
now proposed. The Appellant suggests that the proposed scheme is justified on
the basis of financial viability but no valuation evidence has been provided to
support this claim. While the existing property is of a fairly modest size, I am
not therefore satisfied that this matter should be afforded more than modest
weight.
19.This is a case where the relevant development plan policies are not out of date.
As a result of this and because of the conflict with the development plan the
appeal scheme cannot benefit from the presumption in favour of sustainable
development set out in the Framework.
Conclusion
20.Harm would be caused to the Green Belt due to inappropriate development and
a loss of openness. In accordance with the Framework substantial weight
should be afforded to the harm to the Green Belt. Additional harm would be
caused to the character and appearance of the locality to which I afford
significant weight. Due to the conclusions reached above, other considerations
do not clearly outweigh the harmful effect of the development. There can, in
consequence, be no very special circumstances and the proposal would be
contrary to the Framework policies concerning the Green Belt. There would also
be conflict with the development plan. It is therefore determined that the
appeal fails.
M Evans
INSPECTOR
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