Erection of first floor side extension, single storey front porch extension and installation of external wall insulation
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Ecology & Biodiversity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 October 2018
by S Edwards MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 November 2018
Appeal Ref: APP/J9497/D/18/3207341
2 Forestry Houses, Bellever, Postbridge, Yelverton, Devon PL20 6TW
The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
The appeal is made by Mr Anand Chetan against the decision of Dartmoor National Park
Authority.
The application Ref 0017/18, dated 13 December 2017, was refused by notice dated
8 May 2018.
The development proposed is erection of first floor side extension, single storey front
porch extension and installation of external wall insulation.
Decision
1. The appeal is allowed and planning permission is granted for erection of first
floor side extension, single storey front porch extension and installation of
external wall insulation at 2 Forestry Houses, Bellever, Postbridge, Yelverton,
Devon PL20 6TW, in accordance with the terms of the application, Ref 0017/18,
dated 13 December 2017, subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: 296J-11, 296J-12, 296H-2, site
location plan (received 8 January 2018).
3) Notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) (England) Order 2015 (or any order
revoking and re-enacting that Order with or without modification), no
windows, dormer windows or rooflights, other than those expressly
authorised by this permission shall be constructed.
4) Unless otherwise agreed in writing by the local planning authority, the
development hereby permitted shall be implemented in strict accordance
with the recommendations in Section 4 of the protected species survey
report (Richard Green Ecology, January 2018), subject to any variation
required by Natural England under any license issued.
5) The materials and colours to be used in the construction of the external
surfaces of the extension hereby permitted shall match the elevations to
which the extension is to be added, unless otherwise agreed in writing by
the local planning authority, and such work shall be completed prior to
occupation of the development granted by this permission.
Appeal Decision APP/J9497/D/18/3207341
2
Application for costs
2. An application for costs was made by Mr Anand Chetan against Dartmoor
National Park Authority. This application is the subject of a separate Decision.
Procedural Matter
3. The description of the proposal adopted by the Authority on the decision notice
differs from that stated on the planning application form. Whilst I have had
regard to the appellant’s description, I am satisfied that the Authority’s more
detailed version adequately describes the proposal, which is the one I have
therefore adopted.
Main Issue
4. The main issue is the effect of the proposal upon the character and appearance
of the area.
Reasons
5. The appeal property forms part of a group of four pairs of semi-detached
properties set prominently in an elevated position on a hillside within Dartmoor
National Park. These dwellings, which were originally built for workers of the
Forestry Commission, are constructed of rendered brick, with a slate roof. By
reason of their identical appearance, distinctive, symmetrical design and
regular pattern reinforced by their staggered sitting, these houses make an
important contribution to the landscape and, in the words of the Case Officer,
represent an iconic image of Bellever.
6. The proposed first floor side extension and porch elements were considered
acceptable in principle at a previous dismissed appeal1, and there is no reason
for me to take a different view. Whilst the side extension in particular would
disrupt the visual symmetry of this pair of semi-detached properties, the
design approach would ensure that it appears in keeping with and subservient
to the host property. In addition, having regard to the existing landscaping,
topography and orientation of the Forestry Houses, the visual impact of the
proposal would remain limited.
7. I have had regard to the comments provided by Historic England, who were
asked to consider 1-8 Forestry Houses for listing. However, whilst Historic
England highlighted their importance as buildings of strong local interest, as
well as distinctive and well-planned examples of post-war housing in a
prominent location, I note that they decided not to recommend these
properties for listing.
8. I therefore conclude that the proposed development would have an acceptable
effect upon the character and appearance of the locality. Consequently, there
would be no conflict with Policies COR1, COR3, COR4 of the Dartmoor National
Park Authority: Local Development Framework Core Strategy Development
Plan Document (adopted in June 2008) and Policies DM7 and DMD24 of the
Dartmoor National Park Authority: Development Management and Delivery
Development Plan Document (adopted in July 2013). These require new
development to be sustainable and of a high quality design, whilst having
1 APP/J9497/D/17/3168336
Appeal Decision APP/J9497/D/18/3207341
3
regard to local distinctiveness and in particular the characteristic landscapes
which define this national park.
Other matters
9. I have taken into consideration the points raised regarding the effect of the
proposal upon the living conditions of neighbouring residents, but note that no
additional windows would be proposed at first floor level, other than on the rear
elevation. In addition, I am satisfied that the imposed conditions would address
these issues, notably by ensuring the removal of permitted development rights
for the formation of additional windows and rooflights.
10. Concerns have been raised by local residents regarding the existence of
covenants, but these are dealt with under separate legislation, and fall outside
my jurisdiction.
Conditions
11. The Authority has referred to those conditions suggested in the Case Officer
report to the Planning Committee. The appellant has confirmed his agreement
to these, to the exception of condition 3, which seeks to remove permitted
development rights for the installation of additional windows and rooflights. As
mentioned above, I however consider that this condition is necessary to
preserve the living conditions of neighbouring residents.
12. I have considered the other conditions suggested by the Authority, making
minor amendments where necessary, to ensure compliance with the tests as
set within the Framework and the Planning Practice Guidance. I have imposed
a condition specifying the relevant drawings as this provides certainty. The
requirement to use matching materials is considered necessary to ensure that
the additions remain in keeping with the host property. A condition requiring
the implementation of the measures contained within the protected species
survey report is required, in order to ensure that habitats are not adversely
affected by the proposal.
Conclusion
13. For the reasons given above, I conclude that the appeal should be allowed.
S Edwards
INSPECTOR
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.