Single storey detached building to form garaging and store

Appeal Decision Site visit made on 25 October 2018 by Lynne Evans BA MA MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 9 November 2018 Appeal Ref: APP/X0415/D/18/3209591 Grey Cottage, Nairdwood Lane, Prestwood, Great Missenden HP16 0QF  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 Mrs Helen Brown against the decision of Chiltern District Council.  The application Ref CH/2018/0850/FA dated 11 May 2018, was refused by notice dated 6 July 2018.  The development proposed is single storey detached building to form garaging and store. Decision 1. The appeal is allowed and planning permission is granted for single storey detached building to form garaging and store at Grey Cottage, Nairdwood Lane, Prestwood, Great Missenden HP16 0QF in accordance with the terms of the application, Ref: CH/2018/0850/FA dated 11 May 2018, 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: 01; 02B; 03A and 04A. 3) The materials to be used in the construction of the external surfaces of the development hereby permitted shall accord with those shown on Plan 04A. 4) The existing trees, bushes and planting shown to be retained on Plan 02B shall be protected by strong fencing, the location and type to be first approved in writing by the local planning authority. The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority. 5) The garage and store building hereby permitted shall be kept available at all times for the parking of motor vehicles by the occupants of the dwelling and their visitors and for domestic storage incidental to the enjoyment of the dwelling house and for no other purpose. Appeal Decision APP/X0415/D/18/3209591 2 Preliminary Matters 2. The revised National Planning Policy Framework (Framework 2018) came into force on 24 July 2018 and from that date policies within the Framework 2018 are material considerations which should be taken into account in decision making. Although the Council’s reason for refusal did not specifically refer to the National Planning Policy Framework 2012 extant at the time of the decision, the Council referred to it in the Officer’s report. From reading all the information before me from the Appellant and the Council, I am satisfied that the revised Framework 2018 carries forward the main policy areas from the earlier Framework, as relevant to this appeal. Main Issue 3. The main issue in this appeal is the effect of the proposal on the character and appearance of the local area and landscape, including with reference to the Chilterns Area of Outstanding Natural Beauty. Reasons 4. The appeal property is a detached dwelling on a generous plot on the eastern side of Nairdwood Lane. It is set back from the frontage behind dense vegetation, including a large mature oak tree. Nairdwood Lane has a wide variety of mainly detached houses along its eastern side, with an irregular front building line. The site and surrounding area lie within the Chilterns Area of Outstanding Natural Beauty (AONB). 5. The proposed garage and store would sit forward of the main dwelling but in terms of its proposed dimensions, and in particular its width and height, it would appear modest and subservient in form to the scale of the existing dwelling. It would also be sited well away from the side and front boundaries of the plot and so would not appear cramped in its position in relation to the main dwelling and the plot. Some of the existing vegetation would need to be removed but this would be limited and would not materially affect the existing established and mature planting. 6. The proposed new structure would sit broadly in line with the neighbouring property at Yew Cottage and there would remain a generous area of front garden between the garage and the front boundary. It would be partly hidden from street views because of the existing planting. Where views of the proposal would be available, and even if the frontage planting were to be reduced in the future, I consider that the building would be seen as part of the varied street scene along this part of Nairdwood Road. It would be seen in the context of the surrounding varied built development and would, as a result, have minimal effect on the landscape and scenic beauty of the AONB. 7. I therefore conclude that the proposal would respect the character and appearance of the local area and would conserve the landscape and scenic beauty of the AONB. There would be no conflict with Policies H15 and H20 of the adopted Chiltern District Local Plan 1997 (including alterations adopted 29 May 2001) Consolidated September 2007 & November 2011, as well as the Framework 2018, all of which seek a high standard of design which respects the local context and conserves and enhances the landscape and scenic beauty of AONBs. Appeal Decision APP/X0415/D/18/3209591 3 Conditions and Conclusion 8. In terms of conditions, the materials as set out on Plan 04A should be specified in the interests of protecting the character and appearance of the existing property and of the local area, as well as a condition to list the approved plans for the avoidance of doubt and in the interests of proper planning. I also consider that a condition should be imposed to protect the existing vegetation shown to be retained and a condition imposed to retain the building in its intended use; these conditions are required to protect the landscape beauty of the local area and to accord with the terms of the proposal. 9. In order to be effective, it is my view that the condition relating to the protection of the existing vegetation requires to be a pre-commencement condition. In accordance with Section 100ZA (5) of the Town and Country Planning Act 1990 and The Town and Country Planning (Pre-Commencement Conditions) Regulations 2018, I have therefore requested and received the Appellant’s written agreement to the imposition of this condition. 10. For the reasons given above and having regard to all other matters raised, including in representations, I conclude that the appeal should be allowed. L J Evans INSPECTOR