Garage and workshop for personal use
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Residential Amenity
Character & Appearance
Open Space
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 March 2019
by R J Jackson BA MPhil DMS MRTPI MCMI
an Inspector appointed by the Secretary of State
Decision date: 03 April 2019
Appeal Ref: APP/F5540/D/19/3222998
19 Gainsborough Gardens, Isleworth TW7 7PE
• 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 Dan Chandegra against the decision of the Council of the
London Borough of Hounslow.
• The application Ref 00469/19/P3, dated 24 September 2018, was refused by notice
dated 15 February 2019.
• The development proposed is garage and workshop for personal use.
Decision
1. The appeal is allowed and planning permission is granted for garage and
workshop for personal use at 19 Gainsborough Gardens, Isleworth TW7 7PE in
accordance with the terms of the application, Ref 00469/19/P3, dated
24 September 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: Site Location Plan (1:1250);
AH 730 01 Revision A; AH 730 02 Revision B; and AH 730 03 Revision B.
3) The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match those used in the existing
house.
Main Issues
2. The main issues are the effect on:
• the character and appearance of the area; and
• the living conditions of the occupiers of 17 Gainsborough Gardens in terms
of outlook.
Reasons
Character and appearance
3. The appeal property is a semi-detached two storey dwellinghouse which has a
full width single storey extension to the rear. It is set at the end of a cul-de-sac
with an area of open space to the west. Beside the dwelling is an accessway to
Appeal Decision APP/F5540/D/19/3222998
2
an area of allotments. This access is lit and there is a single storey pitched roof
building on the edge of the allotment area a short distance to the northwest.
4. Currently within the garden area of the appeal property is a single, detached
garage building with a timber shed next to it. The garden extends to a point at
its northwestern extent.
5. The proposal is to construct a single storey pitched roof building towards the
northwestern part of the garden. While it would abut part of the northern
boundary there would be gaps beyond it to the “point” in the northwestern
corner and to the northeast with a gap of 1.3 m to the fence on the boundary
with the adjoining property, No 17.
6. The area generally is a residential area. A significant number of dwellings in the
area have outbuildings or garages. These are generally single storey and have
flat roofs and are set back from the houses fronting Gainsborough Gardens and
are glimpsed through the gaps between the pairs of semi-detached dwellings.
In this regard the existing garage at No 19 is in keeping with the character of
the area although it can be more clearly seen from the open space.
7. The Council has referred to its Residential Extension Guidelines (the
Guidelines). As this is in accordance with Policy SC7 of the London Borough of
Hounslow Local Plan 2015 – 2030 (the Local Plan), which seeks to support the
extension and improvement of residential properties including outbuildings to
maintain the character of an area and not to harm the amenity of neighbouring
residents, I am able to give the Guidelines significant weight.
8. The Council accepts that in dimension terms the proposal is in accordance with
the Guidelines but it objects to the size of the proposed building and in
particular its height with its pitched roof. The Council makes the point that a
lower ridge height might be feasible, but I do not think that is a good point as
what should initially be considered is whether the proposal is acceptable or
causes any harm, not whether any alternative is available.
9. In that regard the height of the proposed building would be lower than the
building further along the accessway on the allotments which also has a pitched
roof. While taller than the other garages it would not be significantly so and its
overall size and scale would not harm the character or appearance of the area
and it would successfully address the accessway. In appearance it would
appear subservient to the main house.
10. As such the proposal would comply with both Policy SC7 of the Local Plan and
the Guidelines as set out above and would also comply with its intent. It would
also comply with paragraph 127 of the National Planning Policy Framework (the
Framework) which indicates that developments should be sympathetic to local
character.
Living conditions
11. At the site visit I saw that the boundary fence between the appeal property and
No 17 was made up of an approximately 1.2 m high close boarded fence. The
outlook from the ground floor windows of No 17 down and across the appeal
site is already obstructed to a greater extent by the single storey extension on
the appeal property; from the first floor this does not occur. However, the main
outlook of the occupiers of No 17 is down their own garden and not across that
Appeal Decision APP/F5540/D/19/3222998
3
of their neighbours. Given this and the distance from the rear elevation to the
proposal, the proposal would not harmfully result in a loss of outlook.
12. I am therefore satisfied that the proposal would not have an adverse effect on
the living conditions of the occupiers of 17 Gainsborough Gardens in terms of
outlook. Therefore, it would comply with Policy SC7 of the Local Plan and the
Guidelines as set out above. It would also comply with paragraph 127 of the
Framework which indicates that development should create places with a high
standard of amenity for existing and future users.
Conditions
13. I have considered the conditions put forward by the Council against the
requirements of the national Planning Practice Guidance and the Framework. In
addition to the standard timescale condition, I have imposed a condition
specifying the relevant drawings as this provides certainty.
14. I have also imposed a condition requiring the building to be finished in
materials matching to the main house in order to protect the character and
appearance of the area.
15. The Council requested two additional conditions. The first would prevent the
building being use as a single family house or dwelling, as a business or a
kitchen or bedroom being installed. The use as a separate dwelling or for
business purposes beyond that ancillary to the dwelling would need planning
permission so a condition is not necessary. As to the kitchen/bedroom the
reason for the suggested condition relates to any asserted effects on the
character and appearance of the area. I consider from what I have seen that
would be no different from the main issues in this appeal and for the same
reasoning is not necessary.
16. The second suggested condition would prevent any additional windows or doors
being installed, in the view of the Council, to prevent harm to living conditions.
Given the separation of the proposed building to No 17 or any other neighbour
I consider that any such doors or windows would not result in any unacceptable
overlooking or loss of privacy and consequently the condition is not necessary.
17. Where necessary and in the interests of clarity and precision I have altered the
conditions to better reflect the relevant guidance.
Conclusion
18. For the reasons given above I conclude that the appeal should be allowed.
R J Jackson
INSPECTOR
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