For a two-storey side and front extension plus ground floor canopy roof
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Green Belt Policy
Character & Appearance
Rural Impact
Inspector’s Reasoning
Appeal Decision
Site visit made on 13 August 2019
by E Symmons BSc (Hons), MSc
an Inspector appointed by the Secretary of State
Decision date: 11 September 2019
Appeal Ref: APP/P0240/D/19/3228988
Jockey Farm, Watling Street, Dunstable, Bedfordshire LU6 3QP
• 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 Miss A. Berry against the decision of Central Bedfordshire
Council.
• The application Ref CB/19/00099/FULL, dated 7 January 2019, was refused by notice
dated 13 March 2019.
• The development proposed is for a two-storey side and front extension plus ground
floor canopy roof.
Decision
1. The appeal is dismissed.
Procedural Matters
2. Within their Officer Report the Council refers to Policy SP4 of the emerging
Central Bedfordshire Local Plan 2015-20351. These plans have not been the
subject of independent examination and additionally, specific policies within
this plan have not been referred to within the Decision Notice. As such I give
them little weight within the context of this case.
Main Issues
3. The main issues are:
• whether the proposal would be inappropriate development in the Green
Belt;
• the effect of the development on the openness of the Green Belt and the
purposes of including land within it;
• the effect of the proposal on the character and appearance of the area; and
• if it is inappropriate development, 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.
1 January 2018.
Appeal Decision APP/P0240/D/19/3228988
2
Reasons
Whether Inappropriate Development in the Green Belt
4. National Planning Policy Framework2 (the Framework) identifies that the
fundamental aim of Green Belt policy is to prevent urban sprawl by keeping
land permanently open. It states that inappropriate development is harmful
and should not be approved except in very special circumstances. Paragraph
145 of the Framework states that extensions should not represent a
disproportionate addition over and above the size of the original building. Policy
H13 of the South Bedfordshire Local Plan Review 2004 (Local Plan) states that
extensions to dwellings in the green belt should be of a modest scale not
disproportionate to the original dwelling. As this policy is broadly consistent
with the Framework, I can attach substantial weight to it.
5. The detached appeal property sits within a shallow valley within a large plot
adjacent to the A5183 which, at the time of my site visit, was heavily
trafficked. The property is set back from the highway by a parking area and
enclosed by high evergreen hedges, walls and railings. Surrounding the appeal
property is a variety of commercial units with a Gypsy and Traveller site
directly to the south east. This group of buildings sits within open countryside
being set apart from nearby settlements and surrounded by fields.
6. The two storey proposed extension would increase the current footprint of the
property to both the side and front to accommodate a large downstairs sitting
room with bedroom and dressing room space above. The extension would
increase the mass of the dwelling by approximately one third, and when
combined with the existing extensions to the dwelling, would substantially
increase its size.
7. The main parties agree that the cumulative increase in the size of the dwelling
from that originally constructed would be 123%. Due to the scale, mass and
height of the proposed extension which, in addition to the existing extensions
would more than double the dwelling size from that originally constructed,
would represent a disproportionate increase in size. This view is supported by
the Central Bedfordshire Design Guide 20143 (Design Guide) which defines
proportionate additions as no more than a 60% increase over and above the
original dwelling size. Accordingly, it would conflict with Policy H13 of the Local
Plan. Furthermore, I do not consider that any of the remaining exceptions
within paragraph 145 apply to this development. It is therefore inappropriate
development for the purposes of Green Belt policy.
Openness
8. The appeal site is in a prominent position along a busy road and due to its
height, the property can be seen on approach from either direction. The
proposed extension, due to its height and mass, would be visible against the
skyline. The increased mass and outline of the proposal would have a greater
impact on the openness of the Green Belt by interrupting views around the
dwelling when compared with the current situation. The effect on openness
would conflict with Policy H13 of the Local Plan. I afford this harm substantial
weight in accordance with paragraph 144 of the Framework.
2 February 2019.
3 Section 7, Householders Alterations and Extensions . Central Bedfordshire Design Guide . A guide for designing
high quality new developments. September 2014.
Appeal Decision APP/P0240/D/19/3228988
3
The effect of the proposal on the character and appearance of the area
9. Policy H8 of the Local Plan is referenced within Policy H13 and relates to
extensions to dwellings seeking that these relate well to the existing building.
The appellant argues that although the proposal would result in an increase in
size, it should be considered within the context of the local area. Aerial
photographs have been submitted which show the dwelling amongst these
other buildings and it is considered that the effect of the extension would be
mitigated by their presence. However, when viewing the property from the
ground it is seen against the skyline and not against the other buildings. I
therefore give this assertion little weight.
10. Although the proposal is contrary to the Design Guide with respect to its size, it
does not sit within a residential context and although the extension is
disproportionate, it would not conflict with any prevailing style and design due
to its isolation from other residential properties. Therefore, despite its size, it
would not conflict with Policy H8 of the Local Plan. The effect of the proposal
upon the character and appearance of the rural area would therefore represent
a neutral factor within my planning balance.
Other considerations
11. The appellant considers that the proposal would improve and balance the
appearance of the dwelling however, the current dwelling’s design does not
appear awkward or incongruous and I give this limited weight. The proposal
would also improve the living conditions of the occupiers of the property
however, this is a private benefit which I also afford limited weight. No other
considerations which would weigh in favour of the development have been put
forward by the appellant.
Green Belt Planning Balance
12. The proposal has been found to constitute inappropriate development and the
Framework indicates that this is, by definition, harmful to the Green Belt and
should not be approved except in very special circumstances. The fundamental
aim of Green Belt policy is to prevent urban sprawl by keeping land
permanently open and that all development must preserve this openness. The
harm to the openness of the Green Belt carries substantial weight.
13. The other considerations which arise have limited weight in favour of the
proposal and do not outweigh the totality of the harm due to the loss of
openness to the Green Belt. The effect of the proposal on the rural character of
the area has a neutral impact within this decision. Consequently, the very
special circumstances necessary to justify the development do not exist. The
proposal conflicts with Policy H13 of the Local Plan and the Green Belt policies
within the Framework already outlined.
14. For the reasons given, I conclude that the appeal should be dismissed.
E Symmons
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.