Extensions to include: new entrance, first floor extension over existing garage, rear first floor extension over kitchen, attic conversion including new gable to front elevation, internal alterations and refurbishment including new windows and fenestration changes. New detached single storey garage/store to the front garden and modifications to drive and parking to allow turning on site
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Inspector’s Reasoning
Appeal Decision
Site visit made on 6 November 2019
by S Leonard BA (Hons) BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 20th November 2019
Appeal Ref: APP/L1765/D/19/3235660
Buffles, 56 Kilham Lane, Winchester SO22 5QD
• 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 and Mrs D O’Connell against the decision of Winchester City
Council.
• The application Ref 19/01042/HOU, dated 10 May 2019, was refused by notice dated
19 July 2019.
• The development proposed is extensions to include: new entrance, first floor extension
over existing garage, rear first floor extension over kitchen, attic conversion including
new gable to front elevation, internal alterations and refurbishment including new
windows and fenestration changes. New detached single storey garage/store to the
front garden and modifications to drive and parking to allow turning on site.
Decision
1. The appeal is allowed and planning permission is granted for extensions to
include: new entrance, first floor extension over existing garage, rear first floor
extension over kitchen, attic conversion including new gable to front elevation,
internal alterations and refurbishment including new windows and fenestration
changes. New detached single storey garage/store to the front garden and
modifications to drive and parking to allow turning on site at Buffles, 56 Kilham
Lane, Winchester SO22 5QD in accordance with the terms of the application,
Ref 19/01042/HOU, dated 10 May 2019, subject to the following conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
drawing nos. 867:001, 867:100, 867:011, 867:012, 867:101, 867:110,
867:111, 867:200, 867:201, 867:203, 867:210, 867:211, 867:212,
867:213, 867:300, 867:310 and Ordnance Survey Location Plan licence no.
0100031673.
3) The materials to be used in the construction of the external surfaces of the
extensions to the dwelling hereby permitted shall match those used in the
existing building.
4) No development shall commence upon the construction of the detached
garage hereby permitted until details of the materials to be used in the
construction of the external surfaces of the walls and doors of the garage
have been submitted to, and approved in writing by, the local planning
authority. Development shall be carried out in accordance with the approved
details.
Appeal Decision APP/L1765//D/19/3235660
2
Procedural Matter
2. The only point of difference between the parties relates to the effect of the
proposed detached garage on the character and appearance of the area. I do
not disagree with the Council’s view on the other elements of the appeal
proposal or their stance about the impact of the garage on the living conditions
of the occupiers of neighbouring properties.
Main Issue
3. The main issue is the impact of the detached garage on the character and
appearance of the area.
Reasons
4. The appeal property is a detached, two-storey, hipped roof house. It is set back
from the street , within a deep, maturely landscaped plot. Ve hicular access is
from Kilham Lane, and serves an attached do uble garage at t he side of the
house. The site lies within a low density suburban residential area comprising
detached houses in large plots , which are generally set well back from the
road, with a roughly regular building line, behind maturely landscaped
frontages. This part of Kilham Lane has a rural character, with residential
development on the east side of the road and open countryside on the opposite
side. The road is narrow, has no footpaths , and is edged by mature hedging,
shrubs and trees , which predominantly screen the houses on the east side of
the road in views from the street.
5. The appeal property and the neighbouring detached house at No.54 are located
near a slight bend in the road, in a location which is noticeably more open than
the narrow, more heavily vegetated, enclosed character of the road to the
north and south. This ‘point of emergence’ in the road is recognised by both
parties, and is due to several factors , including a gated vehicular access
opposite the appeal site, through which there are views to the open fields
beyond, and the vehicular accesses to Nos. 54 and 56 , which are separated by
a wide grass verge. Consequently, unlike the majority of the houses in this part
of the road, which are largely obscured in views from the street by frontage
vegetation, the appeal property and No.54 , can be clearly seen from the r oad
via the aforementioned accesses and grass verge.
6. The proposed garage building and widened driveway and turning area to serve
it, would replace part of the gr assed front garden area of the appeal site. Due
to its proposed footprint, height and position at the front of the site, the garage
would be visible from the road. However, this would mainly be when
approaching the site from the south east, since the existing mature hedging
along the appeal site frontage and along the side boundary with No.58 would
largely screen the garage in views from the road when ap proaching the site
from the north. Furthermore, the proposed shallow pitch to the rear part of the
roof and its green roof design, with only a small slated element at the front,
would aid the visual assimilation of the garage into its landscaped
surroundings.
7. In addition to being largely screened in views from the street, the garage would
be subservient in scale to the main dwellin g. I find that, within the context of
the immediate locality of Nos. 54 and 56, where residential built form is readily
Appeal Decision APP/L1765//D/19/3235660
3
apparent within the street scene, the proposed garage would not harm the
character and appearance of this part of Kilham Lane.
8. In making this assessment, I have had regard to permission Ref
12/00628/FUL, as a result of which there is extant permission in perpetuity for
a detached garage in the front garden of No.54. If built, this would be viewed
within a similar context to the appeal scheme garage, and would have a similar
degree of impact on the street scene as the appeal proposal, albeit it would be
visible when approaching from the opposite direction ( north) and w ould be
screened in views from the southeast by frontage and side boundary
landscaping. I do not find that the appeal scheme garage would have a
materially harmful impact on the street scene whether built alone, or in
conjunction with the extant garage scheme at No.54.
9. Both parties have referred to the option of amending the garage element of the
appeal scheme. Notwithstanding any discussion that may have taken place
between the parties in this respect during the determination of the planning
application, I have not been provided with any amended drawings to replace
those of the refused scheme. The planning appeals procedural guidance1
(Annexe M) confirms that, if an appeal is made, the appeal process should not
be used to evolve a scheme, and it is important that what is considered by the
Inspector is essentially what was considered by the local planning authority,
and on which interested people’s views were sought. Accordingly, I have
determined the appeal on the basis of the scheme which was refused by the
council and have not considered the merits or otherwise of amending the
scheme.
10. Having regard to the above, I conclude that the re would be no d emonstrable
harm to the character and appearance of the area. The appeal proposal would
accord with Policies WT1 and CP13 of the Winchester District Local Plan Part 1
– Joint Core Strategy 2013, Policies DM1, DM15 and DM16 of the Winchester
District Local Plan Part 2 – Development Management and Site Allocations
2017, and the High Quality Places S PD 2015, in so far as these policies and
guidance seek to ensure that new development is of a high quality design and
responds positively to the character, appearance and variety of the local
environment in terms of its design, scale and layout.
Conditions
11. I have considered the Council’s suggested conditions in accordance with
Paragraph 55 of the National Planning Policy Framework and the national
Planning Practice Guidance. In addition to the standard implementation
condition, it is necessary to define the plans in the interests of certainty, and
ensure that the external materials of the development are appropriate, in the
interests of the character and appearance of the area. In the case of the latter,
the appellant has confirmed, on the planning application form, that the
materials for the external surfaces of the extensions would match those of the
main dwelling. However, no details have been confirmed in respect of the walls
and doors of the detached garage. I have dealt with the conditions accordingly.
1 Procedural Guide. Planning Appeals – England. The Planning Inspectorate August 2019.
Appeal Decision APP/L1765//D/19/3235660
4
Conclusion
12. For the above reasons, I conclude that the appeal should succeed, and
planning permission be granted subject to conditions.
S Leonard
INSPECTOR
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