Two-storey side extension
📊
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
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 December 2019 by Emma Worby BSc (Hons)
Decision by Andrew Owen BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16 January 2020
Appeal Ref: APP/M1595/D/19/3236496
Windy Corner, Kirkham Road, Horndon On The Hill SS17 8QE
• 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 James Collinson against the decision of Thurrock Borough
Council.
• The application Ref 19/00603/HHA, dated 17 April 2019, was refused by notice dated
13 June 2019.
• The development proposed is a two-storey side extension.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Main Issues
3. The main issues in the appeal are:
• Whether the proposal would be inappropriate development in the Green
Belt having regard to the revised National Planning Policy Framework
(the ‘Framework’) and relevant development plan policies;
• The effect on the openness of the Green Belt;
• The effect on the character and appearance of the area; and
• Would the harm by reason of inappropriateness be clearly outweighed by
other considerations. If so, would this amount to the very special
circumstances required to justify the proposal.
Reasons for the Recommendation
Whether it would be inappropriate
4. The appeal site, containing the two-storey detached dwelling, is located within
a small collection of houses washed over by the Green Belt. The proposal would
extend the existing property with a two-storey extension including a dormer
window on the front elevation and two roof lights on the rear elevation. The
dwelling has previously been extended with a two-storey extension to the rear.
Paragraph 145 (c) of the Framework states that extensions are not
Appeal Decision APP/M1595/D/19/3236496
2
inappropriate development within the Green Belt if they do not result in
disproportionate additions over and above the size of the original building.
Policy PMD6 (Paragraph 1) of the Core Strategy (2015) is generally consistent
with Paragraph 145 of the Framework and states that in the case of residential
extensions this means no larger than two reasonably size rooms or any
equivalent amount. This includes any extensions which have been previously
undertaken to the property.
5. The proposed extension would be substantial in size with, as shown on the
plans, an internal width of 4.5 metres, an internal depth of 7.628 metres and a
height the same as the current dwelling. The Council state that the proposed
extension, when added to previous extensions, would result in the original
property, which measured around 126m2, being extended by 134m2. These
figures are not disputed by the appellant. This means the proposal would result
in the original dwelling being extended by over 100%. I consider these
additions would be disproportionate, would amount to more than two
reasonably sized rooms, and therefore would be inappropriate development
within the Green Belt.
6. The appellant has stated that the proposal would only be a small increase to
the footprint of the building and it would only be about 20% wider. However,
the plans submitted suggest it would in fact be significantly wider than this.
7. The proposed inappropriate development would be harmful to the Green Belt
which, in accordance with paragraph 144 of the Framework, should be given
substantial weight.
Openness
8. As the proposed development would create an extended dwelling which is
larger than the existing building, there would be a significant spatial impact on
the openness of the Green Belt due to the increase in floorspace that the
extension would occupy. In addition, the positioning of the host dwelling, in
close proximity to the road, and the location of the proposed extension, which
would be visible from both Kirkham Road to the front of the appeal side and
Kirkham Avenue to the side of the appeal site, means that the extension would
visually reduce openness. Therefore, there would be both a spatial and visual
impact on the openness of the Green Belt from the proposed extension.
9. Substantial weight should be given to any harm to the Green Belt.
Development should not be approved unless the harm to the Green Belt, and
any other harm, is clearly outweighed by other considerations, which will be
considered below.
Character and Appearance
10. The Council have stated that the proposal would be acceptable in design terms
however, as it is located within the Green Belt, its size would impact upon the
open character of the area. The openness of the area is a positive
characteristic.
11. Although, as previously discussed, the extension would reduce the openness of
the Green Belt, it is not considered that the effect on openness would harm the
character of the area. Indeed a significant gap would be retained to the next
dwelling to this side.
Appeal Decision APP/M1595/D/19/3236496
3
12. For the reasons above I consider that the proposal would not be harmful to the
character and appearance of the area and therefore would be in accordance
with Policies PMD2 and CSTP22 of the Core Strategy and Policies for
Management of Development (2015) which seek to promote high quality design
which contributes positively to the character of the area, along with the design
objectives of the National Planning Policy Framework.
Other Considerations
13. The appellant has outlined the personal circumstances relating to the proposed
development and has provided a GP letter to support the requirement for
additional space within the dwelling. I give this moderate weight.
14. Two other cases have been bought to my attention which detail approved
development within the Green Belt, in close proximity to the appeal site. One
involves the construction of an annexe at The Hive, Lower Dunton Road.
However, although the decision notice has been provided, the specific details of
the case are unknown and therefore this example can only be given very
minimal weight. Another development for 80 dwellings within the Green Belt
has also been highlighted by the appellant. Again, the full details of the
planning application and decision-making process are unknown and, as this
development is very different to the appeal before me, it has no bearing on my
considerations.
Green Belt Balance, Conclusion and Recommendation
15. I find that the other considerations in this case do not clearly outweigh the
harm that I have identified. The lack of harm to the character and appearance
of the area carries neutral weight. Consequently, the very special
circumstances necessary to justify the development in the Green Belt do not
exist.
16. Therefore the development in the Green Belt would fail to accord with policy
PMD6 of the Core Strategy and Policies for Management of Development
(2015) which seeks to protect the Green Belt, along with the Green Belt
objectives of the National Planning Policy Framework.
17. For the reasons given above and having regard to all other matters raised, I
recommend that the appeal is dismissed.
Emma Worby
APPEALS PLANNING OFFICER
Inspector’s Decision
18. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is dismissed.
Andrew Owen
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.