New garden room in place of two existing outbuildings located in the rear garden
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Heritage & Conservation
Character & Appearance
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 August 2024
by D Cramond BSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 21 August 2024
Appeal Ref: APP/L5810/D/24/3345719
57 Rosecroft Gardens, Twickenham, TW2 7PT
• 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 Berry against the decision of the London Borough
of Richmond Upon Thames Council.
• The application Reference is 24/0385/HOT.
• The development proposed is a new garden room in place of two existing
outbuildings located in the rear garden.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposal on the character and appearance of
the locality.
Reasons
Character and appearance
3. The appeal property is a detached bungalow in a locality of similar detached
and semi-detached homes. The site backs on to the bank of the Duke of
Northumberland’s River and a parallel footpath within Metropolitan Open Land
(MOL) runs along the other side (east) of the waterway. The area is of
established character and to front and rear the well-designed properties,
gardens, and informal open space all come together to make an area of very
pleasing appearance.
4. The proposal is as described above and would be a rectangular flat roofed
rendered building of about 8.5 (l) x 5.5 (w) x 2.85 (h) metres placed
lengthways abutting the rear boundary of the site.
5. The site lies within Rosecroft Gardens Whitton Conservation Area. There is a
duty imposed by Section 72(1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990 requiring decision makers to have special regard
to the desirability of preserving or enhancing the character or appearance of a
Conservation Area. Local Plan (LP) Policy LP3 reflects S72(1) and adds more
detail about further Council actions and controls intended to ensure the
safeguarding of heritage assets.
6. Whilst there are a range of garages and outbuildings in the locality, generally
speaking these are low key, subordinate to a host dwelling and not immediately
Appeal Decision APP/L5810/D/24/3345719
2
abutting the river bank. The character of the Conservation Area embodies a
sense of spaciousness. This is in part on show but also a phenonium which
ought to be protected even if a proposal is not a streetscene issue. The
aesthetic quality of the footpath looking towards the estate’s direction is, in the
main, one of informal greenery with some filtered glimpses of set-back
buildings beyond.
7. In this context the proposed scheme, for an outbuilding of no great
architectural merit and bright finish, would be markedly out of scale,
symptomatic of overdevelopment and visually impinging on the scene from the
east. It would be of significant height and take up most of the rear boundary
length and reduce the scope for softening landscaping in the part of the garden
close to sensitive surrounds. The scheme would lack subservience to the host
property and simply be incongruous. I appreciate that two existing
outbuildings would be removed but they are not directly comparable in
massing, do not have specific planning permission, and do not form a blanket
run of development along the rear boundary towards the MOL.
8. LP Policy LP1 is relevant. Amongst other matters this calls for good quality
design with buildings which relate to context, protect local character and
appearance, and are compatible with surrounding development patterns and
spacing. LP Policy LP13 is also pertinent. Amongst other matters it seeks to
ensure that development outside MOL would not visually impact upon character
and openness of the MOL area. I conclude that the proposal would conflict with
these policies. It would also run contrary to the aims of S72(1) of the Act and
LP Policy LP3 because there would not be preservation or enhancement of
character or appearance of the Conservation Area.
Other matters
9. I understand why the Appellant would wish new facilities as proposed and I
recognise that there would be a practical rationalisation of the existing
arrangement. I can see that there has been some reduction in scale from an
earlier submission. There was a willingness to perhaps reduce further and
amend entrance detail but, to the Appellant’s disappointment, the Council did
not engage in this. I have to assess what is before me. I note that other
examples were drawn to my attention but I am not persuaded these are
directly comparable due to design, siting or size and, in any event, I must
determine matters on the merits of this individual case. I do appreciate that no
external or Council consultee objections were raised to the scheme and that
matters such as ecology or flooding do not stand as issues.
10. I have carefully considered all the points raised by the Appellant but these
matters carry limited weight and taken independently or collectively do not
outweigh the concerns that I have in relation to the main issue identified
above.
11. I confirm that policies in the National Planning Policy Framework have been
considered. Key objectives of the Framework are to protect and enhance the
qualities of the built and open environment as well as to safeguard heritage
assets; development plan policies which I cite mirror these. The Framework
underlines that great weight should be given to a heritage asset’s conservation.
In this instance there are no public benefits or other benefits including to the
Appellant which would outweigh the harm that I have identified.
Appeal Decision APP/L5810/D/24/3345719
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Overall conclusion
12. For the reasons given above I conclude that the appeal proposal would have
unacceptable adverse effects on the character and appearance of the locality.
Accordingly, the appeal is dismissed.
D Cramond
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