Ground floor rear extension, installation of new dormer window to rear elevation, replacement of existing window reveal detailing, removal of existing front door and porch and installation of new window, reinstatement of original front door, replacement of timber windows to match original, blocking up existing window on side elevation at first floor level, alterations to window sizes on rear elevation at first floor level, installation of Velux rooflight and internal alterations
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Green Belt Policy
Heritage & Conservation
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 January 2025
by K Winnard LL.B Hons Solicitor
an Inspector appointed by the Secretary of State
Decision date: 28 January 2025
Appeal Ref: APP/C1950/D/24/3347087
8 High Road, Essendon, Hatfield AL9 6HW
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Mrs Emma Haughey against the decision of Welwyn Hatfield Borough
Council.
• The application Ref is 6/2024/0126/HOUSE.
• The development proposed is a ground floor rear extension, installation of new dormer window to
rear elevation, replacement of existing window reveal detailing, removal of existing front door and
porch and installation of new window, reinstatement of original front door, replacement of timber
windows to match original, blocking up existing window on side elevation at first floor level,
alterations to window sizes on rear elevation at first floor level, installation of Velux rooflight and
internal alterations.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The development consists of a number of elements. The Council has raised no
concerns, subject to the imposition of conditions, relating to the removal of the
existing front door and porch and the installation of a new window and
reinstatement of the original front door. Their concerns relate to the installation of
the rear dormer window and Velux rooflight installations, and the ground floor rear
extension. I shall accordingly address my assessment to these elements of the
appeal.
3. In December 2024, the Government published its revised National Planning Policy
Framework (the Framework). In this instance, the issues most relevant to the
appeal remain unaffected by the revisions to the Framework. I am therefore
satisfied that there is no requirement to seek further submissions on the revised
Framework and that no party would be disadvantaged by such a cause of action.
Main Issues
4. The main issues in the appeal are:
• Whether the proposal would be inappropriate development in the Green
Belt having regard to the National Planning Policy Framework (the
Framework) and any relevant development plan policies.
Appeal Decision APP/C1950/D/24/3347087
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• The effect of the proposal on the openness of the Green Belt and on the
character and appearance of the host dwelling and area, having regard
to its conservation area status; and
• Whether any harm by reason of inappropriateness, and any other harm,
would be outweighed by other considerations to amount to the very
special circumstances necessary to justify the proposal.
Reasons
Whether inappropriate development
5. Essendon is washed over by the Green Belt. The Framework states that the
construction of new buildings is inappropriate development within the Green Belt
unless the development falls within specified exceptions. These include the
extension or alteration of a building provided it does not result in disproportionate
additions over and above the size of the original building.
6. The Framework itself does not detail what a disproportionate addition means, nor
does it specify volumetric or other standards, or that comparisons are to be made
with reference to the size and scale of the existing layout and neighbouring
properties. Rather, it is an objective test which could include, amongst other things,
the floor area, volume and form of the relevant building. Local Plan Policy SADM34
of the Welwyn Hatfield Borough Council Local Plan (Local Plan) quantifies matters
further by providing a quantitative and qualitative assessment of such proposals.
7. The appeal property, No 8 High Road (No 8) is a mid-late 19th century cottage
which has been previously substantially extended. The Council has calculated that
when combined with the previous extensions, the original building would be
increased in footprint by 206% and in floorspace by 163.9%. The appellant
provides slightly differing figures, but even on these figures they are significantly in
excess of those provided for in the supporting text to Policy SADM34.
8. The proposal would result in a sizeable addition to the dwelling adding a significant
increase in footprint to the original building. The proposed extension would
undoubtedly increase the depth of the original building at the rear and the proposed
dormer, whilst not increasing the footprint, would introduce additional mass to the
roofslope. Visually the additions to the dwelling would further alter it significantly
from the original simple cottage. Whilst not readily apparent in wider public views,
the scale and bulk of the proposal would dominate the rear of the appeal property.
The proposed changes would therefore amount to disproportionate additions to the
dwelling.
9. I take account of the previous permissions granted in respect of neighbouring
properties where the Council has accepted schemes where the percentage
increase in floor space has been significant, and in some instances almost
equivalent to the present proposal. I accept that the Council considered these
additions did not represent disproportionate additions to the original building in the
light of Policy SADM34 which provides for a qualitative assessment of the proposal
in the context of the site. However, having regard to the specific site circumstances,
I find that the cumulative effect of this and earlier extensions would be to subsume
the original modest cottage into various additions. Further, Green Belt policies in
the Framework do not refer to consideration of the size and character of
surrounding properties in assessing disproportionality.
Appeal Decision APP/C1950/D/24/3347087
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10. As such I find that the dwelling would be substantially larger than the original
building and the proposal would amount to a disproportionate addition to the
dwelling. It would accordingly amount to inappropriate development in the Green
Belt, and I attach substantial weight to the harm it would cause. It would also fail to
confirm with Policy SADM34 of the Local Plan.
Openness
11. The essential characteristics of the Green Belt are their openness and
permanence. In the context of the Green Belt, it is generally held to refer to an
absence of development. Openness has both a spatial and visual aspect. The
proposal would introduce built form where presently there is none. Therefore, in
spatial terms, the proposed development would lead to a loss of openness.
Available views of the development would be limited to those obtained from
neighbouring properties and would be localised. Accordingly, the development
would cause some, albeit very limited harm, to the openness of the Green Belt.
Character and Appearance
12. The appeal property is an attractive semi-detached Victorian cottage, adjacent to a
similar pair of cottages sited on the main road in the village of Essendon. It lies
within the Essendon Conservation Area (ECA). There is no Conservation area
analysis in front of me but from the information provided and observations on my
site visit the significance of the ECA is derived from the historic and architectural
style of the buildings in the village settlement. The significance of the appeal
property derives from its age and the relationship of the cottages as a whole to the
ECA. Despite the cottages having been extended to the side, their original
proportions are still well articulated, and they contribute positively to the
significance of the ECA as a whole and to the character and appearance of the
area.
13. The appeal property would be significantly larger as a result of the present
proposal. Notwithstanding that the rear extension would be single storey, due to its
detailed design, scale and depth, it would not be read as a subservient addition to
the appeal property. I appreciate that there are other large extensions nearby,
including ones which have extended to the rear beyond adjacent properties. Even
so, I have assessed the proposal on its own merits and find it to be an
unsympathetic addition given the harmful impact on the character and appearance
of the host dwelling and the pair to which it belongs.
14. The introduction of the rear dormer would be an awkward design feature
interrupting the shallow original roof slope of the cottage. As such, it would reduce
the visual articulation of the shallow roof slope which is an attractive feature found
in this pair of cottages. Accordingly, the proposal would cause unacceptable harm
to the character and appearance of the appeal property. It would also fail to comply
with the Council’s Supplementary Design Guidance 2005 (Design Guide) in relation
to dormer windows.
15. I note that approval has been given to roof dormers to other properties within the
ECA, including one in the neighbouring terrace of three cottages. From the details
provided, different conclusions were reached on the bespoke site and the specific
context of each case. Each case must be decided on its own merits and such
Appeal Decision APP/C1950/D/24/3347087
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decisions are not directly comparable to the one before me, and do not alter my
view.
16. I acknowledge the comment by the appellant that the Design Guide does not take
into account modern building regulation standards and national space standards.
Even so, the overall design and form of the roof dormer would remain unacceptable
and fail to reflect the Design Guide which overall requires extensions to
complement and reflect the design and character of the dwelling. For the reasons
given, this would not be the case. I acknowledge that as with the rear extension,
the roofscape would not be seen from a public vantage point. Nonetheless, they
would be seen from private views from the rear of properties on High Road. Whilst
these may not be public views, they nonetheless form part of the surroundings in
which the heritage asset is experienced.
17. The Velux roof window proposed would be of a small scale and I note that
rooflights are not an uncommon feature within the ECA as a whole, including within
the vicinity of the appeal property. However, I did not observe any rooflights in the
terraces of cottages of which the appeal property is part. As such, notwithstanding
its scale, the proposed rooflight would appear alien in its context and further detract
from the original qualities of the appeal property, and the row of cottages in
general.
18. Whilst the Council note concerns as to the fenestration details as submitted, these
concerns could be addressed by conditions as to materials. This would be the case
too in respect of the removal of the existing front door and blocking up of the
window in the side elevation of the appeal property. I agree with the Council in
relation to these assessments
19. Overall, the building, whilst already extended, maintains characteristics of the
original cottage and as such is a positive contribution to the character and
appearance of the ECA. This contribution would be diminished by the appeal
proposal. I have paid special attention to the desirability of preserving or enhancing
the character and appearance of the ECA. Due to the modest size of the proposal
relative to that of the ECA, I consider that the proposed scheme would result in less
than substantial harm but in accordance with the Framework (Paragraph 215), that
harm should be weighed against any public benefits of the proposal. I note the
appellant’s desire is to secure the optimum viable and effective use of the site.
However, I find insufficient public benefit arising from this proposal to offset the
identified harm to which I attach significant weight.
20. Consequently, I conclude that the proposed development would fail to preserve the
character and appearance of the ECA. It would not be consistent with the overall
design and conservation aims of Policies SP9 and SADM15 of the Local Plan and
the Design Guide. These policies and guidance, amongst other things, seek to
ensure that development proposals respond to the local character and context and
sustain and enhance the heritage assets and historic environment in a manner
appropriate to its function and significance. The proposal would also not accord
with the Framework that developments are sympathetic to local character, including
the surrounding built environment (paragraph 135), sustain and enhance the
significance of heritage assets and make a positive contribution to the local
character and distinctiveness (paragraph 203).
Appeal Decision APP/C1950/D/24/3347087
5
Other considerations
21. The proposal would allow the appeal property to be updated to modern standards
and offer an opportunity to address the restricted size of one bedroom. It would
result in improved, more practical living conditions for the appellant and their family.
However, it has not been demonstrated that the appeal proposal is the only
practical option to achieve such benefits and accordingly I attach only modest
weight to these factors.
22. The proposal would improve the appearance of the front elevation of the appeal
property and enable the provision of additional off -street parking. However there is
nothing to suggest that these renovations to the fenestration and front of the appeal
property are in any way dependent on the provision of the rear or dormer
extensions, nor that these improvements cannot be achieved independent of the
current scheme. As such these factors are of modest weight.
23. The design and siting of the proposal would also not be detrimental to the living
conditions of the neighbours but a lack of harm in this regard does not weigh in
favour of the scheme.
24. The appellant has drawn attention to examples of development permitted at
neighbouring properties. The Council did not find these additions to be
disproportionate and therefore the special circumstances needed to justify
inappropriate development did not apply. I have had regard to the floorspace and
volume measurements provided together with the individual case officer reports.
However, given the individual site and design differences, I do not consider any
precedent has been set by these permissions. They accordingly carry limited
weight in favour of the proposal.
Other matter
25. I note the reference to the Council’s handling of the application but this is not a
matter before me nor does it alter my findings.
Green Belt Balance
26. The proposal would constitute inappropriate development within the Green Belt. Its
impact on openness in this location would be limited. The Framework states that
substantial weight should be given to any harm to the Green Belt and that
development should not be approved except in very special circumstances.In
addition, the proposal would fail to preserve the character and appearance of the
ECA. Even when taken together, the other considerations in this case would not
clearly outweigh the harm to the Green Belt. Consequently, the very special
circumstances necessary to justify the development do not exist. The development
would therefore be contrary to Policy SADM34 of the Local Plan and guidance
contained in the Framework relating to Green Belts.
27. For the reasons given above, I conclude that the appeal should be dismissed.
K Winnard
INSPECTOR
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