Erection of a domestic workshop/garage/storage building
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Trees & Landscape
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Inspector’s Reasoning
1
Appeal Decision
Site visit made on 27 December 2024
by S. Hartley BA (Hons) Dist.TP (Manc) DMS MRTPI MRICS
an Inspector appointed by the Secretary of State
Decision date: 02 January 2025
Appeal Ref: APP/E2001/D/24/3352887
The Olives, Out Newton Road, Holmpton, East Yorkshire HU19 2RD
• 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 P Hodgson against the decision of East Riding of Yorkshire Council.
• The application is reference No. 24/01514/PLF.
• The development proposed is the erection of a domestic workshop/garage/storage building.
Decision
1. The appeal is dismissed.
Procedural Matters
2. A new National Planning Policy Framework was published in December 2024 (the
Framework). This replaces the previous version of the Framework, published in
December 2023. So far as the main issues are concerned, the 2024 Framework
remains essentially unaltered relative to the December 2023 version. Therefore, it
has not been necessary for me to seek comments from the main parties in
respect of the 2024 Framework.
3. The local planning authority (LPA) has referred to the draft East Riding of
Yorkshire Local Plan Update 2020-2039. However, as this has not been adopted,
I can afford it only limited weight in the decision-making process.
Main Issues
4. The main issues are i) whether the proposal would preserve or enhance the
character or appearance of the Holmpton Conservation Area 1991 (CA) and ii) the
effect of the development upon protected trees.
Reasons
Effect upon the CA
5. The CA is characterised by its woodland cover, amongst which are scattered
houses constructed with different external materials. Overall, there is a feeling of
very little enclosure amongst what often appears to be sporadic development and
where there is an important interaction between the natural and built
environments. The host property is one of several modern, detached dwellings set
Appeal Ref: APP/E2001/D/24/3352887
2
back from the road and with visible and spacious surrounding grounds with an
absence of dominant or significant boundary treatments. Collectively, these
attributes add positively and distinctively to the significance of the CA as a whole.
6. The garage would be forward of the host dwellinghouse, but it would nonetheless
be in line with the dwellinghouses along the rest of this side of the road. Moreover,
the proposed building would not abut the boundary with the main road. It would be
positioned to the side of the host dwellinghouse and so a sense of openness to
the front of the appeal property would still be retained. In addition to the above,
the proposed external materials would match those of the host property and so it
would assimilate well within the street-scene.
7. Overall, I find that the proposal would preserve the character and appearance of
the CA. It would be reflective of what is sporadic development in the CA as a
whole, and given its position, height and massing, I do not find that it would cause
harm to the street-scene or CA in design terms.
8. Therefore, I conclude that the proposed development would accord with the
design and conservation requirements of policies ENV1 and ENV3 of the East
Riding of Yorkshire Local Plan Strategy Document 2016 (ERLP SD), Sections C1
and C2 of the National Design Guide, and chapter 16 of the Framework.
Protected trees
9. Trees within Conservation Areas over a certain size are protected. There is no
evidence that the trees are not protected. There are two trees on the appeal site,
one of which is proposed for removal to accommodate the proposed
development. The other would remain.
10. I have no assessment before me concerning the impact of the proposed
development in terms of the trees. Such an assessment would relate to both the
quality and longevity of the trees on the site and their contribution to the visual
amenity of the area. Importantly, such an assessment would also include whether
the tree to be retained would be harmed because of the proposed development.
11. For the above reasons, I am not able to conclude that the proposed development
would accord with policies ENV2 of the ERLP SD, or with the Framework, which
aims to retain and protect important trees in CA’s.
Conclusion
12. While the proposed development would preserve the character and appearance
of the CA, I have been unable to conclude that it would be acceptable in terms of
the loss of and protection of protected trees. This is a matter that goes to the heart
of the acceptability of the principle of the development and hence the imposition of
a planning condition would not be an option in this case. This is a matter of
overriding concern and is not outweighed by any other material planning
considerations. Therefore, I conclude that the appeal should be dismissed.
S. Hartley
INSPECTOR
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