Demolish existing garage and construct new garage/garden room along boundary
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Heritage & Conservation
Sustainability
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 April 2025
by Andreea Spataru BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 29 May 2025
Appeal Ref: APP/J3015/D/25/3360334
76 Wellspring Dale, Stapleford, Nottinghamshire NG9 7EU
• 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 Reka Szarvas against the decision of Broxtowe Borough Council.
• The application Ref is 24/00745/FUL.
• The development proposed is described as ‘demolish existing garage and construct new
garage/garden room along boundary’.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. Since the application was determined, a revised National Planning Policy
Framework (the Framework) was published on 12 December 2024. However, as
any policies that are material to this decision have not fundamentally changed, I
am satisfied that this has not prejudiced any party. I have had regard to the latest
version of the Framework in reaching my decision.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the host dwelling and the surrounding area.
Reasons
4. The appeal site relates to a semi-detached, two-storey dwelling located on the
eastern side of Wellspring Dale, in a predominantly residential area. The property
has a drive to the side and a garden to the rear. At the time of my site visit the
garage shown as ‘existing’ on the submitted plans was not in place. The set in of
the appeal dwelling from the side boundary shared with No 78 Wellspring Dale
allows for views towards the rear of the property from Wellspring Dale. Garages
are common within the immediate area, and there is generally consistency in their
scale and appearance, particularly as they appear proportionate to their host
dwellings.
5. The proposed single-storey, flat roofed garage/garden room, which would
accommodate several solar panels, would occupy part of the rear garden. It would
extend across the northern side boundary of the site, along the full depth of the
rear garden, and across a significant part of the rear boundary of the appeal site.
In addition to its depth, which would considerably exceed that of the host dwelling,
Appeal Decision APP/J3015/D/25/3360334
2
the garage/garden room would also have a considerable width, particularly
towards the rear.
6. Due to a combination of its unusual shape, flat roof, and overall mass and scale,
the garage would appear as an incongruous and disproportionate addition. Given
its siting, views of it would be available within the street scene and from the
surrounding properties. I am unconvinced that matching tiles could be used due to
the proposed flat roof, and I have not been provided with detailed evidence in this
regard. Nevertheless, the proposed roof style would not be sufficient to make the
structure appear proportionate to the host dwelling. Therefore, the garage would
be harmful to both the character and appearance of the host dwelling and the
surrounding area. This would be irrespective of the appeal site’s location outside a
conservation area and away from listed buildings.
7. In conclusion, the proposed garage/garden room would be harmful to the
character and appearance of the host dwelling and the surrounding area. Thus, it
is contrary to Policy 10 of the Aligned Core Strategies Part 1 Local Plan adopted
2014 and Policy 17 of the Broxtowe Borough Council Part 2 Local Plan 2018-2028
adopted 2019, which collectively require developments to integrate well into their
surroundings.
Other Matters
8. The appellant considers the proposal represents a sustainable development that
would make efficient use of land. I acknowledge the benefits of the proposal for the
appellant’s family in terms of additional ancillary space. However, the Framework
states, at paragraph 131, that good design is a key aspect of sustainable
development. Given the harmful impact that the proposal would have on the
character and appearance of the host dwelling and the surrounding area, the
development fails to achieve the aims of the Framework, and any private benefits
do not outweigh the harm identified.
Conclusion
9. For the reasons given above, I conclude that the proposal would conflict with the
development plan and there are no material considerations, including the
Framework, that would outweigh that conflict. Therefore, the appeal is dismissed.
Andreea Spataru
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.