Erection of a two-storey outbuilding containing a garage, home office & storage area in place of a former outbuilding that has already been demolished. The building will be built using similar colours and materials used on the existing dwelling
📊
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
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 22 July 2025
by David Cross BA(Hons) PgDip(Dist) TechIOA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 August 2025
Appeal Ref: APP/M4320/D/25/3361843
Brookside Farm, Church Lane, Lydiate, Liverpool L31 4HL
• 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 Mr Ross Baigent against the decision of Sefton Metropolitan Borough
Council.
• The application Ref is DC/2024/01910.
• The development proposed is erection of a two-storey outbuilding containing a garage, home office &
storage area in place of a former outbuilding that has already been demolished. The building will be
built using similar colours and materials used on the existing dwelling.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. The description of development in the heading above has been taken from the
planning application form which differs from that on the Council’s decision notice.
In Part E of the appeal form it is stated that the description of development has not
changed and neither of the main parties has provided written confirmation that a
revised description of development has been agreed. Accordingly, I have used the
one given on the original application.
Main Issues
3. The main issues are:
• Whether the proposal would be inappropriate development in the Green Belt,
with due regard to openness; and
• The effect on the character and appearance of the host property and the area.
Reasons
Whether Inappropriate Development
4. The appeal site is within the Green Belt. Paragraph 154 of the National Planning
Policy Framework (the Framework) sets out that development within the Green
Belt is inappropriate, subject to a number of exceptions.
5. The Council has assessed the proposal against paragraph 154(c) of the
Framework which relates to the extension or alteration of a building provided that it
does not result in disproportionate additions over and above the size of the original
building; and paragraph 154(d) which relates to the replacement of a building,
Appeal Decision APP/M4320/D/25/3361843
2
provided the new building is in the same use and not materially larger than the one
it replaces.
6. However, the appellant submits that the proposal should be assessed against
paragraph 154(g) which relates to the “limited infilling…of previously developed
land… which would not cause substantial harm to the openness of the Green
Belt”. The proposal would be located in the garden of the existing dwelling, and
residential gardens which are not in ‘built-up areas’ are not excluded from the
general definition of previously developed land given in the Framework. Although
the appeal site is part of a cluster of dwellings and outbuildings, this has the
character of being sporadic development in the countryside rather than being a
built-up area. On that basis, I consider that the appeal site represents previously
developed land.
7. In respect of openness, although some images have been provided of the
outbuilding previously located on the site, these do not show its full scale and
massing. However, even if the proposal were to lead to a building where none
previously existed, the impact on openness would only be limited. The proposal
would therefore not lead to substantial harm to the openness of the Green Belt,
and would therefore not be inappropriate development in the Green belt as it
would meet the exception of paragraph 154(g) of the Framework.
8. I therefore conclude that the proposal would not be inappropriate development in
the Green Belt, and would therefore not conflict with the Framework in respect of
protecting Green Belt land. The proposal would therefore not conflict with
Policy MN7 of the Sefton Local Plan as it would meet an exception set out in
national planning policy. I have had regard to the criteria of Policy MN7(3) of the
Local Plan in respect of extensions and replacement buildings, but this does not
override the compliance with the Framework and therefore Policy MN7 as a whole.
9. The Council refers to the House Extensions Supplementary Planning Document
2023 (SPD) which states that outbuildings in the Green Belt will normally be
considered inappropriate. However, this does not negate the compliance with
paragraph 154(g) of the Framework.
Character and Appearance
10. The proposal consists of a 2-storey outbuilding located within the curtilage of the
host dwelling. Although it would be located to the rear of the site away from
Church Lane, the scale and form of this 2-storey outbuilding would be apparent.
11. The main dwelling within the appeal site is a dormer bungalow which is part of a
small cluster of dwellings. Although these include a variety of outbuildings, based
on what I have seen and read these outbuildings are not of a 2-storey design or a
similar scale and massing as the appeal proposal. Within that context, the 2-storey
form of the outbuilding would be an incongruous feature that would jar with the
understated character of the host property and neighbouring residential plots. The
first floor windows would be an uncharacteristic feature of outbuildings in this area.
The height of the roof, including an excessive eaves height, would also give the
proposal an obtrusive top-heavy appearance.
12. Although the proposal would have a lower ridge height and much smaller footprint
compared to the main dwelling, this would not be sufficient to mitigate for the harm
arising from the incongruous 2-storey design of the outbuilding and its clumsy
Appeal Decision APP/M4320/D/25/3361843
3
appearance. The use of matching materials and a roof form similar to the main
dwelling would also not be sufficient to overcome the harm arising from the design
and scale of the proposal.
13. I have had regard to the images of a previous structure on the site provided by the
appellant. However, these do not demonstrate that the structure was of a scale or
design similar to the appeal proposal.
14. I therefore conclude that due to its design and scale, the proposal would lead to
significant harm to the character and appearance of the host property and the
area. The proposal would therefore be contrary to the design and character
requirements of Policy LNP DEV1 of the Lydiate Neighbourhood Plan and Policies
HC4 and EQ2 of the Local Plan. The proposal would also conflict with the
Framework with regard to achieving well-designed places. The proposal would
also be contrary to the advice of the SPD in respect of the height, bulk and
proportionality of outbuildings.
Conclusion
15. Notwithstanding my conclusions in respect of inappropriate development in the
Green Belt, I have concluded that the proposal would lead to significant harm to
character and appearance. Although the proposal would not harm the amenities of
neighbouring residents with regard to light or have an overbearing impact, this
does not negate my conclusions in respect of character and appearance. The
proposal would therefore be contrary to the development plan when read as a
whole in respect of design and character.
16. There are no material considerations that indicate the appeal should be
determined other than in accordance with the development plan. For the reasons
given above, I therefore conclude that the appeal should be dismissed.
David Cross
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.