Development proposed removal of existing storage container unit. Construction of detached garage, workshop and storage room with home office rooms over for incidental use to the main dwelling
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Ecology & Biodiversity
Trees & Landscape
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Inspector’s Reasoning
Appeal Decision
Site visit made on 1 July 2025
by Eleni Marshall BSc (hons) MSc FRICS FAAV MRTPI
an Inspector appointed by the Secretary of State
Decision date:07 July 2025
Appeal Ref: APP/W2845/D/25/3365391
Ridgeway Farm, Hartwell Road, Ashton, West Northamptonshire, NN7 2JR
• 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 Joyce against the decision of West Northamptonshire Council.
• The application reference is 2024/2061/FULL.
• The development proposed removal of existing storage container unit. Construction of detached
garage, workshop and storage room with home office rooms over for incidental use to the main
dwelling.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are the impact of the proposal upon i) the setting of the host
dwelling and local area, ii) ecological impacts, wildlife mitigation and trees and iii)
whether the proposal would be tantamount to a self-contained/independent unit.
Reasons
Setting
3. The appeal site is a detached bungalow which stands within a large plot forming
part of Ridgeway Farm which comprises the host dwelling which shares the former
farm access with a converted barn, adjoining the site, which is in commercial use
as part of the appellant’s business. The appeal site stands outside of the village
confines of Ashton and is therefore classified, in planning terms, as being within the
open countryside. The proposal before me seeks to build a detached building
which would provide garaging with a workshop, storeroom and a study/office space
over to be occupied in connection with the host dwelling.
4. The site benefits from dense hedgerow/boundary vegetation along Hartwell Road
meaning that there are no clear views of the host property from the highway. The
footprint of the building, shown for context on the site plan (A24-294-004),
demonstrates that the footprint of the proposal would be smaller than the host
dwelling. Despite this, I find that the proposed building would appear excessive in
scale as a result of the roof geometry, height and design.
5. The proposal would be of a comparable height to the host dwelling itself. The lower
ground level would allow the proposed building to be positioned in the region of half
a metre lower than the adjacent floor level of the host dwelling, however, whilst the
eaves and ridgeline of the proposal are acknowledged to be slightly lower, I do not
find that they are low enough to be subservient as an outbuilding to the host
Appeal Decision APP/W2845/D/25/3365391
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dwelling. I do not find that the difference in site levels, noted as being shown on
the proposed elevations, means that the proposal would be reduced in prominence,
visually, in the context of the host dwelling. The proposed elevations are shown in
the context of the existing bungalow, and I find that the proposal would be out of
keeping with the context of the host dwelling and would not present as visually
subservient. I do not find that the proposal would align with the character or
function of the existing dwelling which is, ultimately, modest in its appearance and
setting as a result of its original construction dwelling tied to the former agricultural
business at the farm (albeit no longer in operation at Ridgeway Farm).
6. Whilst the proposal would not be visible in external views, i.e. from the public
domain/adjacent highway, a lack of visibility beyond the appeal site boundary does
not override the requirement for proposals to be acceptable in the context of the
host dwelling in terms of the character and appearance of the site itself. I do not
find that the proposal would necessarily be out of keeping or unsympathetic to the
rural identity and character of the surrounding area, nor that it would result in
detrimental visual impact beyond the boundary of the appeal site, however, for the
reasons outlined I find that the scale, design and height of the proposal would fail to
be subservient and would look overly dominant in the context of the host dwelling
and I find the proposal unacceptable in that regard.
7. I note the proposal is smaller in footprint terms, however, I do not find the bulk
scale and massing as a result of height, design and roof geometry means that it
follows the impact is limited. I acknowledge that the appellant’s property currently
has no external storage or covered parking/garaging save for a metal container
which would be removed as part of the proposal. The appellant’s requirement for
further accommodation is acknowledged but I do not find that the growth of the
appellant’s business, now utilising the whole adjacent facility, then necessarily
justifies the proposal before me in its current form. Overall, I find that the proposal
would appear overly bulky, dominant and unsympathetic to the character of the
host dwelling and that it would fail to appropriately demonstrate a subordinate
relationship. The proposal would be located in an area to the front of the existing
built form which would result in removal of a number of trees and dense vegetation
further compounding the impact of the proposal overall in terms of the site setting.
8. The proposal would be contrary to South Northamptonshire Part 2 Local Plan (LP2)
Policy SS2 which requires proposals to use a design led approach to demonstrate
compatibility and integration with its surroundings in terms of type, scale, massing,
siting, form and design. The proposal would also be contrary to LP2 Policy SDP1
which requires proposals in the open countryside should be appropriate to their
context. The proposal would also be contrary to Ashton Neighbourhood Plan 2021
Policy ANDP8 which requires development to demonstrate that appropriate
account has been taken of existing building forms and that care and maintenance
of trees should be of paramount importance to the character of Ashton. The
proposal would also be contrary to the South Northamptonshire Design Guide 2017
which requires (in the context of ancillary accommodation) proposals to be clearly
subservient to the main house in terms of scale and height.
Ecological impacts, wildlife mitigation and trees
9. Householder developments are exempt from mandatory Biodiversity Net Gain
(BNG) as a result of the Environment Act 2021; however, this does not then follow
that such proposals are exempt from the biodiversity requirements set out within
Appeal Decision APP/W2845/D/25/3365391
3
the Local Plan which is the starting point for determination of applications nor are
householder developments exempt from a requirement to ensure that proposals do
not impact upon protected species.
10. I note that a Preliminary Wildlife Assessment Check has been undertaken through
Partnership for Biodiversity in Planning and whilst there are no European
designated sites, Nationally designated sites and no Nature Reserves within 50
metres of the proposed development I do not find that this document is sufficient in
terms of information as to the potential loss of habitat or impact upon protected
species as a result of the proposal. The appellant has attached, at appendix 6, a
plan of trees which would be removed as a result of the proposal, but the proposal
does not show a detailed consideration of the ecological impacts or wildlife
mitigation to preserve and enhance biodiversity at the point of determination – the
removal of a number of trees and established vegetation has potential for impact
upon protected species.
11. I note the appellant has no objection to a landscaping condition requiring future
native planting. Whilst such a condition would be positive, I do not find that a
condition of this nature would overcome the issues related to potential impacts
upon protected species and/or habitats I have identified based upon the limited
information on such matters.
12. The proposal would be contrary to West Northamptonshire Joint Core Strategy
Local Plan Part 1 2014 (LP1) Policy NE4 which requires proposals to seek to
integrate existing trees, woodland and hedgerows and that where the loss of
existing trees is unavoidable suitable replacement planting will be required within
the development site. The proposal would also be contrary to LP1 Policy NE5
which requires proposals to conserve and enhance biodiversity in order to provide
measurable net gain. Whilst householder applications are exempt from mandatory
BNG, LP1 Policy BN2 is clear that development will be subject to an ecological
assessment and required to demonstrate it will maintain and enhance existing
designations or deliver a net gain in biodiversity. LP2 Policy SS2 also requires
proposals to show a detailed consideration of ecological impacts and to enhance
biodiversity.
Self-contained/independent unit
13. The Council’s second refusal reason is based upon their view that the proposal and
functional arrangement, would resemble an independent unit rather than a
conventional garage workshop building with modest personal space over. Whilst,
as discussed above, I have found the scale and height of the proposal to be
unacceptable insofar as I do not find it subservient to the host dwelling – the
proposal must be considered on the basis which it has been submitted rather than
speculatively as to alternative use. The proposal that is before me, shows on the
plans, a workshop space, storage, garaging and office space over – I do not find
that facilities, such as toilets shown on the plans, could be said to provide all the
necessary facilities for the proposal to be considered self-contained.
14. The proposal as submitted would be in close proximity to the host dwelling and
share access, services and have limited separation distance meaning that separate
occupation or unconnected occupation to the host dwelling would be unlikely and I
do not find in this case that, subject to a condition requiring the proposal to remain
ancillary to the host dwelling and not to be let or occupied independently, that the
Appeal Decision APP/W2845/D/25/3365391
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proposal would result in or be tantamount to the creation of an independent unit. I
find the site characteristics would mean that it would be reasonably associated in
basic terms to the host dwelling, as part of that planning unit, despite a lack of
physical connection and the acknowledged separate access through the external
staircase. I note that the Council’s questionnaire suggested such a condition in the
event this appeal was allowed.
15. The proposal would be consistent, in terms of link and association to the host
dwelling, with LP2 Policy SS2 seeking to demonstrate integration with its
surroundings (in this case the host dwelling) as well as being consistent with
paragraph 135 of the Framework which, as an overarching objective, seeks to
ensure that proposals are appropriate for the site.
Other Matters
16. The appellant suggests that similar floorspace could be provided as a single storey
structure within the provisions of the Town and Country Planning (General
Permitted Development)(England) Order 2015. Whilst it is not within the scope of
this appeal to consider what is, or is not, permitted development the proposal as
submitted would not fall under Schedule 2, Part 1, Class E insofar as Class E
restricts proposals to single storey as well as requiring buildings not to be on land
forward of a wall forming the principal elevation of the original dwellinghouse.
17. Whilst I acknowledge the potential for utilisation of Class E for the provision of an
incidental building, I attribute limited weight to this as a consideration within this
appeal based upon the fact that the proposal in its current form and location is
notably beyond the scope that would be allowed comparatively as a fallback
position if the appellant proceeded to seek to provide alternative facilities within the
site beyond the control of the Council under permitted development. A permitted
development proposal, even of the same footprint, would not be located in the
same position nor of the same bulk, massing or height which are the matters which
I have found to be unacceptable in the context of subservience to the host dwelling.
18. I note the appellant’s commentary with regard to the application having taken 46
weeks to determine, however, the handling of the application itself within the
determination period by the Council is outside the scope of this appeal.
Consistency in decision making is key to maintaining confidence within the planning
system and as noted, each case should be considered on its own merits. The
appellant has made reference (alongside extracts of the site plan, the Council’s
delegated report and an image) to what is stated to be a self-contained annex in
the region of 2.5 miles from the appeal site. No further information is provided such
as the plans for the proposal or Council’s decision notice to allow me to take into
account the relevant considerations and characteristics for that site to draw any
conclusions as to consistency and approach to that decision.
19. In this case, in relation to the appeal proposal that is before me, I have found that
the occupation/use could be considered as ancillary and not necessarily a self-
contained unit, which could also be controlled by condition. I do not, in the case of
the example provided by the appellant, have any details as to the size and design
of the host dwelling itself, nor the site setting, in order to be able to draw any
conclusions as to the Council’s conclusion that the example was considered
subservient in that case. I have assessed the proposal before me based upon its
own merits, the evidence before me at the point of determination and that which I
Appeal Decision APP/W2845/D/25/3365391
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saw during my site visit and, for the reasons set out, I have found the proposal
unacceptable in the context of the host dwelling as a result of height, design and
massing as well as protected species and biodiversity.
Conclusion
20. For the reasons outlined above, and taking into account all other matters raised, I
conclude that the appeal should be dismissed.
Eleni Marshall
INSPECTOR
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