Front porch and bay alteration and rear extension
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Green Belt Policy
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 October 2025
by L Gardner MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15th October 2025
Appeal Ref: APP/B1550/D/25/3371985
Hambro Lodge, Chelmsford Road, Rawreth, Essex SS11 8SY
• 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 D Finch against the decision of Rochford District Council.
• The application Ref is 25/00225/FUL.
• The development proposed is front porch and bay alteration and rear extension.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. The application form refers to the property as Hambro House. The appellant has
confirmed that this is an error, and the correct address is Hambro Lodge. I have
proceeded with the appeal on this basis. I note that the revised address is on the
decision notice and therefore I do not consider that either of the main parties have
been prejudiced by me taking this approach.
Main Issues
3. The main issues 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;
• the effect of the proposal on the openness of the Green Belt, and;
• whether any harm by reason of inappropriateness, and any other harm,
would be clearly outweighed by other considerations, so as to amount to the
very special circumstances required to justify the proposal.
Reasons
Whether inappropriate development
4. The appeal site comprises the existing residential dwelling known as Hambro
Lodge, a single storey bungalow set broadly centrally within the plot. The site,
which sits to the east of the A1245, is within the Green Belt. The Government
attaches great importance to Green Belts, with paragraph 153 of the Framework
stating that substantial weight should be given to any harm to the Green Belt,
including harm to its openness.
Appeal Decision APP/B1550/D/25/3371985
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5. Policy DM17 of the Rochford District Council Development Management Plan
(DMP) (2014) relates to extensions to dwellings in the Green Belt. The policy
states that applications for extensions to dwellings in the Green Belt will be
considered favourably provided that the proposal would result in no more than a
25% increase in internal floorspace of the original dwelling, and provided that it
would not involve a material increase in overall height and has been designed to
avoid a negative impact on the character and appearance of the Green Belt
through its scale, mass and orientation.
6. The Framework outlines several exceptions to inappropriate development at
paragraphs 154 and 155. Within these exceptions there is an allowance under
paragraph 154 c) that the extension or alteration of a building would not be
inappropriate development, provided that it does not result in disproportionate
additions over and above the size of the original building.
7. It is not disputed between the main parties that the existing dwelling, at
some 78m², forms the original building for the purposes of assessment against the
relevant Green Belt policy. It is also not disputed that the proposed development,
of a porch and rear extension, would exceed the 25% threshold set through Policy
DM17 of the DMP and represent a 40% increase in habitable floorspace. Based on
the evidence before me, I see no reason to take a different view on these matters.
8. The Framework does not set a numerical threshold in the same way that Policy
DM17 of the DMP does. The appellant has brought an appeal decision to my
attention in Hertfordshire1, where St Albans City & District Council has planning
guidance outlining that an increase in floorspace of 20-40% may be acceptable,
thus over the 25% threshold referred to in Policy DM17 of the DMP. The appellant
is not seeking to present that the appeal scheme in Hertfordshire is otherwise
directly related to the appeal scheme before me.
9. Whilst the setting of mathematical figures can provide a useful tool in assessment,
they do not override the planning judgement which must be undertaken in the
determination as to whether an extension or alteration to a building is
disproportionate in the context of the Framework.
10. The proposed extension to the rear of the dwelling would span the entire width of
the dwelling. Whilst it would not increase the overall height, it would significantly
increase the volume through the additional roof massing proposed at the rear. This
would be considerably greater than the existing modestly proportioned roof form
which features a pitched roof projection at a lower height than the main hipped
roof.
11. The exceedance of a 25% increase in internal floorspace represents a clear
conflict with Policy DM17 of the DMP. However, irrespective of this, when
assessed against the provisions of the Framework which refer more broadly to the
size of the original building, I find that the proposal, through its floorspace, footprint
and volume, would represent a disproportionate addition over and above the size
of the original building.
1 APP/B1930/D/24/3355310
Appeal Decision APP/B1550/D/25/3371985
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Openness
12. Paragraph 142 of the Framework outlines that the fundamental aim of Green Belt
policy is to prevent urban sprawl by keeping land permanently open; the essential
characteristics of Green Belts are their openness and their permanence.
Openness can have both spatial and visual aspects.
13. Most of the proposal would be to the rear of the dwelling, extending the footprint
and leading to a greater proportion of the appeal site being occupied by built form.
Visually, whilst the proposal would not increase the overall height of the dwelling, it
would add considerably to its massing through the increased bulk of the roof of the
rear projection.
14. Noting that the extensions would be self-contained within the curtilage of the
existing dwelling, I consider that the effects on both the spatial and visual
openness of the Green Belt would be limited. Nevertheless, the proposal would
erode the openness of the Green Belt, which is one of its essential characteristics.
I therefore conclude that the proposal would not preserve and therefore would
have a harmful effect on the openness of the Green Belt. This carries substantial
weight as per paragraph 153 of the Framework.
Other considerations
15. The supporting text for Policy DM17 of the DMP acknowledges that permitted
development (PD) rights enable some development to be undertaken without the
need to obtain planning permission, and that in some cases this allows greater
flexibility for extensions to dwellings in the Green Belt.
16. I understand that the appellant has already exercised their PD rights through the
construction of outbuildings within the appeal site. It is stated that the appellant
has a particular desire to extend to the rear of the property. In this respect, two
potential fall-back positions have been presented in the form of two alternative
developments which could be delivered through PD rights.
17. The first of these relates to the provision of two separate single storey extensions
to the rear, both of which would extend 4 metres from the existing rear elevation.
The combined footprint of these would be 32.3m². Nevertheless, I do not have
details of the proposed elevations which would facilitate such extensions and
therefore I cannot be satisfied that they would be more harmful in Green Belt
terms, given that I have not been presented with the resultant massing or roof
forms.
18. The second option refers to extensions which would amount to 51.7m², therefore
notably above the footprint proposed through the appeal scheme. During the
appeal proceedings, the appellant has confirmed that the Council has determined
that prior approval is not required for an 8m rear extension which would form part
of this development.
19. Elevational details have been provided of part of this scheme which show a much
lower roof height to the additional rear projection when compared to the appeal
scheme. Rather than representing a credit to the appeal scheme, I have found that
the proposed roof massing would be harmful to the Green Belt. On this basis, I do
not consider that the development of the dwelling in the manner proposed in the
second potential fall-back position would be more harmful to the Green Belt than
Appeal Decision APP/B1550/D/25/3371985
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the appeal proposal before me. I have therefore given limited weight to both of the
potential fall-back schemes presented.
20. My attention has been drawn to the context of the site area, with the appellant
stating that the appeal site lies within the centre of a clearly defined village.
Specifically, details of a commercial development at Hambro Nursery to the rear
have been provided, which represent an extant permission for the construction of
new buildings for storage and distribution or light industry. I acknowledge that
users of this site would drive past the appeal site given the presence of the access
road to the south. In addition to this, I have been provided with details of a
permission relating to an established industrial estate for 12 new compounds at
Clovelly Works.
21. I am not aware of the circumstances which led to the approval of these
developments. They are clearly not directly comparable to the appeal scheme
before me which relates to the extension of an existing dwelling and therefore I
have given them minimal weight in my decision.
22. The appellant has also made reference to an existing dwelling to the north of the
appeal site which they present as being of a much larger scale than the appeal
building. Based on the evidence before me it appears that the dwelling to the north
has been extended through PD rights. Whilst again I do not have the full details, it
is not comparable to the appeal scheme before me which relates to development
beyond the scope of PD. The size of the dwelling to the north does not justify the
appeal proposal before me and therefore I have given it minimal weight in my
decision.
23. The appellant has highlighted that there are no single storey bungalows in their
truest sense within the vicinity. The relevance of this in terms of the reasoning as
to why it would lead me to conclude the appeal scheme is acceptable has not
been advanced. I therefore cannot conclude that it represents a reason to justify
the appeal scheme and have given this point minimal weight.
24. Policy DM17 of the DMP states that any grant of planning permission will be
conditioned to remove PD rights which would allow the dwelling to be extended in
order to control their scale, appearance and impact. The appellant has suggested
that they would be happy with the imposition of such a condition.
25. However, paragraph 57 of the Framework states that planning conditions should
not be used to restrict national PD rights unless there is clear justification to do so.
The Planning Practice Guidance (PPG) reinforces this, stating that, “area-wide or
blanket removal of freedoms to carry out small scale domestic and non-domestic
alterations that would otherwise not require an application for planning permission
are unlikely to meet the tests of reasonableness and necessity.”
26. I do not consider that the removal of PD rights would be a reasonable condition for
me to impose if I were otherwise minded to allow the appeal. I have therefore
given this point limited weight.
Green Belt Balance
27. The proposal constitutes inappropriate development in the Green Belt which would
also cause harm to the openness of the Green Belt. I attach substantial weight to
the associated Green Belt harm. The Framework indicates that inappropriate
Appeal Decision APP/B1550/D/25/3371985
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development is, by definition, harmful to the Green Belt and should not be
approved except in very special circumstances.
28. Very special circumstances will not exist unless the potential harm to the Green
Belt by reason of inappropriateness, and any other harm, is clearly outweighed by
other considerations. Taken together, the other considerations put forward carry at
most limited weight. It follows that the substantial weight to be given to Green Belt
harm is not clearly outweighed by other considerations in this case. Therefore, the
very special circumstances required to justify the proposed development do not
exist. The proposed development would not accord with the Green Belt aims of
Policy DM17 of the DMP or the Framework.
Other Matters
29. I note that the Council has raised no issues from a purely design perspective and
that the proposed use of materials would be acceptable. No concerns have been
raised in relation to the effects of the proposal on the living conditions of
neighbouring properties. Whilst I find no reason to take a different view in relation
to these matters, they do not weigh in favour of the proposal.
Conclusion
30. For the above reasons, having considered the development plan as a whole, the
approach in the Framework, and all other relevant material considerations, the
appeal is dismissed.
L Gardner
INSPECTOR
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