Extending front of garage to make a small office including the removal of the garage door
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Highways & Transport
Parking Provision
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 June 2023
by A Caines BSc(Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 29 June 2023
Appeal Ref: APP/N4720/D/23/3315354
19 Chapel Hill Road, Pool In Wharfedale, Otley, Leeds LS21 1QY
• 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 Robert Tindall against the decision of Leeds City Council.
• The application Ref 22/07957/FU, dated 28 November 2022, was refused by notice
dated 23 January 2023.
• The development proposed is extending front of garage to make a small office including
the removal of the garage door.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The application form gives a very lengthy description for the proposal, including
justification for the works and other superfluous information that is not an act
of development. Therefore, in the interests of brevity and clarity, I have
shortened the description in the banner heading above to focus only on the act
of development that is proposed.
Main Issues
3. The main issues in this appeal are:
• Whether the development would preserve or enhance the character or
appearance of the Pool-In-Wharfdale Conservation Area; and
• The effect on highway safety, with particular regard to parking.
Reasons
Conservation Area
4. The Pool-In-Wharfdale Conservation Area (the CA) covers a wide area
reflecting different uses and periods in its history. The appeal site lies within a
discreet area of predominantly 20th century housing. This area has a distinct
suburban character, but is unified by a consistent scale and traditional palette
of materials which have little impact on the historic environment.
5. 19 Chapel Hill Road is part of a terrace of townhouses constructed in a
traditional style and materials. The front facade of the building has a
well-balanced and symmetrical composition with matching features including
recessed integral garages and small lean-to porches, apart from at No 23
where the garage door has been replaced with a window following a successful
planning appeal in 2011 (APP/N4720/A/11/2154452).
Appeal Decision APP/N4720/D/23/3315354
2
6. Whilst I have had regard to the appeal decision at No 23, the proposal before
me is materially different. Most notably, the proposal involves a forward
extension flush with the existing porch. This would cause the loss of the recess
in which the garage door currently sits and an uncharacteristically wide porch
that extends across the full width of the property. The result would be a
development which appears markedly at variance with the design and
composition of the rest of the building, including No 23. These changes would
be moderate in scale, but would nevertheless harmfully affect the character
and appearance of the building.
7. Given that the proposal would cause a harmful change to the appearance of the
building, it would neither preserve nor enhance the character or appearance of
the CA as a whole. Whilst the harm to the CA can be classed as less than
substantial in the terms of the National Planning Policy Framework (the
Framework), this is nevertheless a matter of considerable importance and
weight. The private benefits that the development would bring to the occupiers
through provision of a home office, or increased living space, would not come
close to outweighing the harm to the CA.
8. Thus, the proposal fails to satisfy the statutory requirements of the
Planning (Listed Buildings and Conservation Areas) Act 1990, and parts 12
and 16 of the Framework with regards to achieving good design and conserving
and enhancing the historic environment. It would also conflict with the design
and heritage requirements of saved Policies GP5, BD6 and N19 of the
Leeds City Council Unitary Development Plan (Review 2006) (the UDP); and
Policy P10 of the Leeds City Council Core Strategy (amended 2019). I do not
however find conflict with UDP Policies N18 and N20 as the proposal does not
involve demolition in the CA.
Parking and highway safety
9. The appeal property is served by a shared space roadway off Chapel Hill Road.
The proposal would leave this family-sized property with only one off-street
parking space at the front.
10. However, the appellant explains that the garage is unsuitable for parking due
to its small size. Indeed, in allowing the appeal at No 23, the Inspector
reasoned that the dimensions of these garages are likely to make their use for
parking awkward and that, therefore, the garages do not make a practical
contribution to car parking in the locality. I have not been given any reason to
take a different view. Additionally, I do not consider that the development
would add to car parking demand at the property. It follows that there would
not be any material increase in on-street car parking. Consequently, the loss of
the garage for parking is not a matter which should count against the proposal.
11. I recognise that the forward extension could result in a car being parked
further back in the dedicated space. However, the appeal property is located at
the widest point of the roadway, and so, it is unlikely that there would be any
significant obstruction to other vehicle or pedestrian users at this point.
12. Accordingly, I find no material harm on parking and highway safety grounds.
Thus, there is no conflict with the parking and highway safety objectives of
Policy T2 of the UDP, the Council’s Street Design Guide; and part 9 of
the Framework.
Appeal Decision APP/N4720/D/23/3315354
3
Conclusion
13. I have found that the development would fail to preserve the character and
appearance of the CA. For this reason, the appeal should be dismissed.
A Caines
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.