Detached single storey outbuilding
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Character & Appearance
Residential Amenity
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 7 August 2023
by M Clowes BA (Hons) MCD PG CERT (Arch Con) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 August 2023
Appeal Ref: APP/Z4718/D/23/3316367
Abinger Mistle, Scholes Moor Road, Scholes, Holmfirth HD9 1RU
• 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 and Mrs Lewis against the decision of Kirklees Metropolita n
Council.
• The application Ref 2022/62/93909/W, dated 2 December 2022, was refused by notice
dated 30 January 2023.
• The development proposed is described as ‘detached single storey outbuilding.’
Decision
1. The appeal is dismissed.
Procedural Matters
2. Since the development has been carried out, retrospective planning permission
has been sought. In the banner heading above ‘retrospective’ is removed from
the planning application form description, as it is not a form of development.
Main Issue
3. Whilst the Council references the loss of garden/amenity space within the
reason for refusal, the officer report clarifies that the Council is not concerned
regarding the impact of the proposal on the living conditions of the existing
occupiers. Likewise, no reasons for refusal associated with harm to the Green
Belt have been advanced and I see no reason to disagree with this view.
Consequently, the main issue of this appeal is the effect of the development
upon the character and appearance of the area.
Reasons
4. The appeal site comprises an end of terrace dwelling forming part of a
converted agricultural barn. Fields pepper-potted with occasional dwellings and
agricultural development form the surrounding area. Despite being heavily
altered, the appeal site contributes positively to the rural character of the area
as part of a linear range of buildings, with a cat slide roof and local stone walls.
5. The outbuilding sits prominently adjacent to Scholes Moor Road and the
vehicular access to the terrace. Although single-storey it has a large scale
arising from its height and wide footprint. Being open-sided does give a rural
feel to the building but not in a traditional sense, given that the opening sits
under the asymmetrical side of the mono-pitched roof. This gives it a
somewhat uncharacteristic and unusual appearance. Whilst the plans indicate
the use of the building as an implement and garden store, there are no doors
to secure or screen the contents from open view. Furthermore, at the time of
my visit it was being used to park a vehicle. In south-westerly views from
Scholes Moor Road it has the appearance of a domestic car port which presents
visual clutter that detracts from the setting of the barn conversion complex. It
Appeal Decision APP/Z4718/D/23/3316367
2
is unclear whether the building is finished however, the installation of a roller
shutter type door would further detract from the appearance of the building.
6. Moreover, the outbuilding despite the use of reclaimed materials, presents a
high eaves height to the road with differing stone and method of coursing such
that it appears to intercept, rather than form part of the wider roadside wall.
Whilst a metal roof is not itself inappropriate in a rural setting, the dark,
chunky cladding to the eaves emphasises the shallow form of the roof and its
contrary orientation and appearance to the roof forms of the dwelling and the
wider terrace. In this regard the development fails to comply with the Kirklees
House Extensions and Alterations SPD (2021) which advises that outbuildings
should reflect the style, shape and architectural features of the existing house.
7. It is suggested that the outbuilding was constructed on a smaller scale to a
building that previously occupied a similar position. Be that as it may, the
previous building was demolished, and the wider context of the site has
changed following the domestic conversion of the barn. Given the unequal wall
heights and rudimentary nature of the roofing material, the appellant’s
photographs indicate that the previous building was modified from a taller
structure, rather than being purpose built in that form. The original building
although of a larger footprint had a lower height and overall scale, with the
open frontage facing into the farmyard away from Scholes Moor Road. The
development therefore differs considerably from the previous building, such
that it does not justify the harm exerted to the character and appearance of
the area from the current outbuilding.
8. The development adversely effects the character and appearance of the area.
It is therefore contrary to Policies LP24 and LP57 of the Kirklees Local Plan;
Strategy and Policies (2019) which seek amongst other things that
development is of a form, scale, layout and details that respects and enhances
the character of the landscape including the Green Belt setting. The
development also fails to comply with Policies 1 and 2 of the Holme Valley
Neighbourhood Development Plan 2021-2031 (2021) which seek to ensure
development respects the scale, mass, height and form of existing buildings
and minimises its visual impact on the landscape setting.
Other Matters
9. I note the letters of support from interested parties. However, I have come to a
different view regarding the impact on the character and appearance of the
area for the above reasons. There is no evidence before me to indicate that the
privacy of neighbouring occupiers would be significantly harmed were the
building not in situ. In any event, any perceived privacy benefit would not
outweigh the harm identified to the character and appearance of the area,
given that there are likely to be other ways of achieving privacy.
10. The lack of harm with regard to the loss of garden area is neutral in the
planning balance weighing neither for, nor against the proposal.
Conclusion
11. For the reasons given above having considered the development plan as a
whole, and all other considerations, the appeal is dismissed.
M Clowes
INSPECTOR
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