Erection of two storey extension with single storey element following partial demolition of garage and associated internal alterations (revised scheme)
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Ecology & Biodiversity
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 June 2023
by Ben Plenty BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 7 July 2023
Appeal Ref: APP/L3245/D/23/3316408
Breiden, 46 Woolston Road, Oswestry SY11 4LB
• 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 Mansell against the decision of Shropshire Council.
• The application Ref 22/04688/FUL, dated 13 October 2022, was refused by notice dated
15 December 2022.
• The development proposed is Erection of two storey extension with single storey
element following partial demolition of garage and associated internal alterations
(revised scheme).
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• the effect of the proposed extension on the character and appearance of
the host building, and
• the effect of the proposal on ecological interests.
Reasons
Character and appearance
3. The appeal dwelling is a semi-detached property at the end of a loose line of
dwellings on a country lane. Its side elevation is largely exposed to wider views
due to the relatively open character of the surrounding countryside and the
absence of tall hedge planting. The dwelling has been extended in the past with
rear and side additions that have substantially increased the overall mass of
the original dwelling and eroded its simple and pleasant sandstone form. As a
result, the dwelling makes a neutral contribution to the character and
appearance of the area.
4. The proposed extension would remove the ungainly side feature, containing the
existing staircase, and subsume the flat roof two-storey rear extension into a
deeper projection. These works would partly rationalise the form of the existing
dwelling. However, the two-storey addition would project beyond the main side
elevation of the property and would add a large porch feature that would be
clad in vertical timber boarding. These features would fail to complement either
the original building or rationalise the appearance of the dwelling’s previous
extensions.
Appeal Decision APP/L3245/D/23/3316408
2
5. The two-storey extension would project further into the rear garden with an
addition of significant further bulk. It would also protrude from the main side
elevation of the dwelling creating an awkward staggered line within the side
elevation. This feature would reinforce the size of the extension. Also, the
proposed single storey side extension would be emphasised by the use of
timber board cladding. Through its position, and use of uncharacteristic
materials, this feature would be a further overt addition. The combined effect
of the proposed extensions would form an awkward juxtaposition of elements
that would diminish and harming the character of the host dwelling. Moreover,
due to the site’s prominence, the proposal would be obtrusive when
approaching the village, also resulting in harm to the character and appearance
of the area.
6. Accordingly, the proposed extensions would conflict with policy CS6 of the
Shropshire Core Strategy [2011] (CS) and MD2 of the Shropshire Council Site
Allocations and Management of Development (SAMDev) Plan [2015]. These
seek, among other matters, for development to be designed to a high quality
and respect locally distinctive character.
Ecological matters
7. The Conservation of Habitats and Species Regulations [2017] (as amended)
requires a decision maker to understand the effect of a proposed development
on protected species. The Council’s ecologist finds that the proposed works
would include roof modifications which may affect a habitat for bats, a
protected species. As such, under the Habitat Regulations, it is necessary for
the Appellant to demonstrate whether or not bats would be affected by the
proposal through a preliminary bat roost assessment.
8. This matter could not be subject to a planning condition and must be resolved
prior to consent being given. As such, the Appellant has failed to demonstrate
that the proposal would not have an adverse impact on a bat population.
Consequently, the proposal would conflict with CS policy CS17 and SAMDev
policy MD12. These seek, inter alia, for development to not adversely affect the
ecological value of Shropshire’s natural assets.
Other Matters
9. During my visit I observed that the neighbouring property ‘The Grove’ has been
extended. Whilst each case must be considered on its own merits, I note that
the neighbouring brick extension seems to be well integrated with the host
dwelling, with one main material. As such, this is not readily comparable to the
proposal. Also, whilst the proposal would not affect the living conditions of
existing neighbouring occupiers, an absence of harm in this respect can only be
considered as a neutral factor in the planning balance.
Conclusion
10. The proposal would harm the character and appearance of the area and would
conflict with the development plan when taken as a whole. For the reasons
given, I conclude that the appeal should not succeed.
Ben Plenty
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.