Extension of single-storey bedroom on side of existing building, plus a small open porch on the front of the bungalow. Exterior to match the existing building
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Green Belt Policy
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 December 2023
by A Caines BSc(Hons) MSc TP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14th December 2023
Appeal Ref: APP/W1525/D/23/3318893
Hicks Farm Lodge, Holliday Hill, West Hanningfield, Essex CM2 8UG
• 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 Liam Wallis against the decision of Chelmsford City Council.
• The application Ref 22/02105/FUL, dated 15 November 2022, was refused by notice
dated 12 January 2023.
• The development proposed is described as extension of single-storey bedroom on side
of existing building, plus a small open porch on the front of the bungalow. Exterior to
match the existing building.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this appeal are:
• Whether the proposal amounts to inappropriate development in the
Green Belt for the purposes of the development plan and the
National Planning Policy Framework (the Framework).
• The effect on the openness of the Green Belt; and
• If the proposal is inappropriate development, whether any harm by
reason of inappropriateness and any other harm is clearly outweighed by
other considerations so as to amount to the very special circumstances
necessary to justify the proposal.
Reasons
Inappropriateness
3. The appeal property is a modest single storey, 1-bed dwelling located in the
countryside outside the village of West Hanningfield, and is within the
Metropolitan Green Belt. To the south is a pair of two-storey, semi-detached
cottages. To the north is a farmyard area for storing timber and equipment,
with other farm buildings further beyond. To the east and west is equestrian
grazing land.
4. The proposal includes a single-storey side extension and front porch. The side
extension would measure 4.9m by 5.4m in floor area and would be set back
marginally from the main front wall with a corresponding lower ridge height.
The front porch would be open-sided with timber supports, measuring 1.45m
by 1.89m.
Appeal Decision APP/W1525/D/23/3318893
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5. Paragraph 149 of the Framework states that the construction of new buildings
should be regarded as inappropriate in the Green Belt, unless it falls within a
number of listed exceptions. One of these exceptions is the extension or
alteration of a building provided that it does not result in disproportionate
additions over and above the size of the original building. Policy DM11 of the
Chelmsford Local Plan 2020 (the LP) reflects this approach.
6. On the evidence before me, the proposal would increase the floor area of the
original building by 40%. The side extension in particular would add significant
bulk and massing relative to this modest building, also increasing its length by
nearly 5m. Even putting aside a purely numerical assessment, in considering
the increase in the size of the original building reasonably and objectively, the
proposal would be a significant increase in the size of the original building, and
would, in my planning judgement, result in a disproportionate addition.
7. I note the appellant’s suggestion that the proposal does not conflict with the
purposes of the Green Belt. However, an assessment of the proposal against
the purposes of the Green Belt is not a matter that affects the consideration as
to whether it is inappropriate or not.
8. Accordingly, I find that the proposal is inappropriate development in the
Green Belt, which is, by definition, harmful and therefore contrary to national
and local policy to protect the Green Belt.
Openness
9. In visual terms, the screening from the dense roadside hedge means that
public views of the site are only briefly obtained from the south and through
the driveway. This would help to reduce the visual impact on openness.
Nevertheless, the proposal would result in an overall greater volume and
spread of built development on the site. This would have the effect of reducing
the openness of the site in spatial terms, irrespective of any views.
10. Therefore, some harm to the openness of the Green Belt would occur. The
Framework advises that openness is an essential characteristic of the
Green Belt, the fundamental aim of which is to keep land permanently open.
The loss of openness caused by the proposal would be at odds with this
fundamental aim.
Other considerations
11. The private benefits that the proposal would bring to the occupiers of the
property are noted, but can only be afforded limited weight in support of
the proposal.
12. The appellant states that the adjacent cottages have been significantly
extended. However, my assessment is limited to the increase in the size of the
appeal building.
13. Separate to the effects on the Green Belt, the Council did not identify any harm
in character and appearance terms, and I see no reason to disagree. However,
this absence of harm is a neutral matter.
Conclusion
14. I have found that the proposal is inappropriate development in the Green Belt
which is, by definition, harmful to the Green Belt. I have also found some harm
Appeal Decision APP/W1525/D/23/3318893
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to the openness of the Green Belt. The Framework is clear that substantial
weight should be given to any harm to the Green Belt and that very special
circumstances will not exist unless the harm to the Green Belt is clearly
outweighed by other considerations.
15. On analysis of all the above, there are no other considerations in this case that
clearly outweigh the Green Belt harm I have identified. Consequently, the very
special circumstances necessary to justify the proposal do not exist. The
proposal is therefore contrary to the Framework and Policy DM11 of the LP.
Accordingly, the appeal should be dismissed.
A Caines
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