Reinstate roof to existing garage structure, lift the roof eaves up to allow home office within roof space with rear dormer and rooflights to the front elevation. Existing roof structural was removed by the previous property owner to validate Planning Approval to form new dwelling on the plot in 2007
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Character & Appearance
Flood Risk
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 September 2023
by Eleni Randle BSc (hons) MSc FRICS FAAV MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22nd September 2023
Appeal Ref: APP/Y3425/D/23/3325678
19 Berkeley Street, Stone, Staffordshire, ST15 8LS
• 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 Mark Axon against the decision of Stafford Borough Council.
• The application Ref 22/36901/HOU dated 13 December 2022, was refused by notice
dated 4 July 2023.
• The development proposed is reinstate roof to existing garage structure, lift the roof
eaves up to allow home office within roof space with rear dormer and rooflights to the
front elevation. Existing roof structural was removed by the previous property owner to
validate Planning Approval to form new dwelling on the plot in 2007.
Decision
1. The appeal is dismissed.
Procedural Matters
2. Since the determination of the application, and the submission of this appeal, a
revised National Planning Policy Framework 2023 (the Framework) was
adopted on 5 September 2023. The refusal reason references the Framework
however, there is no specific assessment against the Framework within the
Council’s delegated report. It is not considered that this impacts upon the
determination of this appeal given the main changes to the Framework.
Main Issue
3. The main issue is the impact of the proposal upon the host property, street
scene and character and appearance of the area.
Reasons
4. The appeal site is an end of terrace dwelling. To the side of the dwelling is a
vacant area which is understood to have originally been number 17 Berkeley
Street with the planning history, outlined within the council’s delegated report,
confirming historic permission for new residential development on the site. The
appellant confirms that the existing roof structure was removed, by the
previous property owner, in order to validate planning permission for a new
dwelling on the plot in 2007.
5. At the time of my site visit I noted that remains of the side and rear walls of
the previous garage structure are evident, with the appellant having provided
photographs, of the previous structure, as photograph ME1. The appeal
proposal seeks permission for the construction of a new garage structure with a
habitable room above to provide a home office. The Council confirm that the
principle of reconstruction of a garage within the appeal site is acceptable and
Appeal Decision APP/Y3425/D/23/3325678
2
note that the removal of the remaining structure and a replacement building
could be an improvement to the character and appearance of the street scene.
I have no reason to conclude differently on these elements, however, the
proposal must still be acceptably designed taking into account the host
property, the street scene, as well as the character and appearance of the site
and surrounding area.
6. The appellant has noted an existing detached garage structure at 24 Berkeley
Street (no. 24) as well as providing photographs (as ME2 and ME3
respectively). I note some similarity between that garage and the appeal
proposal before me (such as the extensive roof massing), however, there are
also some notable differences. The garage at no. 24 is adjacent to an access
road which provides access to a courtyard to Berkeley Court Mews. As a result
of this, the garage does not completely infill a gap between two terraced
dwellings as would be the case with the appeal proposal before me. In
addition, and most notably, the garage at no. 24 has a significant set back
from the front elevation of its host property resulting in the garage structure
being around a car length back from the street scene itself. I find that these
factors assist in mitigating the impact of the garage at no. 24 on the end of the
terraced row. I acknowledge the overall height and roof structure is
comparable but the set back and gap to the right-hand side are not comparable
to the proposal before me. Each case must be considered on its own merits.
7. The proposal within this appeal would, by comparison, result in the garage
structure being level with the front elevation of the host property, with no set
back, and would entirely fill the space available between 15 and 19 Berkeley
Street. The proposal would also introduce a double garage door on the front
elevation which, in the context of the wider street scene, would be an
uncharacteristic feature within the terraced row. The ridge height of the
garage would be comparable to the eave height of the host property, however,
due to the fall in site levels (which results in the neighbouring property being at
a slightly lower level) the ridge height of the garage would exceed the eave
height of no. 15. The eave height of the proposal would be around 2.4 metres
with an overall, maximum, height of 6.2 metres which would result in a large
volume of roof massing which would result in a visually bulky and prominent
feature in contrast to the host dwelling and within the middle of the terraced
row and within the street scene.
8. I acknowledge that planning permission has historically been granted for a
dwelling on the appeal site. I do not have copies of the previous permission
details for that dwelling before me, but I would assume that a dwelling in this
location would have been appropriately designed to continue the terraced row
within similar design features, roof structure, proportions and fenestration
which would allow the proposal to be viewed as an extension to the terrace
running along Berkley Street which would not result in visual contrast in the
middle of the row. Whilst a dwelling would, evidently, result in greater overall
scale and massing, I find that the proposal before me, as currently presented,
would result in too strong a contrast within the street scene and would present
as a prominent feature which would be uncharacteristic of the area. As a result
of this I find the proposal would have an unacceptable impact on the character
and appearance of the site and the surrounding area/street scene.
9. Overall, whilst I acknowledge the presence of the garage at no. 24, I find that
the overall street scene is characterised by modest terraced dwellings which
Appeal Decision APP/Y3425/D/23/3325678
3
share similar design features and fenestration. There are material differences
between the appeal proposal before me and no. 24. The proposal would be
contrary to The Plan for Stafford Borough 2014 Policy N1, which requires
designs to have regard to local context and preserve and enhance the
character of the area and Stone Neighbourhood Plan (2016 – 2031) Policy H2,
which requires high quality design.
Other Matters
10. Comments regarding the handling of the application, in terms of general lack of
communication, are noted but they are unfortunately outside the scope of this
appeal. A lack of objection from local residents, service providers or any
consultees is a neutral consideration.
11. I note that the appellant states that it is their view that the previous garage
was uncharacteristic of the area as a result of likely construction prior to
current planning policies. Any proposals to reconstruct the now dismantled,
original, garage would be subject to a consideration of that case on its own
merits at the point any planning application was made. It is not within the
scope of this appeal to comment on whether or not the previous garage was
uncharacteristic, as I can only consider the proposal before me, as submitted,
taking into account the appeal site as it stands at the point of my inspection
and writing of this decision letter.
12. I acknowledge comments in relation to control of rainwater and general
drainage and the potential benefits of such system to avoid risk of water
damage to house structures either side, however, the structural stability of the
appeal site and adjoining structures are not a material planning consideration
and are therefore outside the scope of this appeal.
Conclusion
13. For the reasons outlined above, and taking account all other matters raised, I
conclude that the appeal should be dismissed.
Eleni Randle
INSPECTOR
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