Double storey side and rear extension to provide extended and additional habitable spaces. Construction of new detached oak framed car port. New non-porous driveway finish
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Character & Appearance
Extensions
Rural Impact
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 January 2024 by N Manley BA (Hons)
Decision by S Edwards BA MA MATCP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25 April 2024
Appeal Ref: APP/B3438/D/23/3329982
The Cottage, Marten Hill, Staffordshire, Swinscoe DE6 2BW
• 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 M Zambrano against the decision of Staffordshire
Moorlands District Council.
• The application Ref SMD/2023/0195, dated 21 April 2023, was refused by notice dated
18 August 2023.
• The development proposed is described as “Double storey side and rear extension to
provide extended and additional habitable spaces. Construction of new detached oak
framed car port. New non-porous driveway finish.”
Decision
1. The appeal is dismissed insofar as it relates to the double storey side and rear
extension to provide extended and additional habitable spaces.
2. The appeal is allowed insofar as it relates to the car port and non-porous
driveway finish, and planning permission is granted for construction of a new
detached oak framed car port and new non-porous driveway finish at The
Cottage, Marten Hill, Staffordshire, Swinscoe DE6 2BW, in accordance with the
terms of the application, Ref SMD/2023/0195, dated 21 April 2023, and subject
to the following conditions:
1) The development hereby permitted shall begin not later than three years
form the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans insofar as they relate to the new car port: 003
2023 004 Rev B, 003 2023 005 Rev B, 003 2023 006 Rev B, 007 2023 006
Rev A.
Appeal Procedure
3. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Preliminary Matters
4. The Government published a revision of the National Planning Policy
Framework (the Framework) in December 2023. Whilst I have had regard to
the revised national policy as a material consideration, planning decisions must
still be made in accordance with the development plan unless material
considerations indicate otherwise. In this instance, the issues most relevant to
the appeal remain unaffected by the revisions to the Framework. I am
Appeal Decision APP/B3438/D/23/3329982
2
therefore satisfied that there is no requirement to seek further submissions on
the revised Framework, and that no party would be disadvantaged by such a
course of action.
Main Issue
5. The main issue is the effect of the proposal on the character and appearance of
the host property and the surrounding area.
Reasons for the Recommendation
6. The appeal site lies near the hamlet of Swinscoe and alongside Marten Hill,
which is the main road between Ashbourne and Leek. Situated within open
countryside, there are no dwellings immediately nearby, with the landscape
being predominantly characterised by farmsteads, small groups of dwellings
and open farmland. The property is positioned parallel to the highway with the
side gable facing the roadside. Otherwise, the plot is enclosed by fencing and
hedging, offering unobstructed views to the south across the gently undulating
landscape.
7. The existing dwelling is a nineteenth century double fronted cottage. The
frontage and side elevation are constructed with red brick and the remaining
elevations are finished in white render. The cottage has undergone significant
extensions in the past, including a two-storey extension which extended the
rear gable projection to the north-west and altering the south-west field-facing
elevation to feature two gables. The existing windows are characterised by
their traditional appearance, and are accompanied by French doors and two
enlarged windows on the south-west, field facing elevation.
8. The proposal would involve the construction of a two-storey extension at the
side and rear of the property. It would extend along the side facing the field,
with additional gables, creating a four gabled elevation. On the two new gables,
large windows would occupy the first storey, reaching from the floor to the
ridge of the gable. Additionally, the extension would elongate the north-west
facing gable end, with its proposed ridge height lower than that of the existing
dwelling. All elevations would be finished using materials that match the
existing ones. Lastly, there is a proposal for a detached car port on the site,
featuring a timber-framed, gabled roof and partially open structure.
9. In respect of the north-east facing elevation, the proposed depth and width
would result in a significant lengthening of the current building. When observed
from the highway, the resulting built form would be excessive in terms of scale
and mass, and lack subservience in relation to the host property. Whilst I
acknowledge the proposed ridge of this extension would be lower than the
original, it does not undo the harmful effect the proposal would have on the
character and appearance of the appeal property.
10. The proposed changes for the field facing south-west elevation would also
create a substantial addition in both depth and height. The combined
appearance of these elements would result in a built form which would be
excessive in terms of scale and massing. This, together with further gables to
this elevation, would appear as an unduly dominant and disproportionate
addition when viewed in relation to the existing size and form of the host
dwelling, and cause harm to the character and appearance of the surrounding
area.
Appeal Decision APP/B3438/D/23/3329982
3
11. The proposed large windows would introduce a contemporary feature into an
otherwise traditional built form. When compared against the existing smaller
and traditional windows, these would relate poorly, appearing as the dominant
feature with the original form no longer being evident. Whilst similar windows
may be added using permitted development rights, this does not outweigh the
cumulative harm which the proposed extension, including the new gables and
contemporary windows, would cause to the character and appearance of the
appeal property and surrounding area.
12. The appellants have suggested the appeal property is not visible from public
vantage points and therefore would have no impact upon public perception of
the character of the dwelling or its surroundings. However, several Public
Rights of Way extend to the south around the property, offering clear visibility
of it, especially the field facing elevation. From these vantage points, the
historic appearance, scale and character of the property would no longer be
discernible with the proposed additions not appearing subservient to the host
dwelling. The overall cumulative impact of the proposed development would
result in a dwelling which would look incongruous on the landscape.
13. The appellants have also drawn my attention to several large, linear buildings
in the area which they suggest provide a context for the proposed extension.
However, I do not know the circumstances of those cases, or the policies and
guidance that applied at the time of their consideration and cannot therefore be
certain that they represent a direct parallel to the proposal before me.
14. No objections were raised by the Council in respect of the impact of the
proposed car port and non-porous driveway on the character and appearance
of the host property and the surrounding area. Based on my observations on
site, and having regard to all available evidence, I have no reason to disagree
with the Council’s findings on this issue in relation to this part of the proposal.
15. For the above reasons, I therefore conclude that whilst the car port and non-
porous driveway would be acceptable, the proposed double storey side and
rear extension would harm the character and appearance of the existing
property and the local area. It would consequently conflict with
Policies DC1 and SS10 of the Staffordshire Moorlands Local Plan (adopted
September 2020) which notably require new development to be designed to
respect the site and its surroundings in terms of character and appearance, be
appropriate in terms of scale and design and not have a detrimental impact on
the existing dwelling and character of the rural area.
16. It would also fail to accord with paragraph 135 of the Framework which seeks
to emphasise the importance of developments being visually attractive and
sympathetic to local character and history, including the surrounding built
environment and landscape setting. Furthermore, the proposal would conflict
with the Adopted Design Guide (2018) which requires extensions to harmonise
with the parent building, respect the dominance of the original building and be
subordinate to it in terms of size and massing.
Other Matters
17. I understand the wishes of the appellant to provide additional residential
accommodation for their family. However, in view of the harm I have identified,
this consideration does not persuade me to reach a different conclusion.
Appeal Decision APP/B3438/D/23/3329982
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Conditions
18. In addition to the standard time limit, I have recommended a condition
specifying the relevant drawings, as this provides certainty. The Council have
suggested a condition that any development includes materials to match the
existing dwelling. However, with regards to the car port, the proposed
materials reflect the rural character of the locality and are suitable. Therefore,
the condition suggested by the Council is not considered necessary to make the
development acceptable.
Conclusion and Recommendation
19. For the reasons given above and having had regard to all other matters raised,
I recommend that the appeal should be dismissed insofar as it relates to the
two-storey side and rear extension. I recommend that the appeal is allowed
insofar as it relates to the car port and driveway.
N Manley
APPEAL PLANNING OFFICER
Inspector’s Decision
20. I have considered all the submitted evidence and my representative’s
recommendation and on that basis the appeal is dismissed insofar as it relates
to the two-storey side and rear extension. The appeal is allowed insofar as it
relates to the car port and driveway.
S Edwards
INSPECTOR
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