Demolition of conservatory, new side and rear extension, flat roof link changed to pitch roof, amended roof profile to form additional roof form with gables front and back and three dormers, bay window added to front north wing
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Green Belt Policy
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 April 2024
by Hannah Guest BSc (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 20th May 2024
Appeal Ref: APP/P1940/D/24/3337421
Willow Lodge, Red Lion Lane, Sarratt, Hertfordshire, WD3 6BN
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
• The appeal is made by Mr Mark Miller-Golding against the decision of Three Rivers
District Council.
• The application Ref is 23/1447/FUL.
• The development proposed is demolition of conservatory, new side and rear extension,
flat roof link changed to pitch roof, amended roof profile to form additional roof form
with gables front and back and three dormers, bay window added to front north wing.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this appeal are:
• whether the proposal would be inappropriate development in the Green Belt
having regard to any relevant development plan policies and the National
Planning Policy Framework (the Framework);
• the effect of the proposal on the openness of the Green Belt; and
• on the basis that the proposal would be inappropriate development, whether
the harm by reason of inappropriateness, and any other harm, would be
clearly outweighed by other considerations so as to amount to very special
circumstances required to justify the development.
Reasons
Inappropriate development
3. Policy CP11 of the Three Rivers District Council Local Development Framework
Core Strategy (2011) (Core Strategy) seeks to maintain the general extent of
the Metropolitan Green Belt in the District. It includes a general presumption
against inappropriate development that would not preserve the openness of the
Green Belt, or which would conflict with the purpose of including land within it.
This approach is broadly consistent with the Framework.
4. Policy DM2 of the Three Rivers District Council Local Plan Development
Management Policies Local Development Plan Document (2013) (Development
Management Local Plan) builds on this. It seeks to ensure that extensions to
buildings in the Green Belt are not disproportionate in size (individually or
cumulatively) to the original building, taking into account the building’s
Appeal Decision APP/P1940/D/24/3337421
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proximity and relationship to other buildings and whether it is already, or would
become, prominent in the setting and whether it preserves the openness of the
Green Belt.
5. The parties agree that the appeal proposal would result in a cumulative
increase in floorspace over 40% compared with the original dwelling, which the
Council’s Extensions to Dwellings in the Green Belt Supplementary Planning
Guidance (2003) (SPG) advises would normally be unacceptable. I recognise
that the SPG pre-dates the Framework and was superseded by the extant
development plan. Nevertheless, I agree with the Council that it provides useful
guidance on what may be considered disproportionate additions over and
above the size of the original building. I am also mindful that the supporting
text of Policy DM2 of the Development Management Local Plan signposts the
SPG as further guidance.
6. The appeal property is single storey with accommodation in the roof. Despite
having a reasonably large L-shaped footprint, its low eaves and overall profile
make it appear modest. The existing roof profile has a simple form and,
although it incorporates front and rear box dormers, their modest size, and
materials, which match the colour of the roof, mean they are neither bulky nor
prominent.
7. The appeal property is served by a substantial plot, most of which is located to
the front of the dwelling. The dwelling itself is positioned fairly close to other
houses on The Green and Red Lion Road, with a moderate sized rear garden.
Although it is set back from the highway, it is readily visible from its entrance
on Red Lion Road, the surrounding houses, and their gardens.
8. The proposed additions and alterations would cumulatively add significant bulk
to the existing roof profile. The front and rear gables would be substantial two
storey projections, which would fill air space above the host dwelling that is
currently open. The pitched roof of the proposed side extension, which would
sit just below the ridge if the main roof, and the introduction of a pitched roof
to the flat roof link would also have a similar effect. Given the proposed rear
extension would be taller than the northern wing of the house and visible
above its ridge, it would not constitute an infill extension. Overall, the proposal
would significantly increase the overall scale and massing of the appeal
property, eroding its modest appearance and making it appear more prominent
in its surroundings. Moreover, the choice of materials proposed, including white
render and red clay tiles, would likely exacerbate its prominence.
9. Given this, and the resulting cumulative increase to the floorspace of the
original dwelling of over 40%, the proposal would result in disproportionate
additions over and above the size of the original building.
10. For this reason, the proposal would conflict with Policy CP11 of the Core
Strategy and Policy DM2 of the Development Management Local Plan.
Accordingly, it would be an inappropriate form of development within the Green
Belt, which, by definition, is harmful to the Green Belt.
Openness
11. The proposed additions to the existing dwelling would be significant and would
unavoidably take up more space than the existing dwelling in its current form.
This would harm the spatial openness of the Green Belt.
Appeal Decision APP/P1940/D/24/3337421
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12. In terms of visual harm, views of the appeal property from public vantage
points are limited. However, the appeal property can be seen from its entrance
on Red Lion Road and, given many of the additions would extend to first floor
level, they would be visible from neighbouring properties and their gardens.
Given this, the proposal would result in harm to the visual openness of the
Green Belt, albeit this harm would be localised.
13. Accordingly, the proposal would result in spatial and visual harm to the
openness of the Green Belt. Thus, it would not preserve its openness contrary
to the fundamental aim of the Framework.
Other Considerations
14. In the event the appeal is dismissed, the appellant intends to construct
extensions to the appeal property that already benefit from planning
permission, and has submitted two applications to the Council, one for a
Certificate of Lawfulness1 and the other for Prior Approval2 (hereon referred to
as the proposals subject of the applications). I am satisfied that there is a
reasonable prospect of these developments being implemented in these
circumstances.
15. Both the appeal proposal and those proposals subject of the applications would
provide modest benefits associated with the construction of the extensions, the
improved living space within the dwelling. They would also allow for some
improvements to the energy efficiency of the appeal property.
16. The proposals subject to the applications comprise rear and side extensions,
which would result in greater increases in the footprint of the appeal property
than the proposal subject to this appeal. Nevertheless, even if the proposals
subject of the applications were to result in more harm to the spatial openness
of the Green Belt than the appeal proposal, they would also result in
significantly less harm to the visual openness of the Green Belt. This is because
they would only be to the side and the rear of the property and would be single
storey. Therefore, they would only likely be seen from the upper floors of the
nearest houses. As such, implementation of the proposal over the fallback
position has not been shown to have an effect that would be broadly the same
or better and therefore does not weigh in favour of granting permission.
17. The appellant needs to extend the appeal property due to the health conditions
of his children. From the evidence presented it is apparent that the children
have some additional needs, including the need for one of the children to be
home-schooled. I am therefore mindful of the requirement under the Public
Sector Equality Duty (PSED) to have regard to eliminate discrimination and
promote quality for those who have disabilities.
18. The proposed additions and alterations would increase the size of the first-floor
bedrooms and allow them to have access to ensuite bath/shower rooms. This
would provide the children with additional space within the home. However,
from the evidence before me, the proposals subject of the applications would
result in similar benefits by providing an additional ensuite bedroom on the
ground floor. This would allow the first-floor bedrooms and bathroom to be
reconfigured to a bedroom with an ensuite without the need for any roof
extension.
1 Application Reference: 23/2152/CLPD
2 Application Reference: 23/2154/PDE
Appeal Decision APP/P1940/D/24/3337421
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19. Notwithstanding this, the appeal proposal would also include a snug/den, which
is not included in the proposals subject of the applications. However, I also
note that it would reduce the size of the study, which does not appear to
support the need for home-schooling.
20. I appreciate that caring for children with disabilities can present considerable
and on-going daily challenges. In this case, the bests interests of the children
would be to stay in their current home and schooling environments, and for
these environments to be able to meet there needs as they grow. Nonetheless,
while this is a primary consideration that weighs in favour of the appeal, there
is no substantive evidence before me that the appeal proposal would be the
only means of meeting the needs of the children at the appeal property or that
it would be the minimum necessary to solely meet their needs. To the contrary,
the proposals subject of the applications demonstrate that there are other ways
of meeting the interests of the children, which would result in less harm to the
Green Belt. The best interests of the children are therefore not a compelling
point in this instance.
21. The appellant considers the proposal would vastly improve the appearance of
the existing dwelling. Nonetheless, while he may consider the layout of the
appeal property to be haphazard, from my observations on site, the current
form of the property is not obtrusive and the existing box dormers blend into
the existing roof profile. Thus, the aesthetical benefits would be limited.
Green Belt Balance
22. Paragraph 152 of the Framework indicates that inappropriate development is,
by definition, harmful to the Green Belt and should not be approved except in
very special circumstances. Paragraph 153 explains that very special
circumstances will not exist unless the harm to the Green Belt, and any other
harm, is clearly outweighed by other considerations.
23. The proposal would be an inappropriate form of development within the Green
Belt and would also result in harm to its openness. Paragraph 153 of the
Framework affords substantial weight to any harm to the Green Belt.
24. Accordingly, while the considerations that I have identified are of significant
weight in favour of the proposal, they would not clearly outweigh the harm I
have identified. Consequently, the very special circumstances necessary to
justify the proposal have not been demonstrated.
Conclusion
25. For the reasons above, the proposal would conflict with the development plan,
read as a whole. Having had regard to all relevant material considerations, it
has not been demonstrated that there are any of sufficient weight to indicate
that a decision should be taken otherwise than in accordance with it. The
appeal is therefore dismissed.
Hannah Guest
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