Householder application for new two storey side extension without complying with a condition attached to planning permission Ref 3198/23/HHO, dated 6 December 2023

Appeal Decision Site visit made on 19 November 2025 by K Reeves BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 02 January 2026 Appeal Ref: 6000464 13 The Fairway, Newton Ferrers, Devon PL8 1DW • The appeal is made under Section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under Section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr M Gingell against the decision of South Hams District Council. • The application Ref is 1129/25/VAR. • The application sought planning permission for householder application for new two storey side extension without complying with a condition attached to planning permission Ref 3198/23/HHO, dated 6 December 2023. • The condition in dispute is No 2 which states that: The development hereby approved shall in all respects accord strictly with drawing number(s) • OHH176/07 Site and Roof Plan as Proposed • OHH176/08 Ground Floor Plan as Proposed • OHH176/09 First Floor Plan as Proposed • OHH176/010 Elevations as Proposed • OHH176/011 Elevations as Proposed • OHH176/012 Surface water Drainage Plan as Proposed • OHH176/01 Location Plan As received by the Local Planning Authority on 05 October 2023. • The reason given for the condition is: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates. Decision 1. The appeal is allowed and planning permission is granted for householder application for new two storey side extension at 13 The Fairway, Newton Ferrers, Devon, PL8 1DW in accordance with the application 1129/25/VAR, without compliance with condition number 2 previously imposed on planning permission 3198/23/HHO, dated 6 December 2023, and subject to the conditions in the attached schedule. Preliminary Matter 2. The statutory duty relating to protected landscapes, under Section 85 of the Countryside and Rights of Way Act, as amended by the Levelling Up and Regeneration Act 2023, requires decision makers to seek to further the purpose of conserving and enhancing natural beauty. I have had full regard to this duty in reaching my decision. Appeal Decision 6000464 2 Main Issue 3. The main issue is the effect of the revised scheme on the character and appearance of the appeal building and the wider area. Reasons 4. The appeal site lies within Newton Ferrers on a late 20th-Century residential street characterised by a varied mix of housing types and sizes. It comprises a detached, single-storey dwelling set on the sloping side of the river valley. Owing to its elevated position, the site is visible from a significant distance across the valley from Noss Mayo, including from within the Noss Mayo Conservation Area (CA). 5. The proposal seeks a variation of the permission granted in December 2023 for a side extension, introducing a flat-roofed dormer on the rear roof slope. Although the dormer would be of appreciable size, it would remain visually contained within the roof envelope and would not disrupt the legibility of the original roof form. In the context of a dwelling of modest and unremarkable architectural character, the addition would not appear visually dominant or incongruous. 6. Paragraph 13.49 of the Plymouth and South West Devon Supplementary Planning Document (2020) (SPD) advises that dormers should sit comfortably within the roofscape, avoid dominating the host building and be proportionate in scale. From my inspection, the proposed dormer would achieve this. Its proportions, set-back position and flat-roofed form would integrate acceptably with the existing roof, and the resulting composition would not conflict with the design principles in the SPD. 7. Dormer windows of varying sizes and forms are a common feature of the surrounding street scene. The proposal would therefore not appear out of keeping with the established pattern of development. In long-range views from Noss Mayo, including those from within the CA, the dormer would read as a recessive element within the wider cluster of roof forms and would not present as an intrusive or visually harmful feature. In closer views from neighbouring gardens, the presence of other sizeable dormers nearby reinforces the conclusion that the proposal would not appear out of place. 8. Given these findings, I am satisfied that the proposal would preserve the character and appearance of the host building and would not cause material harm to the wider townscape or to the scenic qualities of the South Devon National Landscape. Whilst the dormer would not actively enhance the landscape, the limited and non-harmful nature of the change means the statutory duty is met. The proposal would also not adversely affect the setting of the CA. 9. For these reasons, the revised scheme would not materially harm the character and appearance of the appeal building or the wider area. Consequently, the proposal complies with Policy DEV20 of the Plymouth & South West Devon Joint Local Plan 2014 – 2034 and Policy N3P-4 of the Newton and Noss Neighbourhood Plan 2017 – 2034, which collectively require development to be well designed, to respect local character and materials and to safeguard neighbouring amenity. Together, they expect proposals to integrate sensitively with the settlement and landscape, minimise adverse impacts and maintain the quality of the built environment. Appeal Decision 6000464 3 Other Matter 10. The Parish Council’s concern regarding the absence of a Construction Management Plan is noted. However, this matter is capable of being addressed by condition and does not weigh against the acceptability of the scheme. Conditions 11. In light of my findings on the appeal, condition 2 shall be amended to reflect the updated suite of approved plans associated with the revised scheme. Furthermore, it is necessary to restate in full all conditions from the original planning permission that remain applicable, as the effect of allowing the appeal is to grant a new and separate planning permission. I shall proceed accordingly. Conclusion 12. For the reasons given above, the appeal should be allowed and the planning permission varied in the terms I have explained. K Reeves INSPECTOR Appeal Decision 6000464 4 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos OHH176/01, OHH176/07, OHH176/08, OHH176/09, OHH176/010, OHH176/011 and OHH176/012. 3) Prior to commencement of any part of the site, the Local Planning Authority shall have received and approved a Construction Management Plan, which meets the requirements of Policy N3P-4 of the Newton and Noss Neighbourhood Plan, to include: (a) the timetable of the works; (b) daily hours of construction; (c) any road closure; (d) confirmation that the public footpath adjacent to the site will not be blocked or restricted from use by the construction works (e) hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 08:00 and 18.00 Mondays to Fridays inc.; 09.00 to 13.00 Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays unless agreed by the Planning Authority in advance; (f) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits; (g) the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases; (h) areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority; (i) hours during which no construction traffic will be present at the site; (j) the means of enclosure of the site during construction works; (k) details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site obligations; (l) the proposed route of all construction traffic exceeding 7.5 tonnes; (m) details of the amount and location of construction worker parking; and (n) photographic evidence of the condition of adjacent public highway prior to commencement of any work, and any damage incurred to the highway as a result of construction vehicles to be made good within 3 months of completion of build. 4) The recommendations, mitigation and enhancement measures of the Ecological Report, by Green Lane Ecology (ref #09123/GLE) in August 2023, Appeal Decision 6000464 5 shall be fully implemented prior to the commencement of the use hereby approved and adhered to at all times. In the event that it is not possible to do so all work shall immediately cease and not recommence until such time as an alternative strategy has been agreed in writing with the Local Planning Authority. 5) The materials and finishes to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing building. 6) The drainage scheme shall be installed in strict accordance with the approved plans and maintained and retained in accordance with the agreed details for the life of the development. 7) The cladding hereby approved shall be natural timber and maintained as such. This cladding shall not be stained, colourwashed or otherwise treated in a manner which would obscure the natural finish. End of Schedule