Erection of a detached double garage
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Green Belt Policy
Policy Weight
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 December 2025
by N Bromley BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16 December 2026.
Appeal Ref: 6001151
Plot 2, Mayfield Farm, Bear Lane, Henley-in-Arden B95 5JJ
• 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 and Mrs Moss against the decision of Stratford-on-Avon District Council.
• The application Ref is 25/01637/FUL.
• The development proposed is erection of a detached double garage.
Decision
1. The appeal is allowed, and planning permission is granted for the erection of a
detached double garage at Plot 2, Mayfield Farm, Bear Lane, Henley-in-Arden,
B95 5JJ in accordance with the terms of the application, Ref 25/01637/FUL,
subject to the following 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 numbers: 3999-21; 3999-24 rev A; and 4165-23 rev A.
3) The external materials of the double garage hereby permitted shall match
those used in the existing dwelling.
Main Issue
2. Whether the proposal would be inappropriate development in the Green Belt
having regard to the National Planning Policy Framework (the Framework) and
any relevant development plan policies.
Reasons
3. The appeal site comprises a detached bungalow, set within a small housing
development currently under construction. The bungalow has a generous footprint
and a large roof space. An extensive parking area and hardstanding is located to
the side of the house. The site is located within the Green Belt, near to Henley-in-
Arden.
4. The Framework identifies that the fundamental aim of Green Belt policy is to
prevent urban sprawl by keeping land permanently open, with the essential
characteristics of the Green Belt being their openness and permanence. The
Framework goes on to state that inappropriate development is, by definition,
harmful to the Green Belt and should not be approved except in very special
circumstances.
Appeal Decision 6001151
2
5. Paragraph 154 of the Framework sets out that the construction of new buildings
should be regarded as inappropriate development in the Green Belt, other than in
a few exceptions including (c) the extension or alteration of a building provided it
does not result in disproportionate additions over and above the size of the original
building. Policy CS.10 of the Stratford-on-Avon Core Strategy 2011 to 2031 (the
CS) includes a similar exception and is therefore broadly consistent with the
Framework.
6. As an ancillary building with a domestic appearance, sited immediately next to the
side of the house, the proposed garage would have a clear functional relationship
with the host property. As a consequence, and with due regard to the two cited
judgments, Warwick1 and Sevenoaks2, it would be reasonable to treat the
proposed garage as a normal domestic adjunct to the appeal property, such that it
would amount to an extension to the dwelling.
7. The proposed garage would be a single storey building and the evidence suggests
that it would result in a 34% increase in floor area over and above the original
dwelling. It would have a lower ridge height than the bungalow and it would be
viewed as an ancillary domestic garage, which would sit comfortably alongside the
main dwelling. In addition, the proposal would be set back from the front elevation
of the main house and views of it from certain parts of the street would be limited.
As such, and within this context, the proposed development would not constitute a
disproportionate addition over and above the size of the original building.
8. Reference has been made to condition 12 of the original outline planning
permission3 for the housing development, which removed permitted development
rights (PD rights) for, amongst other things, outbuildings. The Council also refer to
a previous appeal decision4 which sought to vary condition 12 of that planning
permission.
9. I do not have the full details of the outline planning permission, or a copy of the
appeal decision. Nevertheless, even though PD rights have been removed there is
no substantive evidence before me that the building has been extended since the
original permission, and the removal of PD rights does not alter my findings.
Indeed, as I am required to do, I have determined the case before me on the site-
specific circumstances and on its own merits, concluding that the proposal would
not be a disproportionate addition. Other similar proposals along the road and
elsewhere would follow the same approach and I am not persuaded that the
proposal would set a harmful precedent locally.
10. For the above reasons, I conclude that the proposal would not be inappropriate
development in the Green Belt, as it satisfies paragraph 154 c) of the Framework.
It would also accord with Policy CS.10 of the CS. Given the proposed development
would not be inappropriate development there is no need for me to consider its
impact on openness.
Other Matters
11. Henley-in-Arden Parish Council object to the proposed development citing that it
would conflict with the Neighbourhood Development Plan. However, no specific
1 Warwick DC v SSLUHC, Mr J Storer & Mrs A Lowe [2022] EWHC 2145 (Admin)
2 Sevenoaks District Council v Secretary of State for the Environment and Dawe (1997)
3 Council Ref: 15/03517/OUT
4 Appeal Ref: APP/J3720/W/17/3167623
Appeal Decision 6001151
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policies or other reasons for the objection have been referenced, and given my
findings above, I have found no justification to dismiss the appeal.
Conditions
12. In addition to the standard time limit condition, I have also, in the interests of
certainty, attached a condition specifying the approved plans. A condition to
secure that the proposed external materials match those of the original house is
necessary in the interests of safeguarding the character and appearance of the
host property and surrounding area.
Conclusion
13. For the reasons given above the appeal should be allowed.
N Bromley
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