Proposed development is described on the application form as a “retrospective householder planning application for an extension to the existing detached garage
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 March 2026
by A Hartley, LLB (Hons), Solicitor, MBA
an Inspector appointed by the Secretary of State
Decision date:10 April 2026
Appeal Ref: 6003676
1 Larch Grove, Aston, Rotherham S26 2AR
• 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 Jaz Nirwan against the decision of Rotherham Metropolitan Borough
Council.
• The application Ref is RB2025/1196.
• The proposed development is described on the application form as a “retrospective householder
planning application for an extension to the existing detached garage.”
Decision
1. The appeal is dismissed.
Preliminary Matters
2. I observed on site that the appeal development has already been constructed.
3. There is a typing error in the Council’s Notice of Decision. Policy SP58 should read
SP55. Both main parties were aware of this when making their appeal submissions.
Main Issue
4. The main issue is the effect of the appeal development on the living conditions of
the occupiers of Quest, Aughton Lane, (Quest) with particular regard to outlook.
Reasons
5. The appeal property is a detached dwelling with a detached garage to the front and
side of the property. The appeal development extends the detached garage with a
single storey structure constructed of timber cladding and incorporating upcycled
UPVC windows and door. The structure wraps around the garage elevation facing
the rear garden of the appeal property and that along the shared boundary with the
neighbouring property at Quest. The structure is close to and projects above the
boundary fence shared with Quest.
6. On site, I observed the garage extension from the small rear garden at Quest.
Notwithstanding its modest scale, the appeal development by reason of its
proximity, height and use of stark timber materials gives rise to unacceptable
overbearing and visual effects that spoil the enjoyment of that outdoor amenity
space for the occupiers of Quest. I do not consider staining the timber a different
colour or weathering of the timber would overcome this harm.
Appeal Decision 6003676
2
7. I also looked through the rear elevation window from within the kitchen of Quest. I
noted that the outlook is already compromised to some extent by the single storey
outbuilding at 29 Stanley Grove close to the rear boundary. However, that
boundary is at a further distance from the rear elevation than the appeal
development. The outlook is also affected by the presence of the garage at the
appeal property. Even so, the extension to the garage has a more significant visual
effect than the garage itself as it is nearer to the boundary with Quest and so it is
more obvious.
8. Overall, I consider the appeal development to have an overbearing impact as its
proximity, materials and height create an undue sense of enclosure, further
diminishing the outlook from the rear garden and kitchen window to an
unacceptable level.
9. The appeal development therefore causes unacceptable harm to the living
conditions of the occupiers of Quest due to an overbearing effect. Consequently,
the appeal development conflicts with Policy CS28 of the Rotherham Local Plan
(Core Strategy) (2014) (CS) and Policy SP55 of the Rotherham Local Plan (Sites &
Policies) (2018) (LP). Amongst other things, these policies seek to ensure
development has regard to sensitive land uses and are designed to avoid adverse
effects on the amenity of any land use.
Other Matters
10. My attention was drawn to the fact that there was previously a timber structure
adjoining the garage. This structure is no longer there and so its visual effects and
impact on Quest attract very limited weight in my assessment.
11. The appellant cites other benefits associated with the appeal proposal including the
employment of contractors, added value to property, additional storage space
whilst retaining vehicle parking within the garage, environmentally friendly timber
materials and upcycled UPVC windows and door and other recycled materials.
These purported benefits collectively attract limited weight given the scale of the
development and they do not overcome the identified harm.
Conclusion
12. The development conflicts with the development plan when read as a whole.
Therefore, for the reasons given, I conclude that the appeal should be dismissed.
A Hartley
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.