Regularisation of two storey rear extension for additional living accommodation completed to the rear of the property and regularisation of new access created to Church Road from Cowhill Cottage, Cowhill, Oldbury on Severn BS35 1QH
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Green Belt Policy
Flood Risk
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 13 April 2026
by N Robinson BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 08 May 2026
Appeal Ref: 6005355
Cowhill Cottage, Cowhill, Oldbury on Severn BS35 1QH
• 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 Miss Katherine Warrender against the decision of South Gloucestershire
Council.
• The application Ref is P25/01703/HH.
• The development proposed is regularisation of two storey rear extension for additional living
accommodation completed to the rear of the property and regularisation of new access created to
Church Road from Cowhill Cottage, Cowhill, Oldbury on Severn BS35 1QH.
Decision
1. The appeal is allowed and planning permission is granted for regularisation of two
storey rear extension for additional living accommodation completed to the rear of
the property and regularisation of new access created to Church Road from Cowhill
Cottage, Cowhill, Oldbury on Severn, BS35 1QH in accordance with the terms of
the application, Ref P25/01703/HH, subject to the following condition:
1.) The development hereby approved shall be carried out in accordance with the
following approved plans: 477–101, 477–102A, 477–011, 477-012, 477-111.
Preliminary Matters
2. The application is retrospective in nature, and my observations during the site visit
confirmed this to be the case. For the avoidance of doubt, I have determined the
appeal on the basis of the submitted plans.
Main Issues
3. The main issues are:
- whether the development is inappropriate development in the Green Belt having
regard to the National Planning Policy Framework (the Framework) and any
relevant development plan policies;
– the effect on the character and appearance of the site and the surrounding area;
- whether the development includes adequate arrangements for the operation and
maintenance of the culvert; and
- the effect of the development on highway safety.
Appeal Decision 6005355
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Reasons
Whether inappropriate development
4. The site comprises a dwelling situated in the Green Belt. The Framework identifies
that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping
land permanently open. The essential characteristics of Green Belts are openness
and permanence. It 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.
5. The appeal development includes the extension of a dwelling. The Framework
advises that the construction of new buildings should be regarded as inappropriate
in the Green Belt subject to exceptions, one of which is the extension or alteration
of a building provided that it does not result in disproportionate additions over and
above the size of the original building. Policy PSP7 of the South Gloucestershire
Local Plan: Policies, Sites and Places Plan (2017) (LP) states that additions and
alterations to buildings in the Green Belt will be acceptable provided they do not
result in disproportionate additions over and above the size of the original building.
The policy states that, as a general guide, an addition resulting in a volume
increase up to 30% of the original building would be likely to be proportionate and
additions that exceed 30% volume increase will be carefully assessed.
6. The property comprises a 2-storey dwelling which originated from the conversion of
a double garage1. The proposal involves a 2-storey rear extension spanning the
entire width of the dwelling which has a depth of 3.65m. The main parties disagree
on the volume increase created by the proposal when combined with an increase in
volume resulting from a Section 73 application2 which included alterations to the
roof pitch (the Section 73 application). The Council calculate that the appeal
development results in a volume increase of 69.87% which includes a volume
increase of 18.19% resulting from the Section 73 application. The appellant states
that the Section 73 application resulted in a 5% increase in volume and that
factoring in the removal of 23m3 of outbuildings from the original curtilage, the
development results in a 49.1m3 volume uplift and a 40% volume increase.
7. I have been provided with a copy of the supporting statement for the Section 73
application, in which the amendment is described as resulting in a volume
approximately no greater than 5%. There is no compelling evidence before me that
the Section 73 application resulted in the 18.19% volume increase referenced by
the Council. Considering the volume of the appeal development and the Section 73
application in combination with the reduction in built form arising from the removal
of outbuildings, the evidence indicates that the development results in an
approximate 40% increase in the volume compared to the original building.
8. LP policy PSP7 states that additions that exceed 30% volume increase will be
carefully assessed, with particular regard to whether it would appear out of scale
and proportion to the existing building. The policy goes on to state that the larger a
building becomes in excess of 30% over and above its original size, the less likely it
is that the new extension(s) will be considered proportionate. The 3.65m rear
projection represents a modest increase in built form which does not dominate the
1 Application reference P22/04022/F
2 Application reference P24/00339/RVC
Appeal Decision 6005355
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host dwelling or appear out of scale with it, representing a proportionate addition to
the host dwelling which accords with those aims of LP policy PSP7.
9. In light of the above I find that the development does not result in disproportionate
additions over and above the size of the original building and thus falls within one of
the exceptions set out in Paragraph 154 of the Framework and is not inappropriate
development in the Green Belt. It would not be contrary to the Framework in this
regard and would not conflict with LP policy PSP7 and Core Strategy (2013) (CS)
policy CS5.
10. A finding of the acceptability of the proposal on the openness of the Green Belt
and the purposes of including land within it is implicit in a finding of it not being
inappropriate development. I am not therefore required to consider this matter
further. Additionally, as I do not find that the development is inappropriate, there is
no requirement to question whether very special circumstances are generated in
this instance.
Character and appearance
11. The host dwelling is a modest pitched roof building finished in render and
stonework which has the appearance of a traditional rural cottage. It is set back
from the road within a spacious plot bordered by mature landscaping. Dwellings in
the area are varied in form and are predominantly sited within spacious, maturely
landscaped plots, giving the area a verdant, rural character to which the appeal site
makes a positive contribution.
12. The extension is finished with white render and mirrors the form and appearance of
the host dwelling forming a double pitched valley roof . The extension is
subservient in scale to the host dwelling and does not dominate it. The materials
and finishes are sympathetic to the host dwelling and properties in the area. Given
the dwelling’s recessed position within its plot, the siting of the extension to the rear
and the presence of mature vegetation to the site boundaries, the extension results
in minimal visual impact from the public realm.
13. The development does not result in harm to the character and appearance of the
site or the surrounding area and thus accords with LP policies PSP1 and PSP38
and CS policy CS1 which seek to ensure that development is of a high-quality
design which makes a positive contribution to the distinctiveness of the area.
Operation and maintenance of the culvert
14. To the front of the site is a rhyne, a watercourse which is managed and maintained
by the Lower Severn Internal Drainage Board (LSIDB). The development includes
the creation of a vehicular access onto Church Road, replacing a pedestrian
access. To facilitate the creation of the access, the watercourse is culverted to the
site frontage. The LSIDB granted Land Drainage Consent (LDC) for the installation
of the culvert and confirm that these works have been completed in accordance
with the LDC. The evidence before me indicates that the culvert has been designed
to the LSIDB’s satisfaction and that the existing management and maintenance
arrangements for the watercourse will remain.
15. The site is located in Flood Zone 3. The Flood Risk Assessment (FRA) states that
the access does not increase surface water flooding to the property or other
neighbouring properties and that the access gradient implemented through works
Appeal Decision 6005355
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permeates water through gravel surfacing within the curtilage and into an existing
soakaway system, avoiding ponding on the highway.
16. I am satisfied that the submission includes sufficient information regarding
arrangements for the ownership, operation and maintenance of the culvert, that
runoff is satisfactorily managed and that the development does not increase the
risk of flooding elsewhere. I therefore find no conflict with LP policy PSP20 which
requires that development ensure that surface water drainage proposals are
designed to not increase off-site flood risk and are evidenced with appropriate
arrangements for future ownership, operation and maintenance of surface water
drainage features.
17. I also find no conflict with the Framework which provides guidance on planning and
flood risk.
Highway safety
18. The development includes the creation of a vehicular access onto Church Road, a
grass verge-lined rural road. At my mid-morning site visit I observed that Church
Road was lightly trafficked. The access is sited on a bend in the road, and I
observed that visibility was good in both directions from the site access. Whilst this
is a snapshot in time, there is nothing in the evidence before me to indicate that my
observations are atypical of the area.
19. The submission includes detailed drawings of the crossover extending over the
culverted watercourse. This comprises concrete and permeable paving setts
bounded by dropped kerbs to the surface transitions. The crossover is set back
from the adopted highway on private land, which the submission sets out is
maintained and managed by the appellant. It is also stated that the grass verge
which is crossed by the access has been confirmed as being in private ownership.
20. I am satisfied that the submission is supported by adequate information regarding
the access and its connection to Church Road and that the access is appropriate
and safe, satisfactorily managed and maintained. I therefore find no conflict with CS
policy CS8 and LP policies PSP11 and PSP16 which require that appropriate, safe,
accessible, convenient, and attractive access is provided and that car parking is
provided in accordance with specified parking standards.
21. I also find no conflict with the Framework which seeks to ensure that development
creates places that are safe, secure and attractive.
Conditions
22. Given the retrospective nature of the application, it is not necessary to impose the
standard time limit condition. I have imposed a condition that requires the
development to be carried out in accordance with the approved plans for certainty.
Conclusion
23. For the above reasons, I conclude that the appeal should be allowed.
N Robinson
INSPECTOR
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