Erection of single storey double garage/store
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Green Belt Policy
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Inspector’s Reasoning
Appeal Decision
Site visit made on 24 March 2026 by Elizabeth Davies BSc (Hons) MISEP, CEnv
Decision by A M Nilsson BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16 June 2026
Appeal Ref: 6005888
Blea Rigg, Little Lane, Loosley Row, Buckinghamshire HP27 0NX
• 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 Dr G Shaya against the decision of Buckinghamshire Council.
• The application Ref is PL/25/4778/FA.
• The development proposed is erection of single storey double garage/store.
Decision
1. The appeal is allowed and planning permission is granted for erection of single
storey double garage/store at Blea Rigg, Loosley Row, Buckinghamshire HP27
0NX in accordance with the terms of the application, Ref PL/25/4778/FA, 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 the
approved plans: Location & Block Plan No. B dated 22/07/2024 and Garage and
Home Office Rev. C dated 16/10/25.
3) The materials to be used in the construction of the external surfaces of the
development herby permitted shall match those used in the host dwelling.
4) The use of the building hereby permitted shall not be occupied at any time other
than for purposes incidental to the residential use of the dwelling known as Blea
Rigg.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matters
3. I have taken the description of development from the Council’s Decision Notice as
this is more concise.
4. Both parties refer to the recent erection of a close boarded fence and gate along
the front boundary of the appeal property. The Council state the fence was erected
without planning permission. I also note the Council’s comments that the materials
were not approved for the recently completed appeal dwelling. Whilst these points
have been noted, they are matters which fall outside of the appeal proposal.
Appeal Decision 6005888
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5. The Council have referred to the neighbouring property adjacent to the proposed
garage location as ‘Little Woodlands’ it appears from the plans and my site visit that
this property is called ‘Apple Trees’. I have therefore referred to it as Apples Trees
in this decision.
Main Issues
6. The main issues in the appeal are:
• Whether the proposal would be inappropriate development in the Green Belt
having regard to the Framework and any relevant development plan policies;
• The effect of the proposed development on the openness of the Green Belt;
• The effect of the proposed development on the character and appearance of
the host dwelling and the local area;
• The effect of the proposed development on the character and appearance of
the Chilterns National Landscape (National Landscape); and
• The effect of the proposed development on the living conditions of the
occupiers of ‘Apple Trees’ with regard to outlook.
Reasons for the Recommendation
Whether it would be inappropriate development
7. The essential characteristics of Green Belts are their openness and their
permanence, and the fundamental aim of Green Belt policy is to prevent urban
sprawl by keeping land permanently open. The construction of new buildings in the
Green Belt is inappropriate development, other than for the specific exceptions set
out in paragraph 154 of the Framework.
8. Paragraph 154 c) of the Framework allows for 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. Policies CP8 and DM42 of the Wycombe
District Local Plan (August 2019) (the Local Plan) conform to the general thrust of
national Green Belt policy, seeking to protect the Green Belt from inappropriate
development.
9. The courts have held that some outbuildings may be considered as extensions on
the basis that they are ‘normal domestic adjuncts’, for example, the construction of
a garage in close proximity to a dwelling. Given its proximity to the dwelling and
that it would provide accommodation that would normally be found within the
dwelling itself, I consider this to be the case with the proposed development.
10. Part 2 of Policy DM43 of the Local Plan provides additional rules regarding
residential outbuildings in the Green Belt. It states that outside identified built up
villages, any increase in the volume of residential outbuildings will only be
considered appropriate when they meet all of the conditions provided. The appeal
proposal would meet the height criteria set out in d) and e) of the policy and less
than 50% of the curtilage outside of the dwelling would be occupied by outbuildings
as set out in c). The appellant has indicated that the volume of the outbuilding
would be circa 96 m3 which is below the threshold of 140m3 set out under condition
b).
Appeal Decision 6005888
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11. The appeal property was recently constructed and replaced a chalet bungalow on
the site. The criteria in part 2 a) of policy DM43 requires that outbuildings do not
exceed 25% of the volume of the original dwelling. The definition of original building
in the Local Plan is the building as it existed on 1 July 1948 or, if the first building
was constructed later than this, the first building constructed. The Framework
states that the original building is as it existed on 1 July 1948 or, if constructed after
1 July 1948, as it was built originally. The Framework does not expressly deal with
replacement buildings. However, for the purposes of the Framework it would be
reasonable to conclude that the ‘original building’ would be the replacement
dwelling itself, as originally built. This differs from the Local Plan definition.
12. I do not have details before me of the dwelling that the appeal dwelling replaced.
However, the appellant has provided the volume calculations for the replacement
dwelling and the proposal would not exceed 25% of the volume of the current
dwelling. The Council do not dispute this.
13. There is no definition of what disproportionate is within the Framework. However,
whilst a fairly sizeable garage/store is proposed, the dimensions and volume of the
outbuilding would not be out of keeping with the scale of the dwelling and plot size.
Whilst set on higher ground than the dwelling, which I acknowledge is not a typical
arrangement, the ridge height of the proposed garage would be below the dwelling
ensuring a subordinate relationship in the context of this appeal site.
14. The proposal is in proportion to the dwelling that currently occupies the appeal site.
I therefore do not consider that the proposed garage/store would represent a
disproportionate addition. Based on the evidence before me, the proposal is within
the requirements set by Local Plan Policy DM43.
15. For these reasons, I find that the proposal would not comprise inappropriate
development within the Green Belt as defined by the Framework and Policy CP8,
Policy DM42 and Policy DM43 of the Local Plan. Given this finding, I do not need to
consider openness any further.
Character and Appearance
16. The Chilterns Buildings Design Guide (2010) (Design Guide) outlines that garages
to the front of houses should be avoided. The Householder Planning and Design
Guidance Supplementary Planning Document (January 2020) (SPD) also outlines
that garages should be set behind the front built line of the dwelling they serve to
prevent them obscuring the main dwelling and not be obtrusive into the wider street
scene. The SPD also states outbuildings should not dominate or detract from the
main building, and that it should be subservient to the main building in scale, mass,
and bulk.
17. The appeal property is a detached dwelling. The majority of the properties along
Little Lane are set back on lower ground in relation to the road, with sloping or
tiered front gardens and driveways. Many of the properties along Little Lane and
Lower Road have garages or outbuildings to the front of the dwellings. Whilst the
Council state the other garages in the locality are smaller in scale than the
proposal, I saw on my site visit some examples of garages of a broadly comparable
size. Not all the garages present add positively to the appearance of the area,
some of the more harmful examples are those built at the same level as Little Lane
/ Lower Road with no separation distance from the road.
Appeal Decision 6005888
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18. The proposal would be subservient in scale compared to the appeal dwelling. It
would be sited in the corner of the driveway, and space would be left open at the
front of the property. The garage would be sited on ground below the road level and
separated from the road by a small retaining wall which would reduce its
prominence in the street scene. Even if the boundary fence were to be removed,
planting is in place that would mature and largely obscure the proposed garage
from public views. The proposal would therefore not significantly alter the
appearance at the front of the dwelling or the general character and appearance of
the area where garages in front of dwellings are commonplace.
19. In terms of the materials, the proposed matching materials would help provide a
clear visual link between the proposed garage and the appeal dwelling. Whilst the
Council consider the proposed materials would fail to respect the established
vernacular of the locality, I saw a lot of variation in materials and design of buildings
including more contemporary styles in the area. On this basis, I do not consider the
proposed materials would be harmful.
20. The proposal would generally accord with the advice provided in the SPD, and
whilst the location in front of the dwelling would not be supported by the SPD or the
Design Guide, I have found no harm to character and appearance would occur. It
would therefore accord with Policies CP9, DM35 and DM36 of the Local Plan and
the Framework which together seek to ensure development achieves a high quality
of design, respects character and appearance and create positive and attractive
buildings and spaces. In addition, it would accord with the part of Local Plan Policy
DM36 which seeks to ensure that householder development is ancillary in function
to the main dwelling.
National Landscape
21. The statutory purpose of National Landscapes is to conserve and enhance the
natural beauty of the area. Section 245 of the Levelling-up and Regeneration Act
2023 requires relevant authorities ‘seek to further’ the statutory purposes of
Protected Landscapes, including National Landscapes. Similarly, paragraph 189 of
the Framework requires great weight be given to conserving and enhancing the
landscape and scenic beauty in National Landscapes, which have the highest
status of protection in relation to these issues. Local Plan Policy DM30, has the
same aim and seeks to ensure that development within the National Landscape
(formerly known as Area of Outstanding Natural Beauty) conserves or where
possible enhances the natural beauty.
22. The special qualities of the National Landscape include the steep chalk escarpment
with areas of flower-rich downland, broadleaved woodlands (especially beech),
commons, tranquil valleys, the network of ancient routes, villages with their brick
and flint houses, globally rare chalk streams and a rich historic environment of
hillforts and chalk figures.
23. I have found that the size, positioning and materials proposed for the garage would
assimilate well with the appeal dwelling and would be in keeping with the context
and character of the area.
24. There are glimpsed views from Little Lane either side of the appeal dwelling of the
valley landscape beyond. However, these views should remain largely unaffected
by the proposal given its position in front of the dwelling with a gap maintained
between the rear of the proposed building and the property boundary.
Appeal Decision 6005888
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25. Consequently, the proposed development would preserve the landscape and
scenic beauty of the National Landscape and accords with Local Plan Policy DM30
and the Framework.
Living Conditions
26. The proposed garage would be located adjacent to an area used for parking and
part of the front garden of the neighbouring property ‘Apple Trees’. Whilst the
proposed garage would be set on higher ground compared to the dwelling at Apple
Trees there is sufficient separation distance that it would not feel overbearing. The
proposed height of the garage is fairly modest and the existing planting along the
shared boundary would largely shield it from view, despite some small gaps in the
greenery.
27. For these reasons, the proposal would not cause material harm to the living
conditions of the occupiers of Apple Trees, having regard to outlook, and would
accord with Local Plan Policy CP9, DM35 and DM36, the Framework and the SPD
which seek, amongst other things, to ensure high quality design and avoid harm to
neighbouring amenity.
Other Matters
28. The Council have raised concerns that the design and scale of the garage could
mean it could be used as living accommodation and be easily adapted to appear as
a small dwelling with parking. The test provided in the SPD for whether outbuildings
are ancillary in function or tantamount to a new dwelling is whether there is a level
of facilities within that allow for the outbuilding to be self-sufficient, and whether
there is a clear link to the main dwelling.
29. In this case, the appellant has applied for a garage/store building. The evidence
shows that the appeal site comprises the whole of Blea Rigg and no new or
independent access is proposed. Whilst there would be separation between the
proposed garage and the front of the dwelling, the appellant has explained that
given the steep topography of the appeal site, locating the proposed garage near
the road would aid safe access in bad weather.
30. The proposed building would not contain any facilities such as a kitchen or
bathroom and the design features no windows. The appellant does not claim to be
seeking permission for an independent dwelling and furthermore the Council
validated the application on this basis, including as a householder planning
application. If the building is not used as a garage/store as is proposed, or if there
is a material change of use in the future to create a separate dwelling, then a
separate grant of planning permission would be required, and the building would be
at risk of enforcement action if such permission is not granted.
31. It is noted that the proposed internal garage measurements fall just short of the
Buckinghamshire Countywide Parking Guidelines. However, the shortfall is minimal
and is unlikely to result in any material harm. Driveway parking would still be
available at the appeal site.
Conditions
32. I have considered the conditions suggested by the Council. Where necessary, and
in the interests of clarity and precision, I have slightly altered the conditions to
better reflect the advice in the Framework and the Planning Practice Guidance.
Appeal Decision 6005888
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33. I have imposed the standard conditions relating to the commencement of
development and specifying the relevant plans in order to provide certainty. I have
included a condition requiring the external materials to match the existing dwelling
to protect the character and appearance of the appeal property.
34. In the interests of the character of the area, to avoid the building forming an
independent dwelling, it is also necessary to impose a planning condition requiring
that the development is incidental to the main dwelling. I have not included a
condition specifying that no windows, doors or openings are provided in the
proposed garage as this is not necessary as the plans only show garage doors and
no additional doors/windows. The condition requiring the outbuilding to remain
incidental to the main dwelling will ensure it is not used as an independent dwelling.
35. The appeal site is well landscaped, with recent planting on the front boundary and
in this case, a condition requiring a scheme of landscaping to be submitted as
suggested by the Council is not necessary to make the development acceptable in
planning terms.
Conclusion and Recommendation
36. For the reasons given above, the proposal would comply with the development plan
when taken as a whole and there are no material considerations, including the
Framework, that would outweigh this finding. Consequently, I recommend that the
appeal should be allowed.
Elizabeth Davies
APPEAL PLANNING OFFICER
Inspector’s Decision
37. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is allowed.
A M Nilsson
INSPECTOR
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