Demolition of existing garage and outbuildings, proposed side extension, new first floor over and single storey rear extension. Internal and external alterations
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Green Belt Policy
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 June 2026 by L Clark MSc MRTPI
Decision by John Morrison BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3rd July 2026
Appeal Ref: 6009301
1 Gypsy Lane, Great Amwell, Hertfordshire SG12 9RL
• 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 Paul Stuart against the decision of East Hertfordshire District Council.
• The application Ref is 3/25/1892/HH.
• The development proposed is described as demolition of existing garage and outbuildings, proposed
side extension, new first floor over and single storey rear extension. Internal and external alterations.
Decision
1. The appeal is dismissed.
Appeal Procedure and Preliminary Matter
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 scheme. The description for which set out above is taken from
the application form. This differs from the decision notice which includes more
detail about the external alterations. My use of the original has not changed
anything fundamental nor prejudiced the ability of any party to make their case.
Main Issues
3. The main issues are a) whether the proposal would be inappropriate development in
the Green Belt; its effect on b) the openness of the Green Belt; and c) the character
and appearance of the area; and d) if the scheme would be inappropriate
development, whether any harm by reason of inappropriateness, and any other
harm, would be clearly outweighed by other considerations, so as to amount to the
very special circumstances required to justify the proposal .
Reasons for the Recommendation
Inappropriate Development
4. Policy GBR1 of the East Herts District Plan 2018 (LP) defers to the National
Planning Policy Framework (the Framework) for development in the Green Belt. The
fundamental aim thereof is to prevent urban sprawl by keeping land permanently
open. Development in the Green Belt is inappropriate unless an exception applies.
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.
The Framework does not define disproportionate which is a matter of judgement
based on the evidence.
Appeal Decision 6009301
https://www.gov.uk/planning -inspectorate 2
5. The appeal property is a 1.5 storey vacant and extended dwelling in a large plot.
The Council states that the footprint of the proposal would be 137.2% larger than
the original dwelling, its total floorspace would be 178.3% more and there would be
an increase of 250% in volume. These figures indicate a substantial increase in
size. The appellant has not provided any calculations. The enlargement of a building
can be more than a product of its area, internal floor space or volume. However,
even looking at the appeal scheme in the physical sense, it would be undeniably
large with a sprawling rear extension that would almost double the building’s original
depth, with additional bulk added to the first floor.
6. The proposals would therefore represent disproportionate additions over and above
the size of the original building such that they would be inappropriate development
in the Green Belt. This would conflict with the Framework’s position on extensions in
the Green Belt and be harmful by definition thereto. It would also therefore conflict
with Policy GBR1 of the LP.
Openness
7. One of the essential characteristics of the Green Belt is its openness which, it has
been established, can have a visual and spatial aspect. The latter can be taken to
mean the absence of built form. The proposal would be mainly screened from wider
views by mature landscaping and would not extend outside of the existing site and
therefore the effect on the visual aspect would be limited. Nevertheless, the works
would take up substantial space and would have an increased bulk in places where
there was previously no development. It would therefore, unavoidably, reduce the
spatial aspect of the Green Belt’s openness. This would be in further conflict with
the position of Policy GBR1 of the LP and the aims of the Framework in keeping
land in the Green Belt permanently open.
Character and Appearance
8. The appeal property is a detached dwelling set within a particularly large plot with a
garden to the rear and side. It is set back from Gypsy Lane, and the site is mainly
bordered by mature trees and fencing. There are therefore only glimpses of the
property from around the site. There are a broad mix of housing types along Gypsy
Lane, but they are generally of a large size and set back from the roadside.
9. The proposal would substantially increase the size of the dwelling by adding
additional floorspace at first floor level and extensions to the side and rear. The
appearance of the dwelling would be altered entirely and exude a deliberately more
contemporary feel including tall glazing on a gable frontage and composite board
cladding. That being said, there is no strict uniformity between the dwellings on
Gypsy Lane, and the dwelling would still benefit from a large garden with ample
space surrounding. The property would still be set back from the roadside and
would not extend any further forwards than the existing arrangement.
10. The alterations would undoubtedly make the dwelling much larger, but they would
comfortably assimilate into the surrounding area which is characterised by large
dwellings of differing designs within good sized plots. Policy HOU11 states that
extensions should generally appear as subservient. I agree that the proposed
alterations would not be subservient but, in this instance, for the reasons set out
above, they would be appropriate to the character of the area and setting of the
existing dwelling and would therefore meet the aims of this policy in the round.
Appeal Decision 6009301
https://www.gov.uk/planning -inspectorate 3
11. The proposal would therefore not cause harm to the character and appearance of
the area and would comply with Policies DES4, HOU11 and VILL2 of the LP which
are concerned with respecting character amongst other things.
Other Considerations
12. The cited Lee Valley case was concerned with an agricultural building and therefore
fell within a different exception set out in the Framework where disproportionality
was not a deciding factor. What might be disproportionate is a matter of judgement
based on the evidence.
13. Some of the permitted development fallback that has been advanced would need to
be subject to prior approval, for which I cannot pre -empt the outcome. I can
therefore only afford the suggested fallback position limited weight. The appeal
process cannot be used to evolve a scheme and therefore any suggestions of
amendments should be submitted to the Council and form a fresh proposal.
14. As the appeal property is vacant, there may be some benefits to development for
future occupants and for its visual appearance and I afford this moderate weight.
However, I remain to be convinced that the appeal scheme would be the only way
of making the property habitable and secure and I have not objected to the design
of the scheme. There may be some benefits in terms of energy efficiency but
similarly it is unlikely the proposal would be the only way of achieving such.
15. There could be economic benefits whilst construction is taking place, but these
would be for a short period and therefore worthy of limited weight. The living
conditions of the occupiers of the closest neighbouring properties is not a
contentious matter in the appeal and any lack of harm in that respect would be
neutral. The same can be said for parking arrangements and ecology.
Conclusion and Recommendation
16. The appeal scheme would be inappropriate development in the Green Belt. It would
also reduce its openness. My findings on the effect of the proposals on the
character and appearance of the area would be a lack of harm and thus neutral.
The other considerations I have investigated would be worthy of moderate weight
taken together. Such that they would not be sufficient against the substantial weight
that should be afforded to any harm to the Green Belt. It is therefore clear that the
very special circumstances needed to justify the proposals do not exist. The
scheme thus conflicts with the development plan and material considerations do not
indicate a decision otherwise. I recommend that the appeal should be dismissed.
L Clark
APPEAL PLANNING OFFICER
Inspector’s Decision
17. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
John Morrison
INSPECTOR
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