Detached two-storey garage, home office and storage ancillary to principal dwelling

Appeal Decision Site visit made on 8 September 2026 By Terrence Kemmann-Lane JP DipTP FRTPI MCMI an Inspector appointed by the Secretary of State Decision date: 18 September 2026 Appeal Ref: 6010904 Stonecroft, Mowden Hall Lane, Hatfield Peverel, CM3 2NS • 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 A Hamilton against the decision of Braintree District Council. • The application Ref is 26/00347/HH. • The development proposed is a detached two-storey garage, home office and storage ancillary to principal dwelling. Decision 1. The appeal is allowed and planning permission is granted for a detached two- storey garage, home office and storage ancillary to principal dwelling at Stonecroft, Mowden Hall Lane, Hatfield Peverel, CM3 2NS in accordance with the terms of the application, Ref 26/00347/HH, and the plans submitted with it, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The materials used in the development herby approved shall be those that are specified on the application form. 3) The building hereby permitted shall only be used for garaging, home office and storage in connection with the dwelling ‘Stonecroft’. Main Issue 2. The main issue in this case is the effect of the proposed building on the host dwelling. Reasons 3. Stonecroft is an established detached 2-storey house on Mowden Hall Lane and is outside of any defined settlement boundary. The curtilage is large with its garden area mainly located to the side of the dwelling. There is an existing single storey double garage outbuilding and off-street parking for numerous vehicles to the side of the dwelling. It sits in rural surroundings, with buildings varying in age, scale and appearance. Agricultural buildings, domestic garages, stables, storage buildings and other ancillary structures are all features of the locality. Appeal Decision 6010904 2 4. The curtilage of Stonecroft is elongated, having a long boundary with the highway, but being relatively shallow in its depth, orientated with its main axis on a north- west – south-east alignment. There is a substantial row of trees and hedges along the highway boundary. The existing house is close to the south-east end of the curtilage. 5. The proposal comprises a two-storey detached garage, home office and storage for use ancillary to the main dwelling. The main garage element is placed at the centre with symmetrically positioned side projections, and dormer windows in the roof. The staircase to the upper floor would be located internally. The outbuilding would measure 13.9 metres wide by 6.5 metres at its deepest point, and 5.8 metres at its highest point. It would be finished in brick and timber with a tiled roof. 6. Policy LPP36 of the adopted local plan allows for the provision of outbuildings. The policy, which will be well known to the parties, has a number of criteria. The proposal is in accord with most of the criteria, but needs careful examination in relation to being subordinate to the original dwelling in terms of bulk, height and position, and being well related to the existing development in the curtilage of the dwelling. 7. The proposed building would be directly behind the road-side trees and hedgerow and just to the right of the entry to the curtilage. Whilst the trees and hedges would diminish the impact from the highway, these are not substantial enough to provide full screening due to its height and scale. The footprint of the building would be substantial, but its overall scale would be considerably smaller than the full 2-storey ‘Stonecroft’ house. It would have gabled roofs within which 4 small dormers would be placed. The scale of the roof would be diminished by the fact that it would have subordinate roofs with a lower ridge line at each side of a central section. The garaging would be of a size that responds to the scale of modern vehicles, which the existing garaging does not provide. 8. The proposed building would use traditional materials, including facing brickwork, timber detailing and tiled roofs, reflecting the architectural character of the existing dwelling and the wider rural environment. The council criticises the positioning close to the highway, but it is not uncommon in rural areas to have garages, storage, and other buildings alongside the road, as is often the case with a farmstead. Examples of this can be seen just to the west. 9. My conclusion is that the proposed building would not be that dissimilar to other rural buildings and would not have a harmful effect of competing with or detracting from the primacy of the host dwelling. For these reasons, the appeal will be allowed. Conditions 10. The statutory condition that provides a time limit on the start of development must be imposed. The council has not suggested any conditions, but I consider that there should be conditions requiring that the development is carried out in full accordance with the application plans and the materials indicated on the application form. This is to ensure that the development is in keeping with the character of the existing dwelling. In addition, since the building would be just inside the residential curtilage and immediately adjacent to the access from the highway, and has accommodation that could be utilised for uses other than those connected with Appeal Decision 6010904 3 Stonecroft, I will also impose a condition tying it with the house. This is to prevent unsustainable uses in the countryside. Terrence Kemmann-Lane INSPECTOR