Detached two-storey garage, home office and storage ancillary to principal dwelling
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Inspector’s Reasoning
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
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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
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