Construction of 2-storey Cart Lodge
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Character & Appearance
Trees & Landscape
Open Space
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: 6013673
Five Gables, Cherry Garden Lane, Danbury, Chelmsford, CM3 4QY
• 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 K Andrews against the decision of Chelmsford City Council.
• The application Ref is 26/00387/FUL.
• The development proposed is the construction of 2-storey Cart Lodge.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this case are: i) the effect of the proposal on the character of the
host bungalow; ii) the effect of the proposal on the long-term retention of the
preserved Oak and its amenity value.
Reasons
3. The site is located within the Defined Settlement of Danbury. It contains a large
single-storey detached bungalow, set back within the plot, such that its front
elevation has very little presence within the streetscene. The site benefits from a
large frontage of a maintained garden area and off-street parking and driveway.
The streetscene in the vicinity has a mix of development, predominantly bungalows
on the appeal site side of the road, whilst there are two-storey dwellings on the
opposite side. The existing chalet to the east has a ridge height of 6.4m, whilst a
new house with a ridge hight of 11m is under construction immediately to the west
of the site. The design of the building would utilize traditional Essex outbuilding
vernacular.
4. Some of the neighbouring houses have single-storey outbuildings and garages
within their frontages. The adjacent property to the west, (3 Hyde Lane) has a
large, protected Oak (TPO/1989/022) close to the site boundary, its branches
overhanging the site frontage. There would be lawn between the cart lodge and the
highway, extending across to the existing access to the property. The appeal
building is designed to provide secure accommodation for a specialist tall vehicle,
although I note that its design provides open entrances for the vehicle garaging.
5. In most respects a cart lodge would fit in with its immediate surroundings,
particularly in respect of the garages on the opposite side of the road which are set
a similar distance back from the highway. However, these are of the usual form
with roofs being about 2m high. The proposed cart lodge would be approximately
Appeal Decision 6013673
2
5.85m high, having dimensions of 6.4m across the front and a 6m long side facing
the road. In addition, there would be the substantial half gabled roof and gabled
dormer windows. These aspects of the design are at total variance to other forward
sited garages, and its appearance would be out of character with the host
bungalow, and with its surroundings.
6. Turning to the second issue, the effect of the proposal on the long-term retention of
the preserved Oak and its amenity value, the professional Arboricultural Impact
Assessment and Tree Protection Plan satisfies me that this is not an additional
reason to refuse the proposal.
7. However, for the reasons that I have given, the appeal will be dismissed.
Terrence Kemmann-Lane
INSPECTOR
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