Case 3247917

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ

Swale Borough Council — appeal split decision

Outcome
Split Decision
Decision date
16 July 2021
Authority
Swale Borough Council
Inspector
Wilkinson S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr G Boshier
Agent
bob britnell - planning consultancy
LPA reference
19/505426/FULL
ONS LPA code
E07000113
Jurisdiction
Transferred
Link status
Not Linked
Start date
25 June 2020

Summary AI

The appeal was dismissed in part due to the impact of the proposed garage on the character and appearance of the Ospringe Conservation Area. The 2 storey rear extension was allowed, subject to certain conditions.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision Site visit made on 2 March 2021 by Stephen Wilkinson BA BPl DIP LA MBA MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 16 July 2021 Appeal Ref: APP/V2255/W/20/3247917 1 Dawsons Row, Water Lane, Ospringe, Faversham, Kent • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr G Bolshier against the decision of Swale Borough Council. • The application Ref 19/55426/FUL, dated 3 November 2019, was refused by notice dated 2 January 2020. • The development proposed is Proposed 2 storey extension to rear of dwelling, detached garage with studio/hobby room over an enlarged garden. Decision 1. The appeal is dismissed in so far as it relates to the proposed detached garage and allowed in so far as it relates to the proposed 2 storey rear extension subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

Page 1 · Chunk 1 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans in sofar as they only relate to the proposed extension: Location Plan 1:1250 OS, Block Plan as Existing 1:500 OS; Block Plan as proposed 1:500 OS; 579-01P4 existing plans ground and first floor; 579-02P4 existing elevations; 579-07P4 proposed plans, ground floor; 579-08P4 proposed plans first floor; 579-09P4 proposed elevations; additional elevations and unnumbered axonometric view; Planning and Heritage Statement. 3) No development beyond the construction of foundations shall take place until details in the form of samples of external finishing materials to be used in the construction of the development hereby approved have been submitted to and approved in writing by the local planning authority, and work shall be implemented in accordance with the approved details. Procedural Matter 2. In determining this appeal, whilst I have included in the banner heading, the description of proposed development used by the appellant on their application form, I have determined the appeal on the basis of the description used by the Council. I consider that this more accurately reflects what is proposed.

Page 1 · Chunk 2 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision This reads as, ‘Change of Use of land to residential garden. Erection of 2 storey rear extension and detached garage with room above’. Accordingly, I have determined the appeal on this basis. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision This reads as, ‘Change of Use of land to residential garden. Erection of 2 storey rear extension and detached garage with room above’. Accordingly, I have determined the appeal on this basis. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision Appeal Decision APP/V2255/W/20/3247917 Main Issue 3. The effect of the development proposed on the character or appearance of the area, with particular regard to the Ospringe Conservation Area (CA). Reasons 4. The appeal site lies within the Ospringe CA at the end of a terrace of small 2 storey residential properties. There is no dispute between the parties on the proposed 2 storey extension to the main property. This would be modest in scale reflecting the proportions of the host property. For these reasons it would not adversely impact on the character and appearance of the CA. 5. In contrast, the proposed double garage would be a large addition to the appeal site. This would be completed with a pitched roof allowing an attic room. The garage would partially occupy a site at the side of the host property which is used for parking but due to its length would require excavation of part of a paddock to the rear. This would limit the extent of its impact on the CA. 6. However, these measures would not adequately mitigate for the size of this separate building.

Page 2 · Chunk 5 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision Furthermore, they only serve to demonstrate the large size of the garage which given its location would adversely impact on the character and appearance of the CA when viewed in the context of the size of the host property and in turn the scale of the individual properties which comprise the adjacent terrace. 7. Although the appellant identifies the scheme with traditional barns, the design context is at odds with this architectural tradition given that the proposed garage would be so large when compared to the host building and set so close. Additional planting would not overcome the shortcomings in the scheme. 8. Accordingly, I conclude that the proposal would be harmful, in sofar as it relates to the proposed garage, to the appeal site and in turn to the character or appearance of the area with particular regard to the Ospringe CA. 9. Policies, CP4, DM14, DM16 and DM33 of Bearing Fruits 2031: the Swale Borough Plan and the Councils published guidance1, seek to ensure that development should safeguard or enhance designated heritage assets, respect local character and ensure that development in conservation areas will only be permitted where it will preserve or enhance its character or appearance. 10.

Page 2 · Chunk 6 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision For the purposes of paragraph 196 of the National Planning Policy Framework 2019, the proposals would result in less than substantial harm to the significance of a designated heritage asset. Whilst the appeal scheme would result in a new garage that would benefit the appellant, this does not amount to a public benefit that would outweigh the harm that would occur to the character or appearance of the CA. 11. Therefore, whilst the proposal may comply with some elements of local and national policies, the proposed garage would conflict with the development plan and the Framework overall, for the reasons set out above. Conditions 12. I have imposed conditions for materials and plans for reasons of certainty. 1 Conservation Areas https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Appeal Decision Appeal Decision APP/V2255/W/20/3247917 Conclusions 13. For the above reasons having regard to all other matters, I hereby allow the part of the appeal scheme which relates to the 2 storey rear extension and dismiss that part of the scheme which relates to the erection of the garage.

Page 3 · Chunk 8 Stephen Wilkinson

1 Dawsons Row, Water Lane, Ospringe, FAVERSHAM, ME13 8TZ — Swale Borough Council — Stephen Wilkinson INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶4-11

The proposed garage was deemed to be too large and would negatively impact the character and appearance of the Ospringe Conservation Area. The National Planning Policy Framework and local policies were taken into account when making this decision.

Policies relied on

Reference Weight
CP4, DM14, DM16, DM33
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 16 July 2021 under the Open Government Licence.