Case 3271420

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE

Mid Sussex District Council — appeal allowed

Outcome
Allowed
Decision date
11 October 2021
Authority
Mid Sussex District Council
Inspector
Cliff D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
JRF Developments Sussex Ltd
Agent
Rodway Planning Consultancy
LPA reference
DM/20/4548
ONS LPA code
E07000228
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 July 2021

Summary AI

The appeal for a detached single garage to an existing new build at Oak View, Balcombe, has been allowed. The inspector considered that the proposal would preserve the character and appearance of the Balcombe Conservation Area, and would not result in visual harm. The garage would be substantially screened by the existing front and side boundaries, and its design and materials would match those of the existing dwelling.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision Site Visit made on 21 September 2021 by David Cliff BA Hons MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 11 October 2021. Appeal Ref: APP/D3830/W/21/3271420 Oak View, Stockcroft Road, Balcombe, RH17 6LE • 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 R Ferris (JRF Developments Sussex Ltd) against the decision of Mid Sussex District Council. • The application Ref DM/20/4548, dated 2 December 2020, was refused by notice dated 1 February 2021. • The development proposed is ‘detached single garage to existing new build’. Decision 1. The appeal is allowed and planning permission is granted for a detached single garage to existing new build at Oak View, Stockcroft Road, Balcombe, RH17 6LE in accordance with the terms of the application, Ref DM/20/4548, dated 2 December 2020 and subject to the following conditions: 1) The development hereby permitted shall begin no later than three years from the date of this decision.

Page 1 · Chunk 1 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: ‘Location Plan’, ‘Original Site Survey’ (Drawing Number 01), ‘Site Plan Showing Proposed Garage’ (Drawing Number 04) and ‘Indicative Street Scene’ (Drawing Number 05). 3) The materials and finishes of the external walls and roof of the garage hereby permitted shall match in colour and texture those of the existing dwelling. Preliminary Matters 2. Whilst the planning application refers to the proposal as revisions to the existing planning permission for a new detached dwelling, the dwelling appears now to have been substantially completed. The representations from the main parties indicate that the proposal can be dealt with solely as a proposal for the proposed garage and I have proceeded to deal with the appeal on this basis. Main Issue 3. The main issue is whether the proposal would preserve or enhance the character and appearance of the Balcombe Conservation Area. Reasons 4. Stockcroft Road, in its entirety, is predominantly characterised by detached dwellings of varying designs with generally good levels of boundary screening.

Page 1 · Chunk 2 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision The general character of existing development becomes tighter knit to the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision The general character of existing development becomes tighter knit to the https://www.gov.uk/planning-inspectorate Appeal Decision APP/D3830/W/21/3271420 north towards and within the village centre. The Conservation Area as a whole is predominantly of a residential character but with intermingled commercial development within and close to the village centre. Whilst the spacious front gardens along Stockcroft Road contribute positively to the Conservation Area, these are less evident in the vicinity of the appeal site, on the northern most section of the road, where there are several properties with smaller front gardens. 5. The detached properties in this part of Stockcroft Road are set back from their front boundaries to varying degrees. Properties such as Wood House and The Croft to the south of the appeal site are particularly prominent in the street scene due to their limited distance from the front boundary. Beechcroft to the south has a large car port structure protruding forward of the dwelling. Furthermore, the Council has recently granted permission for a development including a new shed sited close to the front boundary at nearby Culver House to the north.

Page 2 · Chunk 4 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision In spite of the generous front boundary screening evident at many properties, features such as those described above, along with the existing Victory Hall to the northwest of the appeal site and the utility building to the south result in considerable variation within the streetscene in this part of the Conservation Area. 6. Although the proposed garage would be sited forward of the existing dwelling, it would be substantially screened by the existing front and side (southwest) boundaries. There is no evidence that indicates that this existing screening could not be retained and from the information provided, including the proposed site layout plan, I am satisfied that the boundary screening would be retained. Whilst the apex of its pitched roof would be visible above the front hedge, the screening and low floor level of the garage in comparison with the higher level of the adjoining footpath and road, would result in it not being visually prominent or intrusive within the streetscene. The proposed materials, including roof tiles and timber boarding, would match those of the existing dwelling and would provide for a generally well-considered design. 7.

Page 2 · Chunk 5 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision Although it would reduce the openness of the front garden to the dwelling, as a single garage it would only have a limited footprint. Given the layout and character of the immediate locality, the design of the garage, the existing screening and the proposed low slab level of the garage, no harm would result to the character or appearance of the surrounding area. The effect of the associated hard standing would be softened by the existing boundary screening and taking account of the context in this part of the road, including the nearby parking area to Victory Hall, it would not result in any visual harm. 8. Whilst the Inspector in another appeal considered a garage to the front of Elkanah on Deanland Road to amount to harmful overdevelopment in the front garden, for the reasons set out above I do not consider this to be case in the current appeal. From the details provided in the Officer’s report on the current scheme, it also appears that the garage which was the subject of that previous appeal was larger and not set at a lower level than the road as is relevant in this case.

Page 2 · Chunk 6 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision The Parish Council also refer to another dismissed scheme in the village, but without any details including the location of this, so it is not possible for me to make any comparison with the current appeal scheme. 9. I therefore conclude that the proposal would preserve the character and appearance of the Balcombe Conservation Area. It would accord with the https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision The Parish Council also refer to another dismissed scheme in the village, but without any details including the location of this, so it is not possible for me to make any comparison with the current appeal scheme. 9. I therefore conclude that the proposal would preserve the character and appearance of the Balcombe Conservation Area. It would accord with the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision Appeal Decision APP/D3830/W/21/3271420 heritage and design aims of Policies DP26 and DP35 of the Mid Sussex District Plan 2014 – 2031, Policy 3 of the Balcombe Parish Neighbourhood Plan 2016 – 2031, the Mid Sussex Design Guide Supplementary Planning Document and the National Planning Policy Framework. Other Matters 10. Located within a built-up area and causing no visual harm to the locality, the proposal would also conserve the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty. 11. The appellant states that the garage would be positioned to replace an area of hardstanding. No drawings have been provided in respect of such previous approvals. As set out above, no harm would result from the proposed development and, whilst the current proposal might differ from previous approvals relating to the new dwelling, this has very little bearing on the outcome of this appeal. Conditions 12. An approved plans condition is necessary for clarity on what has been approved. I have only included the plans relating to the proposed garage itself as the other plans listed by the appellant only show the existing dwellinghouse, which is not part of the application.

Page 3 · Chunk 9 Appeal Decision

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — Appeal Decision A condition requiring matching materials is necessary to preserve the character and appearance of the Conservation Area. 13. The Council’s other suggested condition restricting the use of the garage is not necessary as the garage would be located within and be associated with the residential curtilage of the existing dwelling and would be subject to relevant use class provisions in connection with any change of use. Conclusion 14. I conclude that the proposal would accord with the development plan and there are no material considerations that indicate that permission should be refused. I therefore allow this appeal.

Page 3 · Chunk 10 David Cliff

Oak View (former garden land of The Briars), Stockcroft Road, Balcombe, West Sussex, RH17 6LE — Mid Sussex District Council — David Cliff 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

Heritage impact
For appellant
¶6

The inspector considered that the existing front and side boundaries would retain existing screening, and that the garage would not be visually prominent or intrusive within the streetscene.

Heritage impact
For appellant
¶7

The inspector considered that the design of the garage, the existing screening, and the proposed low slab level would not result in any harm to the character or appearance of the surrounding area.

Living conditions
For appellant
¶10

The inspector considered that the proposal would conserve the landscape and scenic beauty of the High Weald Area of Outstanding Natural Beauty.

Policies relied on

Reference Weight
DP26, DP35, Policy 3 of the Balcombe Parish Neighbourhood Plan 2016 – 2031, the Mid Sussex Design Guide Supplementary Pl
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 11 October 2021 under the Open Government Licence.