1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB
Cotswold District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 3 March 2022
- Authority
- Cotswold District Council
- Inspector
- Howell M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- St Mary's Homes Ltd
- Agent
- Stansgate Planning
- LPA reference
- 21/03449/FUL
- ONS LPA code
- E07000079
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 December 2021
Summary AI
The appeal for a change of use of a domestic garage to a dwellinghouse at 1 Pages Piece, May Lane, Ebrington, has been allowed. The development is considered to be compliant with local policies and would not have a significant impact on the character and appearance of the site. Planning permission has been granted subject to conditions.
PDF text
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision Site visit made on 15 February 2022 by M. P. Howell BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: Thursday 3 March 2022 Appeal Ref: APP/F1610/W/21/3286125 1 Pages Piece, May Lane, Ebrington, Gloucestershire GL55 6NH • 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 St Mary's Homes Ltd against the decision of Cotswold District Council. • The application Ref 21/03449/FUL, dated 6 September 2021, was refused by notice dated 19 October 2021. • The development proposed is for a change of use of domestic garage to a dwellinghouse. Decision 1. The appeal is allowed, and planning permission is granted for a change of use of domestic garage to a dwellinghouse at 1 Pages Piece, May Lane, Ebrington GL55 6NH in accordance with the terms of the application, Ref 21/03449/FUL, dated 6 September 2021, subject to the conditions in the attached Schedule of Conditions. Background and Preliminary Matters 2. The garage subject of this appeal forms part of a development of 3 dwellings and their garages along with a village car park that was permitted in 20191.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The garage was also extended following an approval in 20202. 3. The dwellings and garages were approved and implemented along with a landscaping plan, however, there are ongoing concerns that the completed works do not strictly accord with the approved development. This includes whether part of the hardstanding subject of this appeal (one space) has been granted consent via the previous approval to extend the garage. There are also concerns over the proposed development being used as a holiday let due to complaints that the existing dwellings at Pages Piece are being let out as holiday lets. This is currently being investigated by the Council’s Enforcement Section. 4. For the avoidance of doubt, I have had regard to the information provided as evidence, however, the implementation of the original scheme and garage extension, along with any potential breaches of planning control is not something I can consider as part of this appeal. I have determined the appeal on the conversion of the existing garage to an open market dwelling and the proposed external changes detailed on the submitted plans.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The external changes include the openings to the garage and the whole of the proposed hardstanding to the front of 1 Pages Piece. 1 18/00996/OUT, 19/03360/REM 2 20/04536/FUL https://www.gov.uk/planning-inspectorate
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The external changes include the openings to the garage and the whole of the proposed hardstanding to the front of 1 Pages Piece. 1 18/00996/OUT, 19/03360/REM 2 20/04536/FUL https://www.gov.uk/planning-inspectorate
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision Appeal Decision APP/F1610/W/21/3286125 Main Issue 5. The main issue is the effect of the development on the character and appearance of the area, including the conservation and enhancement of the natural beauty of the Cotswolds Area of Outstanding Natural Beauty. Reasons 6. The appeal site is in a rural village within the Cotswolds Area of Outstanding Natural Beauty (AONB). The appeal site is 1 Pages Piece and its detached garage. The dwellings and garages at Pages Piece are single storey in scale, with a plain and functional shape and form finished in Cotswold Stone and pitched roofs. The traditional rural building design and finishing materials allows the site to assimilate into the edge of the settlement, without negatively impacting upon character and appearance of the site and the AONB. 7. The existing garage has two window openings and two barn style doors to the front elevation as well as a domestic door to the east elevation. The additional openings proposed in the eastern elevation are not excessive in number and are of a comparable size and finish to the openings in the existing dwellings at Pages Piece.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision To safeguard the appearance of the garage, the window openings to the front would be incorporated into the design of the existing garage doors and the five rooflights would be small in scale and positioned low on the front roof plane. The proposed hardstanding would also be an appropriate length and width to accommodate 2 spaces and would be finished in the same material found centrally on the site. 8. I appreciate there are concerns that the new openings and hardstanding would dilute the plain and functional design and layout of the original scheme. However, the prevailing layout of the site, the single storey scale, pitched roofs as well as the plain, functional shape and form of the building and the coherent finishes would be maintained. As such, while the openings and hardstanding would be visible from localised viewpoints, they would not significantly change the character and appearance of the site and its surroundings. Furthermore, from wider public viewpoints, the new windows and hardstanding would not be prominent due to the topography of the area, the size of the openings and the intervening trees.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision As such, the proposed external changes to the garage and additional hardstanding are minor alterations that would not result in excessive light pollution or a fundamental change to the plain and functional appearance of the garage building and its surroundings, preserving the natural beauty of the AONB. 9. I have also had regard to the position of the hardstanding leading to more cars being parked on the access road. However, there are no restrictions to parking on the access road and the entrance to 1 Pages Piece already faces this way. As such, even without the hardstanding, there is no mechanism in place to prevent occupiers parking freely to the front and side of the dwellings at Plots 1 and 2 to access the site. Accordingly, the proposed hardstanding would not lead to a significant increase in cars being parked on the access road and impacting upon the character and appearance of the site. 10. The Council cite Policy INF5 of the LP in their reasons for refusal. This policy requires that development makes provision for residential vehicle parking, which is in accordance with the Council standards.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The Council’s Delegated Decision Report indicates that the parking of two spaces to the front of 1 Pages Piece https://www.gov.uk/planning-inspectorate 2
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The Council’s Delegated Decision Report indicates that the parking of two spaces to the front of 1 Pages Piece https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/F1610/W/21/3286125 would be sufficient to offset the loss of parking in the garage and meet the standards. Therefore, despite the Council’s concerns over the impact of the hardstanding on the character and appearance of the site, the scheme would be compliant with Policy INF5 of the LP. 11. I, therefore, conclude that proposed development would be acceptable, having regard to the character and appearance of the site, including the conservation and enhancement of the natural beauty of the Cotswolds AONB. The scheme would be compliant with Policies INF5, EN2, EN4 and EN5 of the LP, which set out the parking standards and generally seek to ensure new residential development is of a design quality that respects the character and distinctive appearance of the locality and does not have a significant determinantal impact on the natural and historic landscape. The scheme is also in accordance with the general design objectives as well as the policies contained in Section 15 of the National Planning Policy Framework (the Framework.) 12.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision In line with the statutory duty of s85(1) of the CROW Act 2000, and the requirements of Policy EN5 of the Cotswold District Local Plan 2018 (LP), I have given weight to the conservation (and enhancement) of the landscape and scenic beauty of the AONB. However, the changes are considered to be appropriate, and the development would be viewed within the context of the existing built form from local and wider public viewpoints. I do not find that the proposed scheme would be harmful to the built form or the wider landscape of the AONB, and therefore it would conserve the natural beauty of the AONB. Other Matters 13. Representations have been raised over the certified owner of the site. However, the concerns expressed over the ownership of the site are not for consideration under my remit as part of this section 78 planning appeal. Representations also set out the proposed parking spaces would prejudice the implementation of the approved landscaping. As indicated in the preliminary matters, I have determined the appeal based on the proposed scheme, any breach of condition to the original consent would be a matter for the Council to consider separately. 14.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision The Parish Council has indicated that the scheme would be contrary to Policy DS4 of LP, which specifies that new build open market housing will not be permitted outside principal and non-principal settlements, unless it is in accordance with other policies that allow residential development in such locations. Although this is a recently constructed garage, it is not a new build and the sub text of the conversion Policy EC6 of the LP indicates that it applies to all rural buildings, modern or traditional. Therefore, the scheme would be considered under Policy EC6 of the LP and would not be contrary to the provisions of Policy DS4 of LP. 15. I have had regard to concerns raised in respect of increased traffic as well as noise and disturbance to neighbours and impacts from light. The level of additional traffic, as well as additional noise and disturbance generated from one dwelling would not be significant enough to adversely impact upon neighbours’ living conditions. Although I acknowledge concerns regarding light, there is no substantive evidence that leads me to conclude that the light impact from the additional windows in the scheme would affect biodiversity or the dark skies of the AONB.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 3
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision Appeal Decision APP/F1610/W/21/3286125 Conditions 16. The Council has submitted suggested conditions, were I minded to allow the appeal. I have considered these in the light of advice in the National Planning Practice Guidance (the PPG) and, in the interests of clarity and precision, amended some of the wording. 17. It is necessary in the interests of clarity to define the approved plans for the scheme. A condition requiring classes Schedule 2, Part 1, Class A, C, E or G and Schedule 2, Part 2 Class A of the permitted development rights to be removed was requested by the Council. Although in this case it has been considered that the changes to the scheme are appropriate, I accept that some permitted changes could unacceptably alter the character and appearance of the site and wider area. As such, to control the nature of development on the site through the restriction of permitted developments is reasonable in this case. 18. There was also a request in a representation to impose a condition limiting the use to a market dwelling, to prevent it from being used as a holiday let. However, it is not possible to determine that any holiday let use at this site would be harmful and need to be restricted in this manner.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — Appeal Decision As such, imposing a condition such as this would be overly onerous and would not pass the relevant tests of being necessary to make the development acceptable. Conclusion 19. For the reasons given above and taking into account the development plan as a whole and all other relevant material considerations, I conclude that the appeal should be allowed.
1 Pages Piece May Lane, Ebrington, CHIPPING CAMPDEN, GL55 6FB — Cotswold District Council — M. P. Howell INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin no later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 3528_320 Rev A, 3528_321 Rev A, 3528_322. 3) Notwithstanding the provisions of Schedule 2, Part 1 Class A, C, E or G the Town and Country Planning (General Permitted Development) (England) Order 2015, or any other statutory instrument amending or replacing it, no extensions, outbuildings or chimneys shall be erected or constructed in the application site, or additional windows, doors or rooflights inserted on the development hereby approved, other than those permitted by this Decision Notice. 4) Notwithstanding the provisions of Schedule 2, Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any other statutory instrument amending or replacing it, no walls, fences, gates, gate piers or other means of enclosure shall be erected on, or sited in, the application site, other than those permitted by this Decision Notice. https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance For appellant ¶6-10
The proposed development would be compliant with local policies, and would not significantly change the character and appearance of the site. The design of the garage and hardstanding would be consistent with the existing built form, and would not have a detrimental impact on the natural beauty of the Cotswolds Area of Outstanding Natural Beauty.
Parking For appellant ¶10
The proposed development would meet the parking standards set out in Policy INF5 of the LP, and would not lead to a significant increase in cars being parked on the access road.
Living conditions Neutral ¶15
The level of additional traffic, noise and disturbance generated from the proposed development would not be significant enough to adversely impact upon neighbours' living conditions.
Flood risk Neutral ¶null
No mention of flood risk in the decision letter.
Policies relied on
| Reference | Weight |
|---|---|
| INF5 |
Substantial |
| EN2 |
Substantial |
| EN4 |
Substantial |
| EN5 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 3 March 2022 under the Open Government Licence.