Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — by N Praine BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 8 December 2022

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Szigeti against Woking Borough Council. • The application Ref PLAN/2022/0055, is dated 19 January 2022. • The application sought the removal of condition no. 3 on previous permission Ref PLAN/2021/0293 for a single storey timber and double glazed garden room to side of property following demolition of existing side conservatory. Removal of single storey side store and front bay window, dated 13 July 2021. • The condition in dispute is No.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT 3 which states that: Notwithstanding the provisions of Article 3 and Schedule 2 Part 1 and Classes A, B, D and E of The Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order amending or re-enacting that Order with or without modification), no further extensions, additions to the dwelling or areas of hardstanding, or the provision of any additional building within its curtilage, shall be constructed without the prior written permission of the Local Planning Authority. • The reason given for the condition is: The Local Planning Authority considers that further development could cause detriment to the openness of the Green Belt and to the character of the area and for these reasons would wish to control any future development in accordance with Policies CS6 and CS21 of the Woking Core Strategy 2012, Supplementary Planning Document 'Design (2015)' and the provisions of the National Planning Policy Framework (NPPF) 2012.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Szigeti against Woking Borough Council. • The application Ref PLAN/2022/0054, is dated 19 January 2022. • The application sought the removal of condition no. 5 on previous permission Ref 79/1243 for the demolition of any existing buildings, the execution of site works and the erection of a detached house with detached double garage, dated 10 January 1980. • The condition in dispute is No. 5 which states that: Notwithstanding the provisions of Article 3 and Schedule 1 (Class I) of the Town and Country Planning General Development Order 1977 no extensions or other form of enlargement to the dwelling hereby permitted shall take place without the prior approval in writing of the Local Planning Authority.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT • The reason given for the condition is: The site lies within an area subject to Metropolitan Green Belt policy and where new residential development is not normally https://www.gov.uk/planning-inspectorate

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT • The reason given for the condition is: The site lies within an area subject to Metropolitan Green Belt policy and where new residential development is not normally https://www.gov.uk/planning-inspectorate

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Appeal Decisions APP/A3655/W/22/3296859 permitted. This permission has only been granted on the understanding that the dwelling is a replacement of the existing and does not materially exceed the size of the existing dwelling, thereby avoiding an undesirable increase in building mass in this rural area. Decisions 1. Appeal A - The appeal is dismissed and planning permission to remove the condition refused. 2. Appeal B - The appeal is allowed and planning permission granted, Ref 79/1243 dated 10 January 1980, for the demolition of any existing buildings, the execution of site works and the erection of a detached house with detached double garage at Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT in accordance with the application, is varied by deleting condition 5. Appeal A Application for costs 3. An application for costs was made by Mr Szigeti against Woking Borough Council. This application is the subject of a separate decision. Preliminary Matters 4. The appeal was made following the failure of the Council to give notice of their decision on the application within the statutory period.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Had the Council been in a position to determine the application, it would have refused it on the potential for inappropriate development and unacceptable loss of openness in the Green Belt. 5. I have, for completeness, used the appellant’s title, which is set out on the appeal form, in the banner heading above. Background and Main Issue 6. Foxcote is a generously sized detached two-storey property set within an extensive garden, situated within the Green Belt. Planning permission was granted under Ref PLAN/2021/0293 for the erection of a single storey garden room to the side of Foxcote, this development also included the demolition of 3 existing sections of the dwelling: a side conservatory, a side store and a front bay window. 7. The appellant suggests that condition 3 attached to PLAN/2021/0293, which removes Classes A, B, D and E permitted development rights, of Schedule 2, Part 1 of the Order, for the appeal property is unreasonable and has therefore sought the removal of the condition. Accordingly, the main issue is whether the condition is reasonable to make the development acceptable in the context of the site’s location within the Green Belt. Reasons 8.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Paragraph 137 of the National Planning Policy Framework (the Framework) confirms that the Government attaches great importance to Green Belts and Policy CS6 of the Woking Borough Council Core Strategy 2012 (the Core Strategy) also seeks to protect the Green Belt from harmful development. https://www.gov.uk/planning-inspectorate 2

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Paragraph 137 of the National Planning Policy Framework (the Framework) confirms that the Government attaches great importance to Green Belts and Policy CS6 of the Woking Borough Council Core Strategy 2012 (the Core Strategy) also seeks to protect the Green Belt from harmful development. https://www.gov.uk/planning-inspectorate 2

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Appeal Decisions APP/A3655/W/22/3296859 9. Policy DM13 of the Woking Borough Council Development Management Policies Development Plan Document 2016 (the Development Plan Document) and paragraph 149(c) of the Framework state that disproportionate additions to a building, over and above the size of the original building are regarded as inappropriate development within the Green Belt. 10. Paragraph 5.40 of the supporting text to Policy DM13 of the Development Plan Document states that development proposals should be within the range of 20- 40% above the original volume of the building. 11. The Council state that the existing building has been extended in volume by 92% over the original building and the development and demolitions proposed under PLAN/2021/0293, would amount to a 0.6% volumetric increase. The appellant does not dispute these figures. 12. I acknowledge the extension under reference PLAN/2021/0293 would be modest in size and scale with limited visibility from public vantage points. However, the existing building has already been increased by 92% over the original and this is significantly beyond the indicative range set out at paragraph 5.40 of the Development Plan Document.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Any further extensions to this building would be inappropriate development which is by definition harmful to the Green Belt. 13. Paragraph 147 of the Framework states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (VSC). In considering if VSC existed, the Council found the development proposed under Ref PLAN/2021/0293 conflicted with Green Belt policy, however, they found special VSC existed to allow this application. Those VSC included the removal of permitted development rights. 14. Classes A, B, D of Schedule 2, Part 1 of the Order would allow for further increases to the building. In this context wherein any further increases to the building would be disproportionate and therefore inappropriate development, I am satisfied that an element of restriction is necessary, relevant and reasonable to protect the Green Belt being eroded by further extensions and alterations to the building. 15. Furthermore, in so far as whether outbuildings permitted under the provisions of Schedule 2, Part 1 Class E of the Order, could be considered as an extension to the dwelling is a matter of fact and degree on a case-by-case basis.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT I consider that it is also reasonable, relevant, and necessary to retain the references to Class E development as these buildings could be erected close to the existing dwelling. 16. On this basis, if condition 3 was deleted from PLAN/2021/0293, I do not consider VSC would exist to clearly outweigh the harm to the Green Belt set out above. 17. The retention of the condition would not be an absolute stoppage on development, it would allow the Council to consider proposals for further extensions in the context of the relevant national and local planning policy. I am also satisfied that the condition justifies the exceptional circumstances and clear justification required by the Planning Practice Guidance and the Framework. https://www.gov.uk/planning-inspectorate 3

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Appeal Decisions APP/A3655/W/22/3296859 18. The appellant draws my attention to three recent appeal decisions, I have only been provided with the decision notices and this restricts detailed comparison with the case before me. Nevertheless, two of the cases provided are outside the Woking Borough and the relevant provisions of policy DM13 of the Development Plan Document were not a consideration. Additionally, it does not appear, from the evidence before me, that these conditions were specifically imposed to prevent further additions, to an existing building which had already been disproportionately extended. This represents a notable distinction and therefore I ascribe limited weight to these other appeals. 19. Therefore, I find that the imposition of condition 3 is reasonable and necessary to safeguard the essential characteristics of the Green Belt. To do otherwise would conflict with policy CS6 of the Core Strategy, policy DM13 of the Development Plan Document and the Framework, which all seek to protect the Green Belt from inappropriate development. Other Matters 20.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT The Council’s evidence suggests the removal of this condition would be contrary to Policy CS21 of the Core Strategy, the character of the area and neighbour amenity. However, no clear justification has been provided to show that development under the Order would adversely affect the character and appearance of the area, beyond the Green Belt considerations set out above. Likewise, there is no clear substantive evidence before me setting out what affect development, under the Order, would have on living conditions of the occupants of neighbouring properties either. Given I am dismissing Appeal A for other reasons, there is no need for me to consider this matter further. 21. The Council’s evidence also refers to Policy CS12 of the Core Strategy, however, this policy concerns affordable housing. From the evidence before me, this policy appears to have limited relevance to this appeal, and I have therefore not referred to it as part of my decision. Appeal B Application for costs 22. An application for costs was made by Mr Szigeti against Woking Borough Council. This application is the subject of a separate decision. Preliminary Matters 23.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT The appeal was made following the failure of the Council to give notice of their decision on the application within the statutory period. Had the Council been in a position to determine the application, it would have refused it on the potential for inappropriate development and unacceptable loss of openness in the Green Belt. 24. The Council’s original decision notice, Ref 79/1243, refers to the appeal site by its previous name ‘New Copse’, Blackhorse Road, Woking. The address provided on the appeal and application forms refers to ‘Foxcote’. For the purposes of this appeal, I have used the updated property name 25. I have, for completeness, used the appellant’s title, which is set out on the appeal form, in the banner heading above. https://www.gov.uk/planning-inspectorate 4

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Appeal Decisions APP/A3655/W/22/3296859 Background and Main Issue 26. Foxcote is a generously sized detached two-storey property set within an extensive garden, situated within the Green Belt. Planning permission was granted under Ref 79/1243 for the demolition of existing buildings and the erection of a detached house with detached double garage. 27. The appellant suggests that condition 5 attached to decision Ref 79/1243, which restricts extensions or other forms of enlargement to the appeal property is unreasonable and has sought the removal of the condition. The main issue is, therefore, whether the condition is reasonable to make the development acceptable in the context of the site’s location within the Green Belt. Reasons 28. The Council state that due to the age of the original application, it does not hold a delegated report and therefore does not have detailed justification for the condition. The original decision notice states that the replacement dwelling did not materially exceed the size of the original dwelling. Therefore, when it was approved, the replacement dwelling was considered to be policy compliant. 29.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT I acknowledge the Council have subsequently granted planning permission for further extensions and alterations to the dwelling since 79/1243 was implemented. The Council also recognised the importance of the Green Belt when it sought to control future development when it granted the application under reference 79/1243 by imposing the condition. 30. However, the deemed grant of planning permission under the terms of the Order does not explicitly exclude development within the Green Belt. Furthermore, there is no requirement in its terms to subject any proposed development to the tests of inappropriateness or openness. 31. While the appeal site is located within the Green Belt and there may be a potential for further extensions and outbuildings, this also applies to a significant proportion of other dwellings sited within the Green Belt and would not alone demonstrate an exceptional circumstance. 32. Given the replacement dwelling was deemed to be policy compliant when the decision was made, it has not been clearly demonstrated that the replacement dwelling under Ref 79/1243 would not have been approved without condition 5 at that point in time.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Therefore, the necessary clear justification required to remove permitted development rights, has not been shown to exist to make condition 5 acceptable in planning terms when that decision was made. This approach fails to comply with the current policy as set out in paragraphs 54 and 55 of the Framework. 33. I therefore conclude that the required justification for the removal of the permitted development rights attached to Ref 79/1243 does not exist and therefore the condition is unreasonable and unnecessary. It therefore fails the tests as set out in Paragraph 56 of the Framework. Other Matters 34. The Council’s evidence suggests the removal of this condition would be contrary to Policy CS21 of the Core Strategy. However, limited site-specific reasoning has been provided to show that development under the Order would https://www.gov.uk/planning-inspectorate 5

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — Foxcote, Blackhorse Road, Brookwood, Woking GU22 0QT Appeal Decisions APP/A3655/W/22/3296859 adversely affect the provisions of Policy CS21. I note the policy relates to design, however, in the absence of clear justification showing conflict with Policy CS21, any weight attributable to this policy is limited and does not outweigh my findings above. Conclusion 35. Consequently, for the above reasons, and having regard to all other matters raised, I conclude that Appeal A should be dismissed and planning permission refused. 36. In regard to Appeal B, this should be allowed and planning permission granted by deleting the disputed condition No 5 of reference 79/1243. For the avoidance of doubt all other conditions attached to 79/1243 remain in place as per the original decision notice.

Foxcote, Blackhorse Road, Brookwood, Woking, GU22 0QT — Woking Borough Council — N Praine INSPECTOR https://www.gov.uk/planning-inspectorate 6