Case 3301744

Brackenlee, Woodcote Side, Epsom, SURREY, KT18 7HJ

Epsom and Ewell Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
2 February 2023
Authority
Epsom and Ewell Borough Council
Inspector
Chalk M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Rajanpal Khuman
LPA reference
22/00189/FLH
ONS LPA code
E07000208
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 October 2022

Summary AI

The appeal was dismissed due to the proposed development's impact on the character and appearance of the area, which conflicted with local planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Brackenlee, Woodcote Side, Epsom, SURREY, KT18 7HJ — Epsom and Ewell Borough Council — Appeal Decision Site visit made on 11 January 2023 by M Chalk BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 2nd February 2023 Appeal Ref: APP/P3610/W/22/3301744 Brackenlee, Woodcote Side, Epsom, Surrey, KT18 7HJ • 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 Rajanpal Khuman against the decision of Epsom and Ewell Borough Council. • The application Ref 22/00189/FLH, dated 8 February 2022, was refused by notice dated 29 April 2022. • The development proposed is erection of outbuilding comprising granny annexe (for ancillary use) and recreation rooms (for incidental use) to main house. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 3. The proposed building would be a large outbuilding located at the foot of the garden. Although one storey would be sunken into the ground, the outbuilding would still have a ridgeline to match the existing house, despite the significantly lower ground level at the foot of the garden.

Page 1 · Chunk 1 Appeal Decision

Brackenlee, Woodcote Side, Epsom, SURREY, KT18 7HJ — Epsom and Ewell Borough Council — Appeal Decision The size of the outbuilding would be uncharacteristic in the surrounding area, where no similarly sized outbuildings are visible from the appeal site. It would be a prominent and incongruous presence when seen from neighbouring properties. This would include houses in Oakmead Green to the rear of the site, as the construction of the outbuilding would involve the removal of the substantial established planting along the rear site boundary. 4. The appellant notes that a single-storey outbuilding of larger footprint could be constructed under the property’s permitted development rights. This may be the case, but such a building could not be as tall, as outbuildings located within 2 metres of the curtilage are restricted to no more than 2.5 metres in height, where the proposed outbuilding would be more than 6 metres to the ridge. This consideration therefore attracts limited weight in my determination of this appeal. 5. I recognise that the proposed development would allow the appellant to provide improved accommodation for their family with less disruption than extending the house. However, this would principally be a private benefit, and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Brackenlee, Woodcote Side, Epsom, SURREY, KT18 7HJ — Epsom and Ewell Borough Council — Appeal Decision Appeal Decision APP/P3610/W/22/3301744 does not outweigh the harm that would arise from the uncharacteristic scale of the development. 6. The proposed outbuilding would be harmful to the character and appearance of the area because of its size and siting. It would therefore conflict with Policy CS 5 of the Core Strategy 2007 and Policies DM9 and DM10 of the Development Management Policies Document 2015. Taken together these require that development reinforce local distinctiveness and respect, maintain or enhance the prevailing development typology. Other Matters 7. I note the appellant’s concerns about the Council’s handling of the planning application. However, this falls outside of my authority to address, and is not a consideration in my determination of this appeal. Conclusion 8. There are no material considerations to lead me to determine this appeal otherwise than in accordance with the development plan. Accordingly, the appeal fails.

Page 2 · Chunk 3 M Chalk

Brackenlee, Woodcote Side, Epsom, SURREY, KT18 7HJ — Epsom and Ewell Borough Council — M Chalk INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Character and appearance
Against appellant
¶3

The proposed building would be a large outbuilding located at the foot of the garden, which would be uncharacteristic in the surrounding area and a prominent presence when seen from neighbouring properties.

Character and appearance
Against appellant
¶4

The proposed outbuilding would be more than 6 metres to the ridge, whereas outbuildings within 2 metres of the curtilage are restricted to no more than 2.5 metres in height.

Character and appearance
Against appellant
¶5

The proposed development would allow the appellant to provide improved accommodation for their family, but this would be a private benefit and would not outweigh the harm that would arise from the uncharacteristic scale of the development.

Other
Neutral
¶7

The appellant's concerns about the Council's handling of the planning application fell outside of the inspector's authority and were not a consideration in the determination of the appeal.

Policies relied on

Reference Weight
Policy CS 5 of the Core Strategy 2007 and Policies DM9 and DM10 of the Development Management Policies Document 2015
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 2 February 2023 under the Open Government Licence.