Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — by K Townend BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 31 March 2025

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — Tollgate Cottage, Dunstall Hill, Dunstall, Staffordshire DE13 8BE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) 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 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Joe Dunn against East Staffordshire Borough Council. • The application Ref is P/2024/00591. • The application sought planning permission for erection of a part two storey and single storey rear extension, single storey side extension and relocation of air source heat pump without complying with a condition attached to planning permission Ref P/2023/00423, dated 22 May 2024. • The condition in dispute is No 4 which states that: “Notwithstanding the provisions of Class E of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Order revoking and re-enacting that Order, no buildings or structures shall be erected within the curtilage of the dwelling unless planning permission has first been granted by the Local Planning Authority”.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — Tollgate Cottage, Dunstall Hill, Dunstall, Staffordshire DE13 8BE • The reason given for the condition is: “To safeguard the character and appearance of this non- designated heritage asset and its surroundings in accordance with East Staffordshire Local Plan Policies SP24, DP3 and DP6, the East Staffordshire Design Guide and the National Planning Policy Framework”.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- https://www.gov.uk/planning-inspectorate

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- https://www.gov.uk/planning-inspectorate Appeal Decision APP/B3410/W/24/3351324 GP-2001 Revision C Proposed Roof Plan scaled at 1:100 dated as received on 7 May 2024, LA-GS-0001 Revision E Proposed Site Plan scaled at 1:200 dated as received on 7 May 2024, Vaillant Technical Information (Air to Water Heat Pump) dated as received on 24 April 2024. • All external materials used in the development shall match those of the existing building including colour, size, coursing, and texture. Background and Main Issue 2. Planning permission reference P/2023/0423, for erection of a part two storey and single storey rear extension, single storey side extension and relocation of air source heat pump included a condition removing permitted development rights for outbuildings and structures within the curtilage of the dwelling. The appellant asserts that the removal of Class E permitted development rights within the condition is not justified, reasonable or necessary. 3. The appeal is submitted against the failure of the Council to determine the planning application within the statutory timescale.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- The Council has advised that they consider the condition is reasonable and necessary to prevent over- development of the site, to protect the character of the host dwelling, which the Council has identified as a non-designated heritage asset (NDHA), and to protect the visual amenity of the area. I have had regard to this as far as it provides clarity on the Council’s view on the appeal scheme. 4. Taking the above into account the main issue is, therefore, whether the condition is reasonable and necessary in the interests of the character and appearance of the existing dwelling and the character and appearance of the area. Reasons 5. The appeal property is a detached, two-storey, dwelling. The garden associated with the dwelling sits to its side and rear and slopes up away from the road. It is a large garden for the size of the dwelling. There is an existing double garage with a first floor, access driveway and parking area. 6. The dwelling is prominent and highly visible in the street scene due to its position on the edge of the highway, at the point where the road curves and is the first property in this group of houses.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- The appeal property is also the only one in the group to be sited against the highway, all others are set back. Opposite the site, to the rear and beyond the garage are open fields. 7. The existing garage is also prominent due to its elevated position at the top of the garden, the views available through the access to the site and the overall massing of the building. The upper part of the garden is also visible from the road. However, the area closest to the road is screened from views by the well- established roadside hedge and the house itself. 8. The Council has identified the host dwelling as a NDHA due to its age and the appellant does not directly dispute this. From the evidence before me and my own observations, the significance of Tollgate Cottage stems from its position on the road and its age. I, therefore, find that the dwelling has local heritage significance and makes a positive contribution to the character and appearance of the area. https://www.gov.uk/planning-inspectorate 2

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- Appeal Decision APP/B3410/W/24/3351324 9. Planning permission was granted in May 2024 for extensions and alterations to the dwelling with a condition removing permitted development rights for the erection of buildings, enclosures, etc within the curtilage of the dwelling as detailed in Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the Order). 10. Even if the host dwelling is a NDHA this would not necessarily justify removal of permitted development rights for outbuildings. The removal of the permitted development rights for the property is a blanket removal of freedoms to carry out small-scale outbuildings, as is resisted by the advice in the Planning Practice Guidance (PPG). In weighing applications that directly or indirectly affect non- designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. 11. The Order limits the size of outbuildings permitted within the curtilage of the dwellings and also requires any such buildings to be incidental to the enjoyment of the dwelling house.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- The order would not permit the erection of outbuildings that are not for such uses. Consequently, the order limits the extent of outbuildings which could be erected under permitted development rights. 12. The extensions and alterations approved to the host dwelling were to the side and rear and, as amended, were accepted by the Council as having a neutral effect on the NDHA. The extensions would increase the size of the dwelling. The construction of outbuildings within the garden would have the potential to be visible from the highway and within the setting of the NDHA. Nevertheless, the host dwelling has a large garden area and the construction of outbuildings, under Class E permitted development rights, would be in keeping with the other outbuildings in the garden, would be within the garden of the host dwelling and behind the roadside hedge. 13. Any such buildings would be ancillary and incidental to the host dwelling and would, therefore, not adversely affect the prominence or architectural appearance of the NDHA. Moreover, they would be unlikely to significantly harm the visual amenity of the area or the setting of the NDHA due to existing boundary hedges, fences, and the existing garage.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- Consequently, any outbuildings constructed under Class E would not affect the significance of the NDHA. 14. Such outbuildings would be capable of contributing positively to the area, respecting the NDHA and not be harmful to the character and amenity of the area as required by Policy SP24 of the East Staffordshire Borough Council Local Plan 2012-2031 (the LP). I have no compelling evidence that the outbuildings would not be appropriately, and modestly, designed and sited so as to comply with Policy DP3 of the LP and the outbuildings would not result in the loss of the NDHA, which is resisted by Policy DP6 of the LP. 15. I am mindful that condition No 4 is precisely defined with reference to the relevant provisions of the order. Moreover, it would not prevent the appellant (or a future owner) from applying for planning permission for outbuildings. Nevertheless, based on the evidence before me, and having regard to the National Planning Policy Framework and the PPG, in this circumstance I am not persuaded that the removal of the specified permitted development rights is reasonable or necessary.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- For the above reasons, the disputed condition is neither reasonable nor necessary in the interests of the character and appearance of the existing dwelling and the https://www.gov.uk/planning-inspectorate 3

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- For the above reasons, the disputed condition is neither reasonable nor necessary in the interests of the character and appearance of the existing dwelling and the https://www.gov.uk/planning-inspectorate 3

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- Appeal Decision APP/B3410/W/24/3351324 character and appearance of the area. I, therefore, find no conflict with the requirements of Policies SP24, DP3 and DP6 of the LP. Other matters 16. Both main parties have also drawn my attention to a recent application for a lawful development certificate for three outbuildings which the Council refused. Although the Council now suggest that these buildings would have affected the views of the dwelling this did not form part of the reasons for refusal. Moreover, that scheme is not before me to consider and is not determinative in this appeal. Conditions 17. The guidance in the PPG makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. 18. From the evidence before me and my site visit the extensions and alterations to the dwelling, approved under the previous planning permission, have not been commenced. The PPG states that a grant of planning permission under section 73 of the Act should not extend the time period for implementation.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — E Proposed Level 01 scaled at 1:100 dated as received on 7 May 2024, LA- Therefore, I shall vary the standard time condition in order to ensure the commencement of development is three years from the date the original permission was granted. 19. A condition specifying the plans that are approved, and that the development shall be undertaken in accordance with them is required in the interests of certainty. To protect the character and appearance of the area, it is also necessary to impose a condition requiring details of the external surfaces of the extensions to the dwelling to match the existing. However, I have removed the tailpiece from the condition as this added uncertainty. Conclusion 20. For the reasons given above I conclude that the appeal should succeed, and the planning permission should be varied by deleting the disputed condition.

Tollgate Cottage, Dunstall, BURTON-ON-TRENT, DE13 8BE — East Staffordshire Borough Council — K Townend INSPECTOR https://www.gov.uk/planning-inspectorate 4