Appeal 3273458

The appeal is allowed and planning permission is granted for a proposed two storey annexe at [site address] , in accordance with the terms of the application, Ref 21/00288/FUL, dated 11 January 2021, subject to the following conditions:

The development hereby permitted shall be begun before the expiration of three years from the date of this decision.

The development hereby approved shall in all respects accord strictly with drawing numbers: 20/732/E002 [name], 20/732/P001 Proposed Block Plan, 20/732/P002 [name], 20/732/P112 [name], 20/732/P110 [name], 20/732/P112 [name] and 20/732/P200 [name] received by the Local Planning Authority on 12 January 2021.

The annexe hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the main dwelling known as [site address] , [address], [site address] , [postcode] and it shall remain within the same planning unit as the main dwelling.

No works above damp proof course ground floor level of the development hereby permitted shall commence until details of the external materials for the annexe that shall include details and sample panels of the tiles and external brickwork, materials to be used for the windows, doors including the shutters, flue and rainwater goods have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

A revised National Planning Policy Framework (the Framework) was published on 20 July 2021. However, as the paragraph contents which are relevant to this appeal are unaltered, it has not been necessary to seek the views of the parties on this matter.

The main issue in this appeal is the effect of the proposed development on the character and appearance of the surrounding area, having particular regard to the location of the site within the [name] and West Wiltshire Downs Area of Outstanding Natural Beauty (the AONB).

The appeal site comprises a substantial detached dwelling with associated outbuilding. By reason of the surrounding predominately open agricultural landscape, high hedges, narrow lanes and scatter of dwellings and agricultural holdings, the surrounding area has an intrinsically rural feel such that the appeal site is located within the open countryside for planning purposes. As noted above, the site is located within the AONB.

Planning history for the site confirms that planning permission, subject to conditions, for a two storey annex at the site was granted by the Council in December 20201 (the [name]). The Extant Permission is a fall-back position to which I attach significant weight.

The evidence before me indicates that the appeal scheme would occupy the same footprint as the building under the [name], with no increase in overall height. The appeal scheme, however, seeks to replace a number of rooflights permitted under the [name], with dormer windows to the front and rear of the appeal building.

Saved Policy H31 of the Salisbury District Council Local Plan (2003) (the Local Plan) concerns extensions and confirms that such extensions will be permitted provided that the extension, amongst other matters, would not create or be capable of creating a separate dwelling. In this regard, it is noted that the internal arrangements for the appeal scheme would be no different to that included within the [name], and whilst the inclusion of dormers would increase the overall bulk of the building to a very limited degree, I find that the proposed dormers would not alter the character or appearance of the building such that it would now appear as a separate dwelling when compared to the position under the [name].

The appeal proposal would remain subservient in size and scale to the host dwelling without altering the host dwelling’s character. Furthermore, the proposed inclusion of dormers would be complimentary to the design of the host dwelling which also exhibits a number of modestly sized dormers. The character and subservient nature of the appeal proposal would reflect that as permitted under the [name] and, consequently, I find that the proposed development would comply with the requirements of Saved Policy H31 of the Local Plan.

Furthermore, given the above conclusion and by reason of the position with regards to the fall-back under the [name] subject to similar conditions regarding restriction of occupancy, I find that the appeal scheme would comply with the provisions of Saved Policy H33 of the Local Plan which 1 Local Planning Authority Reference: 20/08807/FUL concerns the creation of separate units of accommodation for dependent persons through the conversion of an existing building.

As noted above, the site is located within the countryside and situated within the AONB. The AONB represents an area of high scenic quality, and the primary purpose of the AONB designation is to conserve and enhance the natural beauty of the area. The Framework provides that “great weight should be given to conserving landscape and scenic beauty of....Areas of Outstanding Natural Beauty...”.

[name] 51 and 57 of the [name] (2015) (the [name]) requires that development be of a high standard of design and which protects, conserves and where possible enhances landscape character and scenic beauty. Policy C24 of the Local Plan concerns extensions to buildings in the countryside and provides that such extensions will be permitted if they are sympathetic in scale and character with the existing building and surroundings.

As noted above, the appeal proposal would predominately replicate the position as provided under the [name]. The appeal scheme would remain subservient to the host dwelling in scale, character and appearance, with the inclusion of dormers replicating the position as exhibited by the host dwelling. Consequently, the proposed dormers would not look out of place in the context of the site and its surroundings nor would be, in my view, visually discordant or dominant.

Given that the proposal would more closely replicate the design features of the host building and would, with the inclusion of the proposed dormers, remain subservient in terms of scale, character and appearance to the host dwelling, I am satisfied that the area’s landscape character and the landscape and scenic beauty of the AONB would not be harmed by the appeal proposal.

For the above reasons, the appeal proposal would comply with [name] H31 and H33 of the Local Plan. Furthermore, I conclude that the scheme would not have a harmful effect on the character and appearance of the surrounding area, nor would be harmful to the landscape and scenic beauty of the AONB and would accord with the provisions of [name] 51 and 57 of the [name] and would not conflict with Policy C24 of the Local Plan.

I have had regard to the planning conditions suggested by the Council. Other than the standard time limit condition, it is also necessary to ensure that the development is carried out in accordance with the approved plans for the reason of certainty. It is necessary and reasonable to include a restriction that the appeal building be used as ancillary accommodation for the host dwelling and, in the interest of protecting the character and appearance of the surrounding area, it is also reasonable to require that details of external materials be approved by the Council prior to construction above damp proof course level.

For the reasons given above I conclude that the appeal should be allowed. Mr [planning inspector] INSPECTOR