Appeal 3288864
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
6 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
to demolish existing detached garage and erect new detached garage with mezzanine level gym.
Section 02
Decision
The appeal is dismissed.
Section 03
[name]
The main issues are the effect of the proposal on the character and appearance of the area, and upon the living conditions of neighbouring occupiers at [address] with particular regard to visual impact.
Section 04
Character and Appearance
The appeal property is a large, detached house occupying a prominent corner location on a broadly ‘wedge-shaped’ site at a five-way road intersection and within a largely residential area. Despite the fairly imposing scale of the property, the rear garden is reasonably modest in size and is tightly enclosed by surrounding development. No [address] is a dwelling of similar size and age to the appeal property. It is built with its attached double garage to the front, and with living space within its roof, abutting part of the western boundary of the appeal site. To the north, the side flank wall of a single-storey garage attached to the side of No [address] is built abutting part of the site’s northern boundary. There is an existing, detached garage nestled in the north-west corner of the rear garden to the appeal property. This is set approximately 0.8m away from the boundary and part of the dwelling at No 140, and adjoins the northern boundary, spanning virtually the depth of the rear garden to No 57. The garage has a hipped end roof with an ornamental gablet at the ridge level to the front and rear. It has a small side projection to the rear that runs along the boundary with No 57 with a double pitched roof over and gable end, which is integrated with the building’s main roof.
The proposal would see the existing garage replaced with a garage/store building in a similar position but with a wider footprint, extending up to the boundary with No 140 to the west and aligning its east elevation with the existing building’s modest side projection. As a result of its increased footprint and proposed first floor mezzanine gymnasium space, the roof configuration would differ from the existing with a hip at the rear, a gable to the front, and a more subservient gable to the side projecting east. The ridge height of the existing building would increase by around 0.5m.
Given the size and scale of Nos 138 and 140, and their relative proximity to each other, the visual associations between the amalgam of buildings is rather unusual. They do not enjoy a particularly spacious setting. Nevertheless, when seen in context along [address], there is a pleasing and unifying harmony to their existing arrangement and hierarchy. The dwellings both display prominent gable features but there are gradual and incremental changes to the scale of the buildings on both plots as they merge closer with each other. There is also an important unity to the architecture, not only through the use of matching materials but also in style which is typified by the roof forms and series of gablets that match across the two sites where the buildings sit near to each other. This is all key to making the unusually close relationship between Nos 138 and 140 work, without the area appearing cramped or overdeveloped. The existing garage strikes me as a well-considered component part of the scene that is clearly observed but as a subservient structure and which blends into the context of its surroundings.
The replacement building would be finished with materials that would match the existing and those on the parent dwelling. I recognise also that the use of contemporary glazing to the apex of the front facing gable and to the gable wall facing east would resemble the prominent two-storey gable to the front of the dwelling. However, in my assessment this would not positively reflect the nature or purpose of the proposed building as being an ancillary, residential outbuilding in a garden setting. Neither would it reflect the context within which the building would stand.
The increased ridge height would not, in itself, be excessive. However, the size and form of the new building’s front elevation would change dramatically from the existing. Although it would clearly not be the most dominant structure in the group, the building would be seen as prominent and out of scale within its garden setting. It would compete with the scale of the residence at No 140 where the two buildings adjoin, and would disrupt the existing hierarchy and complementary architectural composition of the surrounding buildings. In this context I find that it would appear incongruous and out of keeping. This would be detrimental to the character and appearance of the area and as such I find that it would conflict with Policies KP2 and CP4 of the [name] 2007 (CS) and Policies DM1 and DM3 of the Council’s Development Management Document 2015 (DMD) insofar as they all seek to ensure new development respects and maintains the character of an area by responding positively to local context. In this regard there would also be conflict with the 2 National Planning Policy Framework’s (the Framework) objectives for achieving well-designed places. Living Conditions at [address]
The existing building adjoins and spans approximately the length of the side boundary to the rear garden of No 57. The roof pitches steeply away from the boundary. The replacement building would do little to alter this relationship.
The existing arrangement of buildings surrounding the rear garden of No 57 already sets the context for its level of enclosure. Although the ridge height of the proposed building compared with the existing would be taller, the roof would pitch away from No 57 at a similar angle and the increased height would be sufficiently distant from the boundary so as not to have any significant impact in terms of visual prominence or intrusion. I am not persuaded that there would be any increased sense of enclosure or loss of outlook to the rear of No 57. As such, I find no conflict with the aims or objectives of the Council’s Design and [name] 2009. Neither do I find conflict with [name] KP2 and CP4 or [name] DM1 and DM3 insofar as any of these seek to safeguard the living conditions and amenity of existing and future neighbouring residents. For these same reasons there would be no conflict with the Framework as it relates to this particular matter.
Section 05
Other Matters
I have noted concerns expressed about the potential impact upon the property at [address]. There is no substantive evidence to support an assertion that the proposed building would significantly affect light penetrating the two first floor windows to the elevation at No 140 facing the appeal site. Although the ridge height of the building would increase above the height of the existing, it would also shift slightly further away from the shared common boundary. Matters that might arise relating to the party wall between these properties are not directly relevant to the planning merits of the case.
Section 06
Conclusions
Notwithstanding my findings as they relate to the effect of the proposal on the living conditions at [address], I find that the proposed garage with a mezzanine level gym, due to its size, siting, and appearance, would be harmful to the character and appearance of the area. Accordingly, and having regard to all other matters raised, the appeal is dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 286No official casework-database value to compare
- Extracted decision date · page 1
- 31 March 2022Matches the official casework database
- Extracted site visit dates
- 17 March 2022 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3288864
- Application reference
- 21/01604/FULH
- Lead case reference
- Not recorded
- Planning authority
- Southend-on-Sea City Council
- Planning authority code
- E06000033
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 1. Refused planning permission
- Appeal reason
- Refusal
- Type detail
- Planning Appeals - Full
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- Not recorded
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 10 December 2021
- Valid date
- 10 December 2021
- Start date
- 23 December 2021
- Planning authority decision date
- 20 September 2021
- Appeal decision date
- 31 March 2022
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 13285
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:26
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21