Appeal 3295939

The appeal is allowed and planning permission is granted for the erection of a detached double garage at [site address] in accordance with the terms of the application, [name]/YR22/0303/F, dated 24 September 2021, and the plans submitted with it, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The proposal will be carried out in accordance with the following approved plans: 19031/PL06A; 19031/PL05; and in the materials appearing thereon.

The development hereby approved shall not commence until there shall has been submitted to and approved in writing by the local planning authority a scheme of hard and soft landscaping. Notwithstanding any recent planting, the scheme shall include, but not be limited to, substantial perimeter hedging and identify existing planting to be retained and what is to be newly planted.

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first use of the garage hereby approved; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

The main issue is the effect of the proposal on the character and appearance of the area.

The appeal seeks permission to erect a garage within the extensive forecourt of a recently-built detached dwelling of contemporary design was granted by the Council in 20191 at the end of a row of three very similar dwellings albeit with varied garaging arrangements. The appellant seeks to vary the approved arrangement such that garaging is provided not at the extreme rear of the dwelling plot as originally intended, but with direct access from the end of the service road on an area which is shown on the 2019 approved drawings as laid to grass and enclosed by hedging.

The development lies on the northern side of [address] where it emerges from the rural settlement of Coates extending into the flat agricultural land surrounding the settlement. The 2019 approval2 was subject to a number of conditions including the implementation of landscaping proposals and removal of permitted development rights. The Council have pointed to a failure to complete the landscaping scheme and that, as a result, the proposal would appear incongruous in the street scene3. The appellant indicated this is because the landscaping scheme would change if permission for the different garage is granted.

From my observations the positioning of the garage in the proposed location would not of itself significantly affect the character and appearance of the area in the longer approach views from the east of Coates. This is due to the backdrop of development on the south side of [address] and west of the appeal site. However, the absence of substantial enclosing hedges along the road frontage creates an undesirable openness of the frontages to [address]. This absence of visible definition between residential users and highway land contrasts with the well-defined pattern of development found in other parts of the village and the proposal would add to that experience of incongruity. However, a well-implemented landscaping scheme including substantial perimeter hedging could make the proposal acceptable in planning terms by enclosing the current unstructured open frontage to the appeal site and visually defining the highway.

Overall, if the development were to incorporate such suitable substantial enclosing hedge this would, on balance, be sufficient to meet the objectives of Policy LP16(d) of the Fenland Local Plan which seeks development should respond to and improve the character of the locality. Therefore, taking all other matters raised into account, the development would accord with the development plan as a whole. Enforceable conditions are key to such an outcome and for that reason in addition to the usual time limit and what is needed to ensure the proposal is built as proposed, conditions requiring the implementation of suitable landscaping are necessary. On that basis and for the reasons stated, the appeal succeeds.