Appeal 3342571

The appeal is allowed, and planning permission is granted for a detached double garage at [site address] in accordance with the terms of the application, 23/02551/HOU, dated 20 November 2023 and the plans submitted with it, subject to the conditions: -

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

The development hereby permitted shall be carried out in accordance with the following approved submitted plans:- Location Plan GP/01/21 Existing Block Plan and [name]/02/21 Proposed Block Plan GP/03/21 Proposed floor plan, elevation and cross sections

No development shall commence until details / samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details / samples.

No development or preparatory work shall take place until a scheme for the protection of the trees and hedges in accordance with the Tree Location & Protection Plan (Appendix b to the Tree Survey and Arboricultural Impact Assessment prepared by [name]) has been implemented. The fencing shall be maintained during construction and all works shall accord with paragraphs 5.5 and 6.1 of [name] 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent [name] if replaced).

The main issue is the effect of the development on the character and appearance of the area, including the Crondall Conservation Area.

Crondall Conservation Area comprises much of the village with a layout of narrow streets lined with many historic buildings and vegetation which contribute to its character. This includes [address] where the grain of the residential properties becomes looser away from the village centre and the boundary treatments more informal. [site address] is a detached property set back from the road which was built in the 2000s. It is identified within the Crondall Conservation Area Appraisal, December 2023 (CCAA) as a modern property which does not contribute to the character of the Conservation Area. The front boundary of a low brick wall and hedging reflects the form and enclosure along this part of the street and restricts views of the property. Notwithstanding this, there are also properties within the vicinity which have forward projections or structures close to the road.

The proposed oak frame garage would be sited in a forward position to the side of the access driveway which is shared with its neighbour. The ground level within the site is elevated from the road, effectively aligning with the top of the boundary wall. However, fencing and hedging above, which continues along the side boundary, screen the space and extend up to a height of approximately 3- 3.5m. Whilst the height of the hedging is not fixed it is a well-established feature and the CCAA advises that front boundary treatments are covered by an Article 4 Direction.

The garage would have an asymmetrical form with the eaves to the northeastern elevation (to the road) at a height of less than 2m and the ridgeline would be positioned some distance back. It is also proposed to slightly lower the existing ground level. As directed by the appellant, and seen on my site visit, there are other garages nearby in a similar location including at The Neuk, opposite, and the garage to [address] is immediately adjacent to the road. As such, I do not find that the siting is out of keeping and subject to the use of appropriate materials any glimpses of the structure over the boundary would not be overly incongruous or conspicuous in the street scene.

Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires special attention to be given to the desirability of preserving or enhancing the character or appearance of a conservation area. Having regard to the significance of the Conservation Area, which includes the rural character created by the enclosure and greenery of the streets, I find that the character would be preserved.

There are several listed buildings along [address], including the neighbouring property to the north, [address]. The Council have not raised any concerns with regard to their setting and given the scale and type of the development and the intervening vegetation, I have no reason to disagree.

Overall, I do not find the garage would be a discordant feature due to its location and the character and appearance of the area would be maintained. Therefore, the proposal accords with policies NBE8 and NBE9 of the Hart Local Plan (Strategy and Sites) 2032 and saved policy GEN1 of the Hart Local Plan 2006, which amongst other things, promotes high-quality design, development that reflects its surroundings, respects the local landscape and conserves heritage assets. It would also reflect the similar provisions of Policies 3 and 7 of the Crondall Neighbourhood Plan which promote good design and the conservation of the Conservation Area appropriate to its significance.

In line with the statutory requirements conditions are required relating to the commencement of development and the plans in order to provide certainty.

In the interests of the character and appearance of the area and the conservation area setting I have imposed conditions requiring the materials to be approved and to ensure the protection of the trees and hedges during construction. Given the nature of these requirements, they have to be pre-commencement and the appellant has confirmed their agreement to these

The Council has proposed a condition restricting the structure to an ancillary use and to prevent independent occupation. As a householder proposal, the development is for purposes related to the residential property. The building is also designed for its function as a garage and is to be sited in front of the house; therefore, I do not consider the condition necessary.

For the reasons set out and having regard to all other matters raised the appeal is allowed.