Appeal 3356871

The appeal is allowed, and planning permission is granted for the erection of a timber frame solar PV carport at [site address] , [site address] , Clanfield, Brampton, Oxfordshire, [postcode] in accordance with the terms of the application, Ref 24/01342/HHD, subject to the conditions set out in the accompanying Schedule.

This is the effect of the proposal on the character and appearance of its surroundings area and on the setting of The Old Bakery, a listed building ([name]).

The appeal property, [site address] (formerly [address]) is a detached and much altered detached dwelling. It sits comfortably in its plot alongside a stream running north to south alongside [site address] . To the south of the house is a lawn, enclosed by timber fencing, which also separates the property from a public footpath running alongside the stream. The fence effectively curtails clear views into the appeal site from the footpath.

Virtually on the property’s southern boundary stands part of the [name]. Whilst the appeal property’s lawn is in separate ownership, it clearly forms part of the [name] setting. The relationship between the appellant’s lawn and the listed building is more clearly appreciated when I visited in winter when defoliation was complete, and parts of the listed building can clearly be seen from viewpoints in [site address] . However, as the submitted photographs illustrate, those views are curtailed for much of the year, by the foliage of what appears to be luxuriant vegetation growing on the stream’s banks.

I saw two cars parked in the open within the appeal property’s curtilage, at the front of the house. The intention is to park these within an open carport which would be sited on the lawn, set apart from the house and in front of the continuation of its building line. I share the appellant’s view that, apart from the roof treatment, this would have a rustic and open appearance. Given these intrinsic qualities, I do not consider that the structure would materially affect or harm the setting of the listed building particularly taking into account the existence of far more solid buildings within close proximity of The Old Bakery, including one permitted1 recently by the Council immediately to the east of the appeal site. The existing fence on the western boundary of the site is to be retained and would effectively screen most of the structure from the footpath, access point apart.

The appellant intends to charge his vehicles in the car port using energy generated by or collected from the sun. The southern facing roof would not share the appearance of the remainder of the structure on account of the materials to be used. An illustration of its appearance has been provided in a photograph as part of the appeal documentation. I share the appellant’s view that the embedding of the solar panels within the roof’s structure in a unified manner, gives rise to a more conventional appearance than free standing solar panels. Given the limited roof area involved, I do not consider that the roof treatment proposed would lead to harm either to the wider scene or to the setting of the [name]. A benefit, albeit modest, would also arise in that power would be generated off grid.

I therefore conclude taking that the proposed development would not harm the character and appearance of its surroundings or the setting of The Old Bakery. Thus, no material conflict would arise with those provisions of policies OS2; OS4; EH9 and EH11 of the West Oxfordshire Local Plan (LP), directed to ensuring that development is of a high quality design, appropriately located, being of a proportionate scale to its context and respecting the setting of one of the locality’s

The Council has suggested the imposition of conditions in the event of planning permission being granted.

It is necessary that the development is carried out in accordance with the approved plans, and a condition to this effect is therefore imposed in the interests of certainty.

In view of the relative paucity of information provided in the original application, a condition in respect of materials is imposed in the interests of visual amenity.

I consider an additional condition to be necessary in the interests of certainty and visual amenity in respect of the retention of the fence next to the footpath.

All other matters raised have been considered and taken into account, including the representations submitted by local residents, and I share the officer assessment, for the same reasons, that the development would have no material impact on neighbouring living conditions or give rise to flooding concerns.

I have also taken into account the references to the National Planning Policy Framework. Reference has been made to other LP policies, but I consider those to which I have referred to be the most relevant having regard to the facts of the case. 1 Ref 20/01213/[name] 24 August 2020 No other matter is of such strength or significance as to outweigh those considerations that led to my conclusions.

Accordingly, the appeal is allowed, subject to 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 plans: the unreferenced location and site plans and plan [name]/2403 drawing No. 01.

The above ground elements of the car port hereby permitted, including its roof, shall be built in materials previously approved in writing by the local planning authority. Once built, the approved materials shall not be altered or replaced without the prior written consent of the local planning authority.

The existing fence on the western boundary of the site adjacent to the public footpath shall be retained and shall not be replaced or removed without the written consent of the local planning authority.