Appeal 3362244

The appeal is allowed and planning permission is granted for taking down of two existing dilapidated garage buildings and erection of two new steel framed garage buildings at [site address] , [address] from B4000 to [address], [site address] , Newbury, [name] [postcode] in accordance with the terms of the application Ref 24/00399/HOUSE, subject to the following conditions:

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

The development hereby permitted shall be carried out in accordance with drawing nos 01, 02-A.

The outbuildings hereby permitted shall not be occupied at any time other than for purposes ancillary and/or incidental to the residential use of the dwelling known as [site address] .

All the ecological enhancement recommendations in the Preliminary Roost Assessment (November 2024, John Wenman Ecological Consultancy LLP) shall be implemented in full prior to first use. The following enhancements should be evidenced by means of photographs of the features in-situ submitted to the local planning authority within 3 months of installation. 1 x Bat box included in the new building or installed on a suitable tree on site. 2 x Bird nest box installed on a suitable tree on site or affixed to the new building.

An application for costs was made by the appellant against the Local Planning Authority. This application is the subject of a separate decision.

The effect of the proposed development on the living conditions of the occupiers of the host dwelling and the adjacent dwelling 140 [site address] (No 140) with specific regard to outlook.

[site address] comprises a residential property with two substantial outbuildings and hardstanding in the rear garden. The outbuildings are clad with timber boarded walls and black corrugated sheet roofs. The smaller outbuilding effectively straddles the side garden boundary aside the neighbouring property No.140. The larger one runs parallel to and above the dwelling at [site address] .

No 140 has no windows with a direct view of the proposed outbuilding which would form part of the side boundary between No 140 and [site address] with an access path separating the two. The main amenity space for No 140 is either to the front or rear of the property and the space to the side is only used for access. The lack of windows from No 140 facing onto the proposed outbuilding, its appearance, bulk and mass being similar to the existing and the mature screening within the garden of No 140 would prevent the proposal appearing overbearing or having a detrimental impact on the living conditions of the occupiers of No 140.

The other proposed replacement outbuilding would have higher eaves than the existing, but the separation distance between the host dwelling and the new outbuilding would ensure the proposal would not appear overbearing to the occupiers of the house.

In conclusion, the proposed development would have an acceptable effect on the living conditions of the occupiers of the host dwelling and the neighbouring property No 140 with specific regard to outlook. The proposal would not conflict with the National Planning Policy Framework or Policy CS14 of the [name] 2006-2026 insofar as it seeks to make a positive contribution to the quality of life of residents in [name].

The appeal site is in the North Wessex Downs National Landscape. The Levelling-up and Regeneration Act 2023 requires relevant authorities to ‘seek to further’ the statutory purposes of [name] which are to conserve and enhance the natural beauty of the National Landscape. Due to the design and materials of the proposal being consistent with a rural location and the siting of the outbuildings behind the host dwelling, away from the road and public view, the proposal would align with the statutory purposes.

In the interest of certainty, conditions relating to time limits and plans are necessary to be imposed. To control the use of the outbuildings in the countryside location conditions relating to ancillary and/or incidental use need to be imposed. A condition relating to ecological enhancements is necessary to ensure the requested enhancements are made on the site in the interests of ecology. Given that the site is so well hidden and the walling materials are annotated on the plans, it is not necessary to impose a condition in relation to the finished materials of the buildings.

For the reasons given above the appeal should be allowed.