Appeal 3366047

The appeal is allowed and planning permission is granted for a car-port at [site address] , [site address] , Essex [postcode] in accordance with the terms of the application, Ref 25/00229/FULHH, subject to the following 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 plan: 01.

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those in the existing buildings.

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

The appeal dwelling is a two storey detached house with additional living space in the loft. It is located at the junction of [address] with [address]. The dwelling fronts onto [address], and there is a detached garage to the flank side that faces towards [address]. Between the garage and the boundary fence with [address] is an open area of the front garden with hard standing for parking. It is this area that is the proposed location of the carport.

The appeal dwelling is located at the centre of [site address] and there is a small triangular green with trees opposite on [address] where it bifurcates and joins with [address], which reads as a continuation of [address]. The green opposite combines with the churchyard and open parking area of the Church of [name] on the other side of [address], to form a spacious and verdant centre to [site address] , which is surrounded by other close set properties with relatively shallow front gardens that provide a defined enclosure to this open area.

In height, footprint and scale the proposed car-port would approximately mirror that of the existing garage on the appeal site. The proposal would be constructed in materials and with a tile roof to match the existing garage, albeit with an open front, but with the rear and flanks in a magnolia coloured cladding to match with the garage and the appeal dwelling. The flank side nearest to [address] would be set back from the side boundary fence with that street by approximately 1.8 metres. This separating distance to the boundary narrows slightly at the curve of the junction of [address] with [address]. This set back would result in the flank of the proposal aligning with the boundary wall of the neighbouring property on [address], which is set back from the street at this point.

From my site visit it is evident that what appears to be a laurel hedge has been planted close to the inside face of the timber boundary fence of the appeal dwelling with Holland road. This is of a height that it already stands above the timber fence. Given the single storey and open nature of the proposed timber car-port, the set back of the proposal from [address] and the recently planted laurel hedge, I am satisfied that the proposal would not represent an obtrusive addition to the appeal site and would not constitute a bold and stark addition that would be highly prominent in the street scene.

[name] find that due to its scale, materials and positioning on the appeal site, the proposal would appear in street views as a secondary and subordinate addition, which would read as part of the enclosing properties that define the boundary with the open area at the centre of [site address] . As such, I find that the proposal would be a complementary addition to the local street scene and would not result in any significant detrimental effect on the open character or appearance of the local area .

The proposal would be seen, albeit obliquely, in conjunction with two listed buildings: The Grade II* listed Church of [name] and the [name] listed Westbourne cottage. Both of which are some distance from the proposal on the opposite side of [address]. The Council officer’s report states that the council found that the proposal has no significant effect on the setting of these listed buildings. However, under section 66(1) of the Planning and Listed Buildings and Conservation Areas Act 1990, I have a responsibility in considering whether to grant planning permission for development which affects a listed building or its setting, to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Given the scale of the proposal, the set back from the street and the laurel hedge and the oblique views and distances to these two listed buildings, I see no reason to demur from the Council’s conclusion in this regard.

For the reasons given above, the proposal would not result in any significant harm to the character and appearance of the immediate or wider local area. This would accord with Policy SPL7 of the Tendring District Local Plan 2013 -2033 Section 1 (2021) and Policy SPL3 of the Tendring District Local Plan 2013 -2033 Section 2 (2022). Collectively these seek development that are of a high standard of urban and architectural design, which relate well to its site and surroundings, responding positively to local character and context and that maintains local distinctiveness.

Along with the standard condition relating to the timing of implementation, I have attached conditions to ensure design quality that require compliance with the approved drawing and materials that match existing.

For the reasons given, the appeal is allowed.