Appeal 3368420

The appeal is allowed and planning permission is granted for the demolition of an existing timber summer house and the construction of an oak framed 2-bay garage with upper floor at [site address] , [site address] Hampshire [postcode] in accordance with the terms of the application, Ref 25/00422FULL, and the plans submitted with it subject to the conditions in the attached schedule.

The main issue is the effect of the proposed development on the character and appearance of the host dwelling and the surrounding area which includes the Forest South East Conservation Area (CA) and the New Forest National Park (NFNP).

Homestead is an attractive two storey thatched cottage with a single storey tiled extension. It is not listed, however, the Council consider it to be a non-designated

The surrounding area is characterised by a mix of detached properties of varying ages, architectural styles, and materials. Homes range from single-storey to two-storey buildings, often accompanied by garages and assorted outbuildings. This built form is complemented by a distinctly verdant setting, where mature trees and dense hedgerows create natural boundaries and a sense of enclosure. The greenery provides a striking contrast to the more open and exposed landscape opposite the appeal site.

Within the Forest South East Conservation Area [name], the site is in the [site address] to East End Character Area. Characteristics of this area include the linear pattern of development along the medieval boundary of [address], with development formed between the road and the manorial bank. Notable features include cob cottages with thatched roofs and gable ends oriented towards the road. I find that the significance of the CA is therefore formed by the layout of development, the traditional buildings and architecture, and the relationship with the forest.

[address] is identified as being a non-designated heritage asset, with its significance stemming from its age and use of traditional materials including cob and thatch.

Policy DP37 of the New Forest National Park Local Plan 2016-2036 (NFLP) requires outbuildings to be proportionate and clearly subservient to the dwelling they serve. The footprint of the proposed building would be smaller than the house. The height of the roof is also lower. The building would present as a double garage with a lower covered area to one side. Although there is a first floor, the height of the building is not excessive.

The building would remain subservient to [address], with its setback from the road and the intervening vegetation further reducing its visual impact. Within the local context, where building heights and the scale of outbuildings vary, the proposal would not appear out of character when viewed alongside the street and surrounding properties. Its design is consistent with the prevailing style in the area, featuring a gable fronting the road, a common architectural element. The use of timber boarding and a slate roof is also appropriate and reflects materials found on other nearby buildings.

The National Planning Policy Framework (the Framework) places great weight on conserving and enhancing the landscape and scenic beauty of National Parks, which hold the highest level of protection for these matters. The proposed development would have only a localised effect on the National Park. Given that its design, scale, and siting are considered acceptable, the scheme would not conflict with this objective of the Framework. Furthermore, there is no conflict with the duty to seek to further the purpose of conserving and enhancing the natural beauty of the National Park.

As the appeal site lies within a conservation area, under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, special attention must be paid to preserving or enhancing its character and appearance. The Framework also requires consideration to be given to the impact of a proposal on the significance of a designated heritage asset, and great weight to be given to the asset’s conservation. For the reasons above, the proposal would not harm the character or appearance of the host building and would preserve the significance of the CA. Accordingly, it complies with Policies D2, D18, DP37, SP16, and SP17 of the NFLP, which require high-quality design that respects and enhances the historic environment and landscape, including heritage assets such as conservation areas.

I note that a previous application for a garage on this site was refused. While there are some similarities, the building proposed in this appeal differs in several key respects: it has a lower ridge height, a revised footprint, and an alternative design. For the reasons outlined above, I consider the current proposal to be acceptable within the context of the cottage and the surrounding area.

I have had regard to the conditions suggested by the Council and the advice in the Planning Practice Guidance. Where necessary I have amended the wording of the suggested conditions for clarity, brevity, to avoid duplication and to ensure accordance with the tests set out in paragraph 57 of the Framework. Where pre-commencement conditions are needed the appellant’s agreement has been sought.

In the interests of certainty, conditions are necessary specifying the time limit for commencement and the relevant approved plans.

It is reasonable for the details of materials to be approved in the interests of the character and appearance of the area. A condition is also required to ensure that trees and hedges surrounding the site are protected during the construction phase.

Considering the scale of the proposed development and the absence of existing restrictions on external lighting, it would be unreasonable to impose a condition relating to external lighting. Similarly, requiring machinery and materials to be stored strictly within the red line boundary is not reasonable. The site appears sufficiently large to accommodate construction activities, and any use of land outside the site is likely to be minimal and short term.

A condition restricting the use of the outbuilding is not necessary. The reason given for the condition is to protect the character and appearance of the National Park, the use of the space as a living room, for example, would not result in a material change to its appearance. If the building were to be used for another purpose further permission may be required.

For the reasons given above the appeal should be allowed.

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: PLA001 and PL002C.

No development shall take place above slab level until samples or exact details of the facing and roofing materials have been submitted to and approved in writing by the New Forest National Park Authority. Development shall only be carried out in accordance with the details approved.

No development, demolition or site clearance shall take place until the arrangements to be taken for the protection of trees and hedges on the site (as identified for protection in the approved plans/to be identified by agreement with the Local Planning Authority beforehand), have been submitted to and approved in writing by the Local Planning Authority. The agreed arrangements shall be carried-out in full prior to any activity taking place and shall remain in-situ for the duration of the development.