Appeal 3369507

The appeal is allowed and planning permission is granted for erection of garage with stores and home office at [site address] , in accordance with the terms of the application [name]/25/00124/HP and the plans submitted with it, subject to the following

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: location plan 1:1250; existing site plan 20241206SP 1:500; proposed site plan 20241206SP 1:500 and 20241206 proposed garage.

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

Prior to the first use/occupation of the development hereby permitted, the details set out in the submitted [name] shall be fully implemented and remain thereafter.

I consider that the main issue in this case is its effect on the character and appearance of the area.

[site address] is a large two storey detached house in a large residential curtilage with extensive additional grounds to the west. It has been previously extended. It is located in the village of Uckinghall in a rural area, on a narrow lane within an informal scatter of detached houses enclosed by hedges and mature trees. It is within the Uckinghall Conservation Area and [name] 2.

Policies relevant in this case include SWDP21 of the South Worcestershire Development Plan 2016 (the development plan) which, among other things, requires development to be of high quality design, to complement the character of the area and be of a scale, height and massing appropriate to the setting of the site. Policy SWDP29 relates to flood risk and drainage matters.

There is a statutory duty under Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas. The National Planning Policy Framework (2021) (the Framework) states that in the consideration of development proposals great weight should be given to the conservation of heritage assets in accordance with the significance of the asset and any harm should require clear and convincing justification.

The proposed outbuilding would be located to the rear of the residential curtilage adjacent to the boundary wall with the neighbouring property to the north, [address]. It would have a footprint of approximately 105sqm and be one and a half storeys high at approximately 6.7m to the ridge. Although this would be a substantial size in itself, when viewed in the context of the much extended house and the size of the site it would not appear out of proportion.

I consider that the proposed dormer windows would not appear unduly inappropriate in an outbuilding clearly associated with the house and intended for use as garage and store and home office for the occupier of the house. The proposed design and materials would be in keeping with those of the house. It would not be visible from public viewpoints and would be scarcely visible from a small number of neighbouring properties.

I conclude that the proposed outbuilding would not harm the character and appearance of existing house or the surrounding rural area.

The site is in [name] 2. The appellant has submitted a [name] regarding provision for overflow of roof water to soakaways.

For the reasons given above, the appeal is allowed.

I have considered the conditions put forward by the Council, having regard to the tests set out in the Framework. A condition detailing the plans is necessary to ensure the development is carried out in accordance with the approved plans and for the avoidance of doubt. A condition relating to the materials is necessary in order to ensure the satisfactory appearance of the development. The condition relating to the [name] is necessary to ensure that an appropriate sustainable drainage system is provided to serve the development.