Appeal 3369615

The appeal is allowed, and planning permission is granted for a first floor extension and porch at [site address] , Uley, Gloucestershire [postcode] in accordance with the terms of the application, ref S.25/0382/HHOLD, subject to the following

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 no’s AW-010-01 Site Plans, AW-010-02 Block Plan, AW-010-03 [name] and [name], AW-010-04 [name], AW- 010-05 [name], AW-010-07 [name], AW-010-07 [name].

The external materials of the extension hereby permitted shall match those used in the existing building.

The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

The main issues in this appeal are the effect of the proposed development on: a) the character and appearance of the area, including the Cotswold National Landscape and; b) the living conditions of the occupants of the neighbouring property, 15 Shadwell, regarding outlook.

Section 85 of the Countryside and Rights of Way Act 2000 requires that regard be had to the purpose of conserving and enhancing the natural beauty of National Landscapes (previously known as Areas of Outstanding Natural Beauty). I am also conscious of my duty under Section 245 of the Levelling-up and Regeneration Act 2023 to seek to further the purpose of conserving and enhancing the natural beauty of the area. These purposes also include increasing the understanding and enjoyment by the public of the special qualities of the National Landscape.

The National Planning Policy Framework (the Framework) also requires great weight to be given to conserving and enhancing the landscape and scenic beauty of the area. Although not referred to in the reason for refusal, the Council’s officer report indicates that the appeal site falls within the Cotswold National Landscape (CNL). The effect of the appeal proposal on the landscape is not a matter in dispute between the main parties. However, having regard to the purposes, I have referred to the CNL in my main issue on character and appearance and dealt with it in my

Located within a group of other residential properties within the CNL and on the outskirts of the village of Uley, the appeal site is a detached two-storey dwelling, built of stone and with a pitched roof. It currently has a single storey side extension which it is proposed to develop above as part of this appeal. The property is characterised by its prominent dual gable frontage; gables are also a characterful feature of the wider area. The appeal property is accessed via a single track, tree lined road which contributes to the rural character that the appeal property and its neighbours enjoy. Whilst there are several other properties along the same road, the rural nature of the road is heightened by the wider surroundings of predominantly open fields.

The scale of the proposed side extension would demonstrate an acceptable level of subserviency to the host dwelling, as it would be stepped down below the main ridge and its mass would be located behind the main bulk of the building. The proposed development would respect the host dwelling in terms of design and scale, and the inclusion of another gable to the frontage would create interest. Visually, the design would be harmonious with the wider area, and it would align with the street-scene within which gables are already a characterful feature.

While the scale of the proposed porch would be large, the open nature of the design means that it would not dominate the frontage of the appeal property and thus retain subserviency. Again, the use of a gabled design for the porch means that the proposed porch would assimilate well into the overall design of the appeal building.

Given the location, design and scale of the proposed extensions, the silhouette of the grouping of houses within the CNL would not be affected, and the proposal would not impinge on wider views within the CNL. No harm would result to the natural beauty of the CNL. Therefore, I am satisfied having seen the site that it would conserve the landscape and scenic beauty of this National Landscape in line with paragraph 189 of the Framework.

I conclude that the proposed development would have an acceptable effect on the character and appearance of the area, including the CNL. It complies with Policies HC8 and CP14 of the Stroud District Local Plan (2015) which seek to ensure that proposed development respects the scale and character of the original dwelling.

The appeal site is set quite far forward within its plot and is highly visible from the road. However, the neighbouring property, 15 Shadwell, is set further back within its plot beyond a deep drive and a detached garage. Due to this staggered building line, the proposed development would be positioned close to the garage and driveway of the neighbouring property at no.15 and thus would have no impact on the living conditions of the occupants of no.15 having regard to outlook. In their delegated report, the Council have acknowledged the above and have concurred that in itself, this would not be a reason for refusal of planning permission.

In conclusion, the proposed development would not have a harmful effect on the living conditions of the occupants of the neighbouring property, 15 Shadwell, having particular regard to outlook. It would comply with Policy ES3 of the Stroud District Local Plan which seeks to preserve the living conditions of neighbouring occupants.

Other than the standard time limit condition, it is necessary to ensure that the development is carried out in accordance with the approved plans for reasons of clarity and certainty. In the interests of the character and appearance of the area, a condition relating to matching materials is also necessary.

For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.

I have considered all the submitted evidence and my representative’s report and on that basis the appeal is allowed.