Appeal 6000085

The appeal is allowed and planning permission is granted for erection of detached garage with replacement of boundary walls at [site address] [site address] , [address] to [address], Barnet [postcode] in accordance with the terms of the application, Ref 24/3616/HSE, 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 property and Monken Hadley Conservation Area.

The Monken Hadley Conservation Area (CA) covers an area encompassing the north of the borough and the medieval route known as the [address] that linked London to the north of England. The character of [name] stems from a long association with a predominantly rural society. Its significance is derived from its green and leafy character as well as low built density. Given the above, I find that the significance of the CA, insofar as it relates to this appeal, to be primarily associated with the spacious gaps to the rear of the appeal site that contribute to the low built density of the CA.

The proposed garage would be located within the rear garden and would be at the rearmost part of the garden. The garage is intended to be assimilated into a high brick wall that encloses the rear of the site which would mean that there would be very limited views of the garage. The overall height of the garage would mean that the topmost section would be visible above the wall and as such, the presence of built form would physically reduce the spaciousness within the area.

The visible section of the roof would have a glazed design which would allow views through this section of the building and therefore give a sense of spaciousness despite the presence of built form. This, combined with the very limited views of the remainder of the garage would result in an unobtrusive development that compliments the host dwelling. The sense of spaciousness that remains would also conserve the character and appearance of the CA.

I therefore conclude that the proposed development would not harm the character and appearance of the host property and CA. I find no conflict with Policies D3 and HC1 of London Plan 2021, Policies CS5, DM01 and DM06 of Barnet’s Local Plan (Development Management Policies) Development Plan Document September 2012, Paragraph 135 of the National Planning Policy Framework and guidance contained within the Local Plan Supplementary Planning Document: Residential Design Guidance October 2016. Amongst other things, these seek to ensure that development responds to local distinctiveness, respects local context, be of high quality design and preserve or enhance the character and appearance of the CA.

The Council have alleged conflict with guidance contained within the Local Plan Supplementary Planning Document: [name] and [name]

However, this guidance sets out sets out Barnet’s technical requirements for environmental design and construction management which was not a reason for refusal. As such this documents relevance to the reasons for refusal are limited.

The Council has referred to a previous planning application1 and subsequent appeal2 at the appeal site in an attempt to justify their case. I do not have the full details in respect of such example so I cannot be sure of the circumstances. In any case, I have determined the appeal on its own merits, based on the evidence before me.

In regard to the previous scheme for the appeal site the garage was over 1m higher, larger in overall footprint and had a different roof design. The change in roof design means that significant bulk is no longer introduced, and a sense of spaciousness remains in relation to the appeal proposal before me.

Condition 1 is the standard condition which relates to the commencement of development and condition 2 specifies the approved plans for the avoidance of doubt. Condition 3 requires details of the materials to be used for the external surfaces and condition 4 requires detailing of how existing trees will be protected, both conditions are required to protect the character and appearance of the area.

Condition 5 requires a written scheme of investigation to enable archaeological investigation. Condition 6 requires design drawings to be submitted and approved by the Highway Authority in the interests of highway safety. Condition 7 requires that the garage is used ancillary to the host building in order to protect the living conditions of neighbouring occupiers as well as the character and appearance of the area. 1 Council’s reference: 23/4879/HSE 2 APP/N5090/W/24/3337951

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 the following approved plans: [name] 521722-6, Proposed Site Plan and Plan 521722-7, [name] and Section 521722-8 and [name] 521722-9

No development other than demolition works shall take place until details of the materials to be used for the external surfaces of the building(s) and hard surfaced areas hereby approved have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the materials as approved under this condition.

No site works or development (including any temporary enabling works, site clearance and demolition) shall take place until a dimensioned tree protection plan in accordance with Section 5.5 and a method statement detailing precautions to minimise damage to trees in accordance with Section 6.1 of [name] BS5837: 2012 (Trees in relation to design, demolition and construction - Recommendations) have been submitted to and approved in writing by the Local Planning Authority. No site works (including any temporary enabling works, site clearance and demolition) or development shall take place until the temporary tree protection shown on the tree protection plan approved under this condition has been erected around existing trees on site. This protection shall remain in position until after the development works are completed and no material or soil shall be stored within these fenced areas at any time. The development shall be implemented in accordance with the protection plan and method statement as approved under this condition.

No demolition or development shall take place until a stage 1 written scheme of investigation (WSI) has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no demolition or development shall take place other than in accordance with the agreed WSI, and the programme and methodology of site evaluation and the nomination of a competent person(s) or organisation to undertake the agreed works. A: If heritage assets of archaeological interest are identified by stage 1 then for those parts of the site which have archaeological interest a stage 2 WSI shall be submitted to and approved by the local planning authority in writing. For land that is included within the stage 2 WSI, no demolition/development shall take place other than in accordance with the agreed stage 2 WSI which shall include: The statement of significance and research objectives, the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works B: Where appropriate, details of a programme for delivering related positive public benefits. C: The programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the stage 2 WSI.

No works on public highway including creation or modification of a vehicular access or reinstatement of a redundant crossover to footway as a result of the proposed development shall be carried out until detailed design drawings have been submitted and approved by the Highway Authority and works shall only be carried out in accordance with the approved plans. The applicant will be expected to enter into with the Highways Authority under Section 184 Agreement of the Highways Act, for works affecting public highway including creation of new accesses and reinstatement of the existing accesses and consequential damage to public highway as a result of the proposed development.

The use of the garage hereby permitted shall at all times be ancillary to and occupied in conjunction with the main building and shall not at any time be occupied as a separate unit or dwelling.