Appeal 6000851

The appeal is allowed and planning permission is granted for erection of a detached garage including change of use of land to garden at [site address] , [site address] , Staffordshire [postcode] in accordance with the terms of the application, [name]/2025/00335, subject to the conditions in the attached schedule.

The Council’s appeal questionnaire indicated that the development is in, near or likely to affect a Site of Special Scientific Interest (SSSI). However, upon seeking further information from the Council, they have confirmed that the appeal site is not within a SSSI and I have therefore not considered this matter further.

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

The appeal site relates to a large parcel of land next to a large dwelling and detached garage. The appeal site is grassed and is gently sloping away from [site address] . There are several dwelling close to the appeal site which also tend to be large dwellings that occupy sizable plots with the wider area being predominantly open.

The appeal site already has the appearance of being closely associated with the main dwelling due to being comprised of predominantly well-maintained grass and enclosed by low level fencing. This combined with the other properties in the area which occupy large plots of land would mean that the substantial garden proposed would not be out of character in this context.

The modest size of the proposed garage would also not be out of character due to other large outbuildings, including substantial agricultural buildings that are present nearby the appeal site. The sloping land levels would also reduce the overall impact of the proposed garage, and the boundaries would provide some screening.

The proposed use of the appeal site as garden has the potential for domestic paraphernalia, but this is unlikely to be detrimental to the open character of the area due to the overall size of the appeal site. I am also mindful that such paraphernalia is most likely to be close to the proposed garage and host dwelling which are set back from the road and would be screened from most views.

I therefore conclude that the proposed development would not harm the character and appearance of the area. I find no conflict with Policies SP1, SP8, SP24, DP1 and DP3 of the Local Plan Planning for Change 2012-2031, [name] and DAH 1 of the [site address] Parish Neighbourhood Plan 2023-2031 MADE Plan – 2nd June 2023 and Paragraph 135 of the National Planning Policy Framework. Amongst other things, these seek to ensure that development is integrated with the character of the landscape and the design of the building is visually well related to the proposed site.

I note that concerns have been realised in regard to the loss of agricultural land, however, I am mindful of the planning history of the site and current lawful use of the site which means that no loss of agricultural land would occur.

Condition 1 is the standard condition that relates to the commencement of development and condition 2 specifies the approved plans for the avoidance of doubt. Conditions 3 and 4 require details of a landscaping scheme in order to demonstrate biodiversity net gain as well as the maintenance of such for 30 years in the interests of the character and appearance of the area and achieving biodiversity net gain.

Conditions 5 and 6 require details of external materials to be used for the development as well as details of boundary treatment in order to ensure that the character and appearance of the area is maintained. Condition 7 is required in order to ensure that the proposed garage is used ancillary to the residential use and is not used for living accommodation.

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: [name]. 2024-194-001 Revision P3 [name]. Site Levels and Sections

Prior to the commencement of the development (including any site clearance works) a scheme of landscaping (including a timetable of implementation) to show biodiversity improvements commensurate with [name] 2025 [name]. 25-009-[name] 1.0 shall be submitted for the approval in writing by the Local Planning Authority. The submissions shall include all proposed species to plant and planting methods and a timetable of implementation. The landscaping scheme shall also include 30 year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports to the Local Planning Authority during years 1, 3, 5, 10, 15, 20, 25 and 30, from completion of the approved landscaping demonstrating how the [name] is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

The landscaping scheme shall be completed in accordance with the details and timetable of implementation approved under condition 3 above and the habitats created shall be maintained for a minimum of 30 years to achieve [name] as per the requirements of the approved scheme.

No development shall take place above slab level in relation the construction of the proposed building hereby approved until details of all materials to be used externally have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details and retained as such thereafter.

Prior to the first use of the development hereby approved a scheme of boundary treatments shall be provided in accordance with details first submitted to and approved in writing by the Local Planning Authority. Once provided the approved boundary scheme shall be retained and maintained for the life of the development.

The building hereby approved shall only be used for garaging/storage purposes solely ancillary to the residential use of application property and shall not be used for living accommodation at any time.