Appeal 6000875

The appeal is allowed and planning permission is granted for a detached car port at [site address] in accordance with the terms of the application, Ref 25/01127/HOU subject to the conditions in the attached schedule.

An application for costs has been made by [name] against Hart District Council. This is the subject of a separate decision.

The main issue is the effect of the development on the character and appearance of the area and the Yateley Green Conservation Area (YGCA), with particular reference to a protected tree situated adjacent to the appeal site

The appeal site comprises a detached dwelling located outside of, but near to the boundary of the YGCA which is a heritage asset. It is proposed to erect a detached car port near to the southwest corner of the plot. This would be near to a mature oak tree which is situated within the grounds of the adjacent dwelling, within the YGCA. By virtue of its location within the YGCA the tree is protected under sections 211 to 214 of the Town and Country Planning Act 1990 (as amended).

The Yateley Green Conservation Area [name] and [name] document (July 2011) describes that the YGCA retains a semi-rural character due to its open green spaces, mature trees and a spacious layout. Its significance lies in part, in its areas of open, green spaces including common land, woodland, grassland, streams and ponds along with the historic buildings it contains.

The tree on the adjacent plot is visible from public vantage points along [address] and [address]. It is an attractive tree which helps to frame the entrance to [address] and along with other trees in the YGCA, makes a significant contribution to the sylvan character of the area. The appellants’ Tree Survey and [name] Assessment1 (the tree report) identifies the specimen as a tall, healthy Oak tree within category A1.

The proposal does not involve the provision of living accommodation and cars already park on the driveway in the vicinity of the tree. Given the small scale of the building, periodic clearing of gutters would not be onerous. As such the prospect of falling branches and other detritus is unlikely to result in significant anxiety or inconvenience such that pressure to prune would occur.

The area enclosed by the proposed car port would equate to an incursion into the Root Protection Area (RPA) of approximately 16.5% of its total. BS5837:2012 ‘Trees in Relation to Design, Demolition and Construction – Recommendations’ (BS5837) states that the default position should be that structures are located outside of the RPA of trees to be retained. However, in this instance locating the car port elsewhere on the appeal site would be likely to make manoeuvring within the driveway challenging and could result in a structure which would be more prominent in the street scene.

It is proposed that the structure be constructed of timber posts which would equate to less than 0.25% of the RPA. These would require minimal foundations which could be achieved using hand tools. This would effectively avoid significant direct damage to the roots of the tree.

The building would block direct rainfall from the area of land covered by the building. However, its design is such that the southeast and southwest facing roofslopes would be angled towards the tree. As such rainfall would be directed to the area near to the base of the tree which is subject to natural ‘rain shadow’ as a result of the presence of the canopy above. As such this would adequately compensate for the effect of the building on moisture levels elsewhere in the RPA. Furthermore, because of the minimal design of the foundations the tree would be able to take up moisture and oxygen from the underlying soil.

Overall, I am satisfied that, subject to the implementation of the protection and mitigation measures recommended in the tree report, the proposal would not result in harm to the tree, its roots, or the soil structure and would therefore ensure its retention. Consequently, the proposal would not result in harm to the character and appearance of the area through any loss or damage of important vegetation. Furthermore, having regard to my duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act (1990), the proposal would preserve the character and appearance of the YGCA.

I therefore conclude that the proposal would not result in harm to the character and appearance of the area and would preserve the character and appearance of the YGCA, with particular reference to the protected tree situated adjacent to the appeal site. It would therefore accord with Policies NBE2 and NBE8 of the Hart Local Plan (Strategy and Sites) 2032 ([name] 2020) and [name] 8 and URB 19 of the Hart District Local Plan (Replacement) 1996 – 2006 ([name] 2009). Together these seek to conserve or enhance heritage assets, ensure no adverse impact to important trees and avoid development which would adversely affect the character of the YGCA. Policy YDFNP6 of the Yateley, Darby Green and Frogmore Neighbourhood Plan 2020 – 2023 ([name] 2022) relates to 1 GHA arboricultural consultancy, ref: GHA/DS/160333:25, dated 10 February 2025 development within, conservation areas and has therefore not been determinative in my consideration of this appeal.

In addition to the standard time limit and approved plans condition, a condition requiring the implementation of the recommendations of the tree report is necessary to ensure that the tree is adequately protected during construction.

The proposal accords with the development plan as a whole and the material considerations including the Framework do not indicate that the appeal should be decided other than in accordance with it. Therefore, for the reasons given, the appeal is 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 no D3108-01.

The works hereby permitted shall be undertaken in strict accordance with the recommendations of the BS5837:2012 Tree Survey and Arboricultural Impact Assessment, including the tree protection plan ([name] dated 10 February 2025).