Appeal 6003638

The appeal is allowed and planning permission is granted for erection of a detached car barn/garden store at [site address] in accordance with the terms of the application, Ref 25/503777/FULL, subject to the conditions in the attached schedule.

An application for costs was made by [name] against the decision of Maidstone Borough Council. This application is the subject of a separate decision.

The Council has confirmed that had it been in a position to determine the proposal, it would have recommended refusal. Based upon the Council’s putative reasons for refusal, the main issue in this appeal is the effect of the proposed development on the character and appearance of the area.

The appeal site comprises plot 4 of a development of four dwellings, known as [name], which has recently been constructed on the site of former agricultural buildings1. The site is outside any settlement and is within a countryside location.

There is agricultural land to the east, and to the west are [name] and [address] which are traditional, historic buildings. There is a cluster of barns close to the site’s western boundary. The presence of vernacular architecture and agricultural land and buildings contribute to the area’s rural character.

The Brenchley Field development is set around an access road with landscaped verges, front gardens, and car parking areas. Through its location within a housing 1 LPA ref: 23/504815/FULL, a s73 minor material amendment to permission 21/500564 development, the site’s immediate surroundings are principally domestic and residential in character.

It is understood the design of the [name] scheme sought to retain the form and character of original buildings on the site and preserve local distinctiveness by maintaining rural character and openness. The group of dwellings incorporates materials sympathetic to the rural context and local architectural vernacular, including local stone, brick dressings, timber boarding, and clay roof tiles.

The Council suggest the site is within the Harrietsham - [name] (Area 16) character area, as assessed by the Maidstone Landscape Character Assessment 2013 as “very good” with “very high sensitivity”, and requires development conserve its qualities which include mosaic of mixed farmland divided by non-rectilinear hedgerows, pockets of lowland dry acid grassland, small field patterns and equestrian grazing, drains defined by ribbons of native vegetation, native woodland, and large scale industrial and commercial development. The appellant disputes the site falls within Area 16. Nonetheless, as an existing dwelling plot, the site does not possess characteristic features of Area 16.

The appeal property is a large, detached dwelling finished in heritage-style brick and black timber weatherboarding, with a pitched storm porch and front dormers, a hipped, tiled roof, and a single storey side projection. The dwelling has a traditional design and appearance that is characteristic of the wider development.

The proposed building would comprise a detached car barn and garden store. The Council’s Residential Extensions Supplementary Planning Document requires domestic rural outbuildings be modest in scale, simple and subservient in design, unobtrusive in terms of location, and not cause harm to the rural character and appearance of their surroundings.

The proposed building would have a half-hipped roof form finished in clay tile. It would be of timber frame construction with a brick plinth and detailing and black weatherboarding and therefore would have a traditional design. The building would be single storey height, and the car barn would be open to the front and side thereby minimising the building’s volume. The building would not be excessive in scale and bulk but would appear modest and subservient to the host property.

The garden store would be enclosed by a roller shutter door, which would be a modern feature with a domestic appearance. However, the black door would match the colour palette of the building. Moreover, the surrounding area is domestic in character with the wider development’s residential function clearly evident. Modern fenestration, air source heat pumps, alarm systems, and external lighting fixtures are successfully integrated into the wider development, and the existing dwellings are therefore not devoid of contemporary features. The inclusion of the roller shutter door would not undermine the overall design, form and appearance of the proposed building which would complement the host property or the distinctive style of the wider development.

The western edge of the appeal site comprises a wide strip of mown grass with a planted border which forms a part of the approved landscaping scheme for the wider residential development. The proposed building would be sited behind the appeal property on this landscaped verge. Therefore, the proposal would reduce the overall extent of the area of landscaping within the development.

However, the building would be set back from the rear fenced boundary of the plot. A parcel of the soft landscaped strip of land, including the tree, would be retained at the southwest corner of the site. Therefore, the proposal would maintain the transition between the development and surrounding countryside, and the proposal would not significantly impact the open character of the area.

A spur from the main access road through the development provides access to the appeal property’s driveway. The proposed building would be visible to users of the shared access on passing this junction. However, since the proposed building would be sited behind the appeal property, it would be generally concealed from view by existing built form within the [name] development. Furthermore, the shared access is not a through route, and there would not be a significant volume of traffic or pedestrian footfall traveling through the housing development. The site is distant from the public highway of [address], and therefore the proposed building would not be in a visually prominent location and would not appear dominant from public vantage points.

As set out above, the proposed building would be modest in scale, simple and subservient in design. The building would not result in harmful domestic intrusion into the landscaped area, would neither encroach into nor erode countryside character, and would have no adverse impact on the qualities of the landscape character area. The proposed building would not be visually prominent within the street scene of the wider residential development and would not significantly alter its spacious and open character but would be well-contained within the confines of the existing development. Therefore, the location of the building would be unobtrusive. For these reasons, the proposal would not cause harm to the rural character and appearance of the area.

The proposal would therefore comply with Policy LPRSP15 of the Maidstone Local Plan Review 2024 (LPR), which states that proposals should respond positively to, and where possible enhance, the local character of the area; with LPR Policy LPRHOU11, which states that development proposals should be visually acceptable in the countryside; with LPR Policy LPRQD4, which states that the scale, mass and siting of development should maintain, and where possible enhance, local distinctiveness/landscape; and LPR Policy LPRSP9 which requires proposals avoid significant harm to the rural character and appearance of the area.

In addition, the proposal would satisfy Policy CP1 of the Lenham Neighbourhood Plan 2021 which requires the potential visual impact of proposals and effects upon landscape character be assessed.

Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires I pay special regard to the desirability of preserving listed buildings and their settings. The appeal site is set back beyond [name] listed buildings, [name] Farmhouse2 and Hope Cottage3.

[name] dates to the sixteenth century or earlier. The building is rectangular with a timber frame, two storeys, and a pitched, hipped, tiled roof. The ground floor of its left bay is faced in ragstone with brick dressings, the centre 2 NHLE ref: 1060953 3 NHLE ref: 1344285 bay is clad in hung tiles, and the right-hand bay is faced with red brick in a stretcher bond. The building’s significance is derived from its architectural and historic interest as a purpose-built centre of a historic farm constructed in the local architectural vernacular.

[address] is a small agricultural dwelling dating from the fifteenth century with a cross wing from a later period. The building has two storeys and a timber frame with brick infill, externally finished with a mix of weatherboard, hung tiles, and brickwork in a Flemish bond. It has a pitched plain tile roof above, which slopes down to a lean-to roof to the front of the building and a catslide roof at the rear elevation. The significance of the listed building is derived from its architectural and historic interest as a rural dwelling constructed in the architectural vernacular.

The Built Heritage Statement identifies that the site makes only a minor contribution to the significance of the listed buildings as part of their historic rural context. The proposed development is designed to retain the rural character of the site and screen planting would be provided to minimise visual impact, along with the host dwelling and existing larger outbuildings which would obscure intervisibility between the site and listed buildings. In addition, the Council’s Conservation Officer advises that, due to the traditional design, location within the built grouping, and separation distance, the proposal would not harm the setting of listed buildings. For these reasons, I am satisfied the proposed development would preserve the listed buildings and their settings.

The Council has provided a list of suggested conditions which I have considered against the requirements of the National Planning Policy Framework (the Framework). In the interests of certainty, I have imposed the standard time limit for commencement and specified the approved plans.

To ensure a satisfactory appearance to the development and conserve the character of the area, I have included conditions requiring materials match those shown on the approved plans, and submission and implementation of a landscaping scheme. The longer 10-year management period is necessary to mitigate the intensification of use of the site by strengthening the landscaping, particularly along the west boundary.

To enhance ecology and biodiversity in accordance with national and local planning policy, I have included a condition requiring the submission of a scheme for the enhancement of ecology on the site. To prevent the introduction of uses which would cause harm to the living conditions of adjoining residential occupiers, I have attached a condition requiring the car barn be used only for purposes incidental to the domestic use of the dwelling.

For the reasons given above, having regard to the development plan taken as a whole and all other relevant material considerations, I conclude the appeal should be allowed.

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

The development hereby permitted shall be carried out in accordance with the following approved plans: P(4)301, Plot [address] Scene; P(0)531 A Plot 4: [name] and [name]; Built Heritage Statement.

The materials to be used in the development hereby approved shall be as indicated on the approved plans and application form.

No development above slab level shall take place until details of a scheme for the enhancement of ecology on the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall consist of the enhancement of ecology through integrated methods into the fabric of the building(s)/extension(s) by means such as swift bricks, bat tubes and bee bricks, and through the provision within the application site of measures such as bird and bat boxes, bug hotels, log piles, planting which favours pollinators and hedgehog gaps/corridors. The development shall be implemented in accordance with the approved details prior to the first use/occupation of any unit or area to which the details relate and all features shall be permanently retained and maintained thereafter. The details shall include sufficient information to assess the proposed measures including as necessary elevations, floorplans, block plans showing siting and specification/manufacturers details.

The development hereby approved shall not commence above slab level until a landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall include: a. a scheme designed in accordance with the principles of the Council's landscape character guidance (Maidstone Landscape Character Assessment Supplement 2012). b. details of the number, size, species, maturity, spacing and position of existing/proposed native trees and landscaping and c. a ten [10] year landscape management plan (Only non-plastic guards shall be used for the new trees and hedgerows). The details shall specifically include landscaping to the south side of the outbuilding.

All landscaping specified in the approved landscape details shall be carried out in the first planting season (1 October to end of February) following the first use of the building or in accordance with a timetable previously agreed with the Local Planning Authority. In the case of open space/public/communal areas (areas outside of operational building work) following completion of these areas or in accordance with a timetable previously agreed with the Local Planning Authority. The approved landscaping shall be retained for at least 10 years following its implementation and shall be managed and retained strictly in accordance with the approved specification/management plan, and any approved or retained seeding or turfing which fails to establish or any trees or plants which, before a period of 10 years from the completion of the development has expired, die or become so seriously damaged or diseased that their amenity value has been adversely affected, shall be replaced in the next planting season with plants of the same species and size as detailed in the approved landscape scheme unless the local planning authority gives written consent to any variation. No replacement planting or removal of any planting shall take place without the prior written consent of the local planning authority.

The car barn hereby permitted shall only be used for purposes incidental to the domestic use of the related dwelling house and/or the parking of private motor vehicles and for no other purposes or use. END OF SCHEDULE