Appeal 6003743

The appeal is allowed and planning permission is granted for Outbuilding at rear of garden at [site address] , [name] [postcode] in accordance with the terms of the application, Ref PA25/2403, and subject to the following conditions:

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 unnumbered drawings entitled: location plan, existing elevations, existing ground floor plan, proposed block plan, proposed roof plan, proposed ground floor plan and tree plan.

No development shall take place until details of the proposed building foundations have been submitted to and approved in writing by the Local Planning Authority. The submitted details shall specify how the root systems of nearby trees will be protected. Development shall be carried out in accordance with the approved details.

The development must be carried out in accordance with the provisions of the [name] dated June 2025.

The outbuilding hereby permitted shall not be used other than as accommodation incidental or ancillary to, the use of the existing dwelling house as such and shall not be used as a separate self-contained dwelling or for commercial purposes.

The main issue is the effect of the proposed development on trees.

The proposed outbuilding would be positioned at the end of the garden, replacing an existing shed which sits on paving slabs. The footprint of the proposed structure would be larger than the shed.

The Council has refused the proposal due to its effect on nearby trees and vegetation but has not identified which trees or vegetation it is concerned about. Within the rear garden, there is a modestly sized birch tree positioned beyond the area laid to slabs. There is a tree in the neighbouring garden, which occupies a similar position to the birch tree within that garden. These trees, whilst contributing to the visual amenity of the area, are not protected.

The outbuilding would be positioned away from the existing trees and therefore any incursion into their root protection areas would be limited. Moreover, it is proposed to construct the outbuilding using raft foundation, designed to minimise ground disturbance and avoid damage to tree roots. Details of this have not been submitted and it would be appropriate to secure this through a planning condition. Subject to compliance with this construction approach, the nearby trees would not be adversely impacted by the proposal.

For this reason, I find that the proposal would comply with Policy LP42 of the Richmond upon Thames Local Plan 2025 which seeks to protect existing trees.

The Council has suggested conditions in the event the appeal were to be allowed. I have considered these against the tests set out in the National Planning Policy Framework, amending where necessary for clarity and precision. In addition to the standard condition relating to commencement of the development, in the interests of clarity, I have imposed a plans condition. A condition requiring details of foundations as referred to above is required pre-commencement because the foundations and protection of tree roots needs to be considered before works begin. The appellant has agreed to the condition.

To comply with Policy D12 of the London Plan 2021, and to ensure the safety of future occupants of the building, a condition requiring compliance with the submitted [name] is necessary. I have restricted the use of the outbuilding to prevent its occupation or use independent of the host property in order to protect neighbouring occupiers from harm to their living conditions.

I have not imposed a condition requiring an arboricultural method statement as the information required in respect of foundations is sufficient to ensure the protection of the trees.

For the reasons given above the appeal should be allowed.