Appeal 6009636

The appeal is allowed and planning permission is granted for the conversion of garage into habitable room, first floor side extension over garage, two storey front/ side extension, enclosure of existing porch with new roof and extend driveway at [site address] in accordance with the terms of the application, Ref 26/0064/FFU, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: P001, P003, P007, P008 and P009/A.

No demolition works shall take place until a Tree Protection Plan (TPP) specific to this scheme, has been submitted and approved in writing by the Local Planning Authority. The Tree Protection Plan shall be written in accordance with, and address sections 5.5, 6.2, 6.3 and 7 of [name] 5837:2012 Trees in relation to design, demolition and construction recommendations. All protection measures shall be erected before any equipment, machinery or materials (including demolition and all preparatory work) are brought on to the site, and thereafter maintained until all construction work, equipment, machinery and surplus materials have been permanently removed from the site. once approved the development shall be undertaken in entire accordance with the approved plans and particulars. Nothing shall be stored or placed in any area in accordance with this condition and the ground levels within those protected areas shall not be altered, nor shall any excavation be made, without the prior written approval of the Local Planning Authority. Thereafter the works shall be carried out in accordance with the approved details until completion of the development.

Prior to first occupation of the development hereby permitted full details of all proposed tree planting shall be submitted to and approved in writing by the Local Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier, watering schedule and defect period. All tree planting shall be carried out in accordance with those details and at those times. Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works or five years following the completion of the landscaping scheme (whichever is later), shall be replaced in the following planting season (October to end of March) by specimens of similar size and species. This condition may only be fully discharged on completion of the planting subject to satisfactory written and photographic evidence, detailing that the trees have been planted as proposed.

The main issue is the effect of the appeal proposal upon the character and appearance of the area.

The site comprises a detached dwelling in an established residential area at the junction of where [address] meets [name]. The site is the subject of a blanket Tree Preservation Order (Ref. TPO 1/76) served prior to the estate being built out.

The appeal site is currently largely screened from view from [name] when approaching from the south by mature, predominantly conifer and sycamore trees, and other domestic shrubs located along the back edge of the footway. This planting appears to have been established around the same time as the construction of the dwelling and whilst it does contribute to the verdant character of the area, it is not what I would consider to be high quality.

Notwithstanding this, the proposed first floor extension would be set over the existing garage area and some distance from the boundary such that it is unlikely that the scheme, with mitigation measures in place, would give rise to harm to the trees / vegetation.

The appeal dwelling, and therefore its flank elevation, is in an elevated position set a reasonable distance from the road; the two storey/first-floor side extension would be built within the location of the garage albeit situated further forward, and away from the aforementioned vegetation. The front elevation would consequently be closer to the principal elevation than the existing garage albeit with a slight set-back to it and a slight set-down from the ridge.

I acknowledge the Council’s concern about the overall scale of this extension, but the width of the extension, which is basically governed by the width of the existing garage would appear subordinate in form to it; and therefore consistent with the general spirit of the Council’s Residential Design Guide 2017. The spacious character of the surrounding area would be maintained and with the appeal site being in a relatively unique location such a proposal could not be easily replicated elsewhere, notwithstanding that each case should be assessed on its own merits.

Therefore, on balance I consider that the scheme would not result in an overly bulky design and it would be in keeping with the general street scene. I find that the proposal would not have a detrimental impact upon the character and appearance of the area and that the proposal complies with Policy DM9 of the [name] and Development Management Policies and Policy DH1 of the emerging Local Plan, in addition to Policy WNP2.1 of the Windlesham Neighbourhood Plan which together permit development where it respects and enhances local character, paying particular regard to, amongst other things, scale, massing and bulk, supporting extensions where they respond positively to and protect the built and natural character features of their setting.

For the reasons set out above and having regard to all other matters raised, I conclude that the appeal should succeed.

In addition to the standard time limit condition, I consider that it is appropriate to require the development to be carried out in accordance with the submitted plans, furthermore, I have imposed the two additional conditions suggested by the Council requiring tree protection details and additional planting, in the interests of protecting and enhancing the character and appearance of the area.