JPPC Ref: SS/6950 Planning Services Wokingham Borough Council

JPPC ref: SS/6950

Planning Services Wokingham Borough Council *Submitted electronically*

Planning Portal Ref: PP-08092357 19th August 2019

Dear Sir/Madam

APPLICATION SEEKING A LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED ALTERATIONS AND ENLARGEMENTS PROPOSED TO EXISTING DWELLINGHOUSE COMPRISING:

1. TWO STOREY EXTENSIONS TO FRONT ELEVATION 2. SINGLE STOREY EXTENSIONS TO SIDE OF DWELLINGHOUSE 3. TWO STOREY REAR EXTENSION; 4. ERECTION OF TWO SINGLE-STOREY INCIDENTAL OUTBUILDINGS

HATCHGATE END, HATCH GATE LANE, COCKPOLE GREEN, WARGRAVE, RG10 8NE (RESUBMISSION OF DECLINED APPLICATION 191455)

This application seeks confirmation of the ability to enlarge and improve the subject dwellinghouse in the ways described above without the need to seek full planning permission as well as the provision of 2no. single-storey incidental buildings.

The application is accompanied by the following plans and documents:

- This Statement, which described why each of the operations described is considered to be lawful without the need for a further planning approval; - Drawing Ref. 1820 PL001 P01 Location Plan (1:1250 / 1:2500) and Site Plan (1:250 / 1:500) as existing; - Drawing Ref. 1820 PL002 P01 Existing Plans and Elevations (1:100 / 1:200); - Drawing Ref. 1820 PL004 P05 Proposed Floor Plans showing additions (1:100 / 1:200); - Drawing Ref. 1820 PL005 P03 Elevations and Sections as Proposed (1:100 / 1:200); - Drawing Ref. 1820 PL006 P04 Massing Drawings; - Drawing Ref. 1820 PL007 P03 Location Plan (1:1250 /

1:2500) and Site Plan (1:250 / 1:500) as proposed; - Drawing Ref. 1820 PL008 P02 Proposed Volumes for Outbuildings; - Drawing Ref. 1820 PL009 P01 Garage Plan and Elevations (1:100 / 1:50); - Drawing Ref. 1820 PL010 P01 Summer House Plans and Elevations (1:100 / 1:50). - A series of photographs from the 1988 sales particulars (Appendix 1)

PLANNING ISSUES

1. This Statement accompanies an application under s.192 of the Town and Country Planning Act seeking confirmation of the ability to erect single and two storey extensions to the property known as Hatchgate End (“the dwellinghouse”).

2. This is a resubmission of an application for a Certificate of Lawfulness to Wokingham Borough Council within one month of the Council’s previous refusal to issue a certificate (no application fee is therefore payable, as this is the first resubmission within twelve months and relates to development of broadly the same description and character).

3. The current submission seeks to address specifically those reasons for not issuing the Certificate by providing additional information to demonstrate that the proposed works would be lawful.

4. The current submission seeks to address specifically those reasons for the refusal of the last application.

Previous submission

5. An application seeking the issue of a proposed lawful development certificate was made to Wokingham Borough Council on 30th May 2019, seeking confirmation of the ability to carry out works without the need for planning permission, comprising the erection of single and two storey extensions and the erection of single storey outbuildings within the curtilage of the dwelling. The plans accompanying that submission and the planning statement (JPPC 30th May 2019) are attached as Appendix 2 and Appendix 3 respectively.

6. Following receipt of the application, the Council validated the application on 4th June 2019, allocating it the application number 191455, with the description as follows:

Proposed Lawful Development Certificate for the erection of:

 two storey front extensions  single storey side extensions  two storey rear extension  2no single storey incidental outbuildings (triple garage/garden store & summer house/pool)

7. The Council declined to issue a Lawful Development Certificate on 30th July 2019. A copy of the decision notice is attached as Appendix 4 and a copy of the Officer’s Report is attached as Appendix 5.

8. The assessment of Officers was that the development proposed and described would not have been lawful within the meaning of s.192 of the 2

Town and Country Planning Act. The reason given for this was as follows (as set out on the refusal notice):

The proposal constitutes development and thus requires planning permission. Permission is available under Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015. However, the single storey side extensions and two storey rear extension are interconnecting. Also, the single storey side extensions are more than half the width of the original semi- detached houses. As a result, the proposal is not in accordance with Schedule 2 (Part 1) (Class A) with respect to parts (f), (g), (h), (i) and (j) of the Order.

9. Seeking to elaborate upon these refusal reasons, the Officer’s Report states as follows with regard to the alleged interconnectivity of the single storey side and two storey rear extensions:

A.1(f), (g), (h), (i) and (j): The single storey side extensions are built onto and connect with the south eastern as well as north western corners of the original dwelling, which are proposed to be retained. Likewise, the two storey rear extension will be built onto and connect with the same corners of the building. The structural works required to accommodate the loads imposed by the existing dwelling and the one and two storey extensions proposed as part of this certificate are such that they will be interconnecting, with supports built into this corner of the building, Whilst the single storey side extensions accord with part (f) when considered on their own, the fact that they are interconnecting with the two storey extension renders them non-compliant with parts (f), (g), (h) (i) and (j)

10. Turning to the two side extensions, the Officer’s report identified that whilst each of the side extensions would be half of the width of the detached building, “the original dwelling was not a detached but a pair of semis and as such, each side extension should be half of the width of the original semi-detached houses. As such the excessive width of the two sides extensions renders them non-compliant with part (j) [of The Town and Country Planning (General Permitted Development) (England) Order 2015 ("the GPDO")].

11. It is our view that further clarification in respect of the points above could have been sought by the Council during the determination period of the previous application and the applicants were happy to do so, as outlined in the email from this Office to the Council dated 16th July 2019. No response to this invitation was forthcoming. The current submission seeks to provide this clarification and to avoid the need for a planning appeal.

12. In respect of the first reason for the Council’s decision not to issue a Certificate of Lawfulness, structural works of the types suggested are not required in connection with the enlargements proposed.

13. Referring to the DCLG’s Technical Guidance document (“Permitted development rights for householders”) (April 2017) shows a comparable example of development (a side extension that is no more than half of the width of the original house and a rear extension that takes up the whole width) that is assessed as being permitted development: 3

Fig.1 Excerpt from Permitted Development Rights for Householders: Technical Guidance (2017)

14. Notwithstanding this, the drawings associated with the current submission (Dwgs 1820 PL004 – PL006) have been amended for the avoidance of any doubt, such that the two storey rear extension would be inset by 300mm on either side.

15. The proposed extensions can be built without any reliance for structural support between the side and rear extensions, with separate foundations and would constitute wholly separate acts of development. Any steels inserted to form openings in the existing elevations would not be a part of the extensions and would not connect with each other in any way.

16. Turning to the second reason given by Officers for the refusal to issue a lawful development certificate in respect of the previous submission, the Council’s assessment of the works that can be undertaken to Hatchgate End as permitted development hinges upon the assessment of what amounts to the “original” dwellinghouse.

17. It is suggested, based upon sales particulars issued when the Hatchgate Farm estate was split into portions for sale in 1988 (excerpts at Appendix 1), that the amalgamation of the two semi-detached properties into a single dwelling is likely to have taken place at this time (this is evidenced by a building regulations approval from the same period).

18. It is questionable whether the amalgamation would have required planning permission at the time it appears to have happened1, although it appears that some fairly modest physical alterations were made to the building at the same time, including the creation of the existing dormer and catslide roof at the front of the building to facilitate the use of the building as a single dwellinghouse.

19. Those works in isolation are likely to have required planning permission, however any breach of planning control would now be immune from enforcement action. Section 171B(2) of the Town and Country Planning Act provides that a breach of planning control consisting of the change of use of any building to use as a single dwellinghouse (or the carrying out of building work without planning permission) becomes immune from any enforcement action after four years.

20. The works to the building (comprising of enlargements to the front and rear) took place more than 30 years ago as evidenced by the photographs, and the amalgamation of the building to create a single residential unit occurred at this time also. Any unauthorised development would be immune from enforcement action.

21. The amalgamation of two residential dwellings to create a single dwelling would have, in effect, created a new planning unit, opening a new chapter in the site’s planning history. The courts are clear that the creation of a new planning unit would sweep away planning restrictions previously associated with the old use2, instating in their place restrictions that would apply specifically to the current use of the building (i.e. a single dwellinghouse in this case).

22. Officers are reminded that permission has already been granted for two storey front and rear extensions to the property (WBC Ref. 182314) – the Council’s policies are permissive of enlargements or extensions representing up to and including a 35% enlargement over and above the original dwelling. In making the application, the applicants provided an assessment of volume as proposed and in relation to the original dwellinghouse. This assessment was effectively endorsed by the Council in granting planning permission for those enlargements on the basis that the “original” dwellinghouse is that which exists.

23. Officers are also invited to consider the lawful development certificate issued by the Council in respect of Young’s Cottage at Kenton Lane in Wargrave, originally constructed as two semi-detached dwellings but subsequently amalgamated. Whilst in that case permission had been sought in 1988 to amalgamate two dwellings into one, the available evidence indicated that the conversion had not been undertaken in accordance with the relevant conditions, but on the balance of

1 Section 55(3)(a) of the Town and Country Planning Act 1990 provides that the subdivision of a property to create a number of smaller units amounts to a material change of use but is silent as to whether or not amalgamation amounts to a material change of use. Whilst the decision of the High Court in Richmond upon Thames LB v Secretary of State (28/03/2000) suggests that whether a change of use had actually happened would require a case-by-case consideration of all planning considerations including a Council’s policies for the protection of a particular type of accommodation, the Richmond decision was issued at least ten years after the amalgamation is most likely to have occurred. 2 Stevenage Borough Council v Secretary of State for Communities and Local Government and Aberdeen Property Investors (UK) Ltd [2010] EWHC 1289 (Admin) 5

probabilities the use as a single dwelling had subsisted for at least 26 years. Following the issue of a lawful certificate, confirming the lawful use of the property as a single dwellinghouse (WBC Ref: 172954), further lawful development certificates were issued by the Council, confirming the ability to enlarge the building under permitted development rights as a single dwellinghouse – a new chapter in the site’s planning history had begun with the amalgamation of the dwellings and the available permitted development rights were clearly understood by Officers to relate to the use of the property as a single dwelling, rather than two units as the building had originally been.

24. No other reasons were offered by the Council for declining to issue a lawful development certificate. This resubmission is considered to have demonstrated why the proposal accords precisely with the relevant provisions of the GPDO.

25. We hope that Officers will agree with our assessment of the current submission, bearing in mind the additional information available (and the changes to the dimensions of the proposed rear extension), and are now able to issue a lawful development certificate that confirms the ability to undertake lawfully the works shown on the submitted plans and elevations.

Yours faithfully

Simon Sharp LLB (Hons) MSc MRTPI Associate

Email: [email protected] Direct dial: 01865 322350

APPENDIX 1

Sales Particulars from the auction of lots of the Hatchgate Estate (1988) and a series of photographs taken around this time and subsequently – the fact that the photographs show little in the way of boundary or garden vegetation suggests a date soon after the amalgamation of the subject property into a single dwellinghouse.

APPENDIX 2

Plans submitted as part of application 191455

NOTES

1 ALL DIMENSIONS AND LEVELS ARE TO BE DETERMINED AND OR CHECKED BY THE CONTRACTOR ON SITE. SHOULD ANY DISCREPANCY BE IDENTIFIED BETWEEN THE DIMENSIONS, AND OR DETAILS DETERMINED ON SITE, AND THOSE SHOWN THOSE SHOWN ON THE RELEVANT DRAWINGS, THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY, AND HIS INSTRUCTIONS OBTAINED PRIOR TO THE COMMENCEMENT OF THE WORK.

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

3. WHERE A PRODUCT IS SPECIFIED TO BE OBTAINED FROM A MANUFACTURER OR SUPPLIER, THE CONTRACTOR SHALL INSTALL THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS SUPPLIED BY THE THE MANUFACTURER. SHOULD THERE BE ANY VARIATION BETWEEN THE WORK SPECIFIED ON THE DRAWINGS AND THE MANUFACTURERS INSTRUCTIONS, THE CONTRACTOR SHALL REFER THE MATTER TO THE ARCHITECT FOR INSTRUCTION BEFORE PROCEEDING.

Nos. 3&4 HATCHGATE LANE

WOOD STORE

TIMBER TIMBER SHED SHED

OVERHEAD ELECTRIC

HATCHGATE END

LANE STABLES

ELECTRIC

GREENHOUSE GARAGE OVERHEAD

HATCHGATE

ELECTRIC

OVERHEAD P01 xx.02.2019 ISSUED TO PLANNING

REVISIONS BLOCK PLAN 1:250@A1/1:500 @ A3 0 1 5 10

1820 New Build

Nick Hart

Hatchgate End, Hatchgate Lane RG10 8NE

TIMBER TIMBER SHED SHED

OVERHEAD ELECTRIC

HATCHGATE END

Nos. 3&4 HATCHGATE LANE

LANE

ELECTRIC

GREENHOUSE GARAGE OVERHEAD

HATCHGATE

WOOD STORE

TIMBER TIMBER SHED SHED

OVERHEAD ELECTRIC Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947

HATCHGATE END Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

LANE STABLES

ELECTRIC

GREENHOUSE GARAGE OVERHEAD HATCHGATE Planning Drawings Location and Site Plan

Planning 1:250 @ A1 OP EW JF 0 10 50 LOCATION PLAN 1:1250@A1/1:2500 @ A3 0 10 50 P01 28.03.2019 1 8 2 0 P L 0 0 1 © Copyright Fraher Architects Limited Do not scale from this drawing All dimensions to be checked on site Any discrepancies shall be immediately notified to the Architect in writing.

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

EXISTING ROOF PLAN 1:100@A1/1:200 @ A3

P01 xx.02.2019 ISSUED TO PLANNING

REVISIONS

EXISTING FIRST FLOOR PLAN 1:100@A1/1:200 @ A3 EXISTING WEST ELEVATION 1:100@A1/1:200 @ A3 EXISTING NORTH ELEVATION 1:100@A1/1:200 @ A3 1820 New Build

Nick Hart

Hatchgate End, Hatchgate Lane RG10 8NE

Nos. 3&4 HATCHGATE LANE

TIMBER TIMBER SHED SHED

OVERHEAD ELECTRIC

HATCHGATE END

LANE STABLES

ELECTRIC

GREENHOUSE GARAGE OVERHEAD

HATCHGATE

Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

Planning Drawings Existing Floor Plans and Elevations EXISTING GROUND FLOOR PLAN 1:100@A1/1:200 @ A3 EXISTING EAST ELEVATION 1:100@A1/1:200 @ A3 EXISTING SOUTH ELEVATION 1:100@A1/1:200 @ A3 Planning 1:250 @ A1 OP EW JF 0 1 5 P01 28.03.2019 1 8 2 0 P L 0 0 2 ©

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

3. WHERE A PRODUCT IS SPECIFIED TO BE OBTAINED FROM A MANUFACTURER OR SUPPLIER, THE CONTRACTOR SHALL INSTALL THE PRODUCT IN ACCORDANCE WITH THE INSTRUCTIONS 01 01 SUPPLIED BY THE THE MANUFACTURER. SHOULD THERE BE ANY VARIATION BETWEEN THE WORK SPECIFIED ON THE DRAWINGS AND THE MANUFACTURERS INSTRUCTIONS, THE CONTRACTOR SHALL REFER THE MATTER TO THE ARCHITECT FOR INSTRUCTION BEFORE PROCEEDING.

7500 14904 7500 7500 14904 7500

APPROVED PRIOR NOTIFICATION APPLICATION 01 NO. 02 02 02 TWO STOREY NEW EXTENSION : 3M DEEP 8000 8000 8000 8000

03 APPROVED APPLICATION NO.182314

EXISTING WALLS

13631 13631

WC MASTER BATHROOM PROPOSED NEW WALLS 15766 15766

BEDROOM 3 BEDROOM 4 BEDROOM 5

DRESSING DRESSING

FFL circa 89.36

HALL BATH

ROOM

BEDROOM 2 BEDROOM 1 1905 2506

5239 5434 PROPOSED FIRST FLOOR PLAN 1:100@A1/1:200 @ A3 03 PROPOSED ROOF PLAN 1:100@A1/1:200 @ A3 03

7500 14904 7500

P03 23.05.2019 ISSUED TO PLANNING 13631 P02 27.02.2019 ISSUED TO PLANNING 01 REVISIONS 02 YOGA STUDIO

6917 14904 8000 02 01 1820 New Build

GYM

WC Nick Hart 3000 13631 Hatchgate End, Hatchgate Lane

15766 RG10 8NE

UTILITY

FAMILY ROOM 01

BREAKFAST KITCHEN

LOUNGE 03

HOME CINEMA

FFL circa 86.86 15766

STUDY

HALL

DINING ROOM

STUDY

Fraher Architects Ltd. Telephone 4000 Unit F First Floor +44(0)20 82916947 Damsel House Email 5239 3077 5132 Dragonfly Place [email protected] PROPOSED GROUND FLOOR PLAN 1:100@A1/1:200 @ A3 03 SE4 2FN www.fraherandfindlay.com Planning Drawings Floor Plans, Sections, Elevations

Planning 1:100 @ A1 OMcK EW JF P03 28.03.2019 0 1 5 1 8 2 0 P L 0 0 4 © Copyright Fraher Architects Limited Do not scale from this drawing All dimensions to be checked on site Any discrepancies shall be immediately notified to the Architect in writing.

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

02 02 03

APPROVED PRIOR NOTIFICATION APPLICATION 01 NO.

HATCHGATE END HOUSE 02 TWO STOREY NEW EXTENSION : 3M DEEP 01 01 01 TILE 03 APPROVED APPLICATION NO.182314

7500 EXISTING WALLS 7500

PROPOSED NEW WALLS 4000 4000 3000

14904 PROPOSED WEST ELEVATION 1:100@A1/1:200 @ A3 PROPOSED NORTH ELEVATION 1:100@A1/1:200 @ A3

02 01 01 03 01 03TILE

BRICK BRICK BRICK 4000

4000 3000

4000

3000 P02 27.02.2019 ISSUED TO PLANNING

TIMBER REVISIONS

PROPOSED EAST ELEVATION 1:100@A1/1:200 @ A3 PROPOSED SOUTH ELEVATION 1:100@A1/1:200 @ A3 1820 New Build

Nick Hart

Hatchgate End, Hatchgate Lane RG10 8NE 03 02

DRESSING MASTER BATHROOM 4000

FAMILY ROOM HALL

Fraher Architects Ltd. Telephone PROPOSED SECTION AA 1:100@A1/1:200 @ A3 Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

Planning Drawings Proposed Sections, Elevations

Planning 1:100 @ A1 OMcK EW JF

0 1 5 P02 28.03.2019 1 8 2 0 P L 0 0 5 ©

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

APPROVED PRIOR NOTIFICATION APPLICATION 01 NO.

02 TWO STOREY NEW EXTENSION : 3M DEEP

Approximate Existing Volume : 740 metres cubed : Front View Approximate Existing Volume : 740 metres cubed : Rear View 03 APPROVED APPLICATION NO.182314

Approximate Proposed Volume + Approved Application no.182314 : 740 + 269 = 999metres cubed : Front View Approximate Proposed Volume + Approved Application no.182314 : 740 + 269 = 999metres cubed : Rear View 03

P03 23.05.2019 ISSUED TO PLANNING

P02 27.02.2019 ISSUED TO PLANNING

REVISIONS 01

1820 New Build 01 01 Nick Hart

Hatchgate End, Hatchgate Lane 03 RG10 8NE

Approximate Proposed Volume + Approved Application no.182314 + Prior Notification : 740 + 269 + 600 = 1609 metres cubed : Front View Approximate Proposed Volume + Approved Application no.182314 + Prior Notification : 740 + 269 + 600 = 1609 metres cubed : Rear View

03 02 01

Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] 01 SE4 2FN www.fraherandfindlay.com 01 02 Sketch Drawings - Massing Cert of Lawful Development

Planning 1:100 @ A1 03 OMcK EW JF P03 28.03.2019 Approximate Proposed Volume + Approved Application no.182314 + Prior Notification + Certificate of Lawful Devlopment (3m Deep Rear Extension): Approximate Proposed Volume + Approved Application no.182314 + Prior Notification + Certificate of Lawful Devlopment (3m Deep Rear Extension): 740 + 269 + 600 + 346 = 1995 metres cubed : Front View 740 + 269 + 600 + 346 = 1995 metres cubed :Rear View 1 8 2 0 P L 0 0 6 © Copyright Fraher Architects Limited Do not scale from this drawing All dimensions to be checked on site Any discrepancies shall be immediately notified to the Architect in writing.

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

Nos. 3&4 HATCHGATE LANE

01 REPLACEMENT SUMMER HOUSE

02 GARAGE RELOCATED

WOOD STORE 03 LINE SHOWN OF FRONT ELEVATION TO MAIN HOUSE

04 PROPOSED EXTENSION TO EXISTING HOUSE

OVERHEAD ELECTRIC

LANE

ELECTRIC

GREENHOUSE

OVERHEAD

HATCHGATE

ELECTRIC P02 03.04.2019 ISSUED TO PLANNING

OVERHEAD P01 28.03.2019 ISSUED TO PLANNING

REVISIONS PROPOSED BLOCK PLAN 1:250@A1/1:500 @ A3 0 1 5 10

1820 New Build

Nick Hart

Hatchgate End, Hatchgate Lane 01 02 03 RG10 8NE

OVERHEAD ELECTRIC

Nos. 3&4 HATCHGATE LANE

LANE

ELECTRIC

GREENHOUSE

OVERHEAD

HATCHGATE

WOOD STORE

OVERHEAD ELECTRIC Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

LANE

ELECTRIC

GREENHOUSE

OVERHEAD HATCHGATE Planning Drawings Proposed Location and Site Plan

Planning 1:250 @ A1 MA EW JF 0 10 50 PROPOSED LOCATION PLAN 1:1250@A1/1:2500 @ A3 0 10 50 P02 28.03.2019 1 8 2 0 P L 0 0 7 © Copyright Fraher Architects Limited Do not scale from this drawing All dimensions to be checked on site Any discrepancies shall be immediately notified to the Architect in writing.

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

P02 03.04.2019 ISSUED TO PLANNING

P01 28.03.2019 ISSUED TO PLANNING

REVISIONS

1820 New Build

1 EXISTING VOLUME OF STABLES / SUMMER HOUSE = 160 m³ 2 EXISTING GARAGE VOLUME = 147 m³ Nick Hart

NEW VOLUME OF SUMMER HOUSE+POOL = 153.7 m³ PROPOSED GARAGE VOLUME = 245.1 m³ Hatchgate End, Hatchgate Lane RG10 8NE

Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

Planning Drawings Proposed Volumes

Planning VARIOUS MA EW JF P02 28.03.2019 1 8 2 0 P L 0 0 8 ©

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT 3 STRUCTURES DURING CONSTRUCTION.

01 OFFICE: 18 m2

4 GARDEN STORE 2 02 DOUBLE GLAZED TIMBER FRAMED WINDOWS

03 BRICK CLADDING TO MATCH MAIN HOUSE

04 SLATE ROOF

PROPOSED GARAGE PLAN 1: 50@A1/1:100 @ A3 4 m 4 m

02 P02 23.05.2019 ISSUED TO PLANNING 03 P01 03.04.2019 ISSUED TO PLANNING 2.5 m 2.5 m REVISIONS

1820 New Build PROPOSED ELEVATION 1 1: 50@A1/1:100 @ A3 PROPOSED ELEVATION 2 1: 50@A1/1:100 @ A3 Nick Hart

Hatchgate End, Hatchgate Lane RG10 8NE

04 4 m 4 m 2.5 m 2.5 m

Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

PROPOSED ELEVATION 3 1: 50@A1/1:100 @ A3 PROPOSED ELEVATION 4 1: 50@A1/1:100 @ A3 Planning Drawings Garage Plan and Elevations

Planning 1:100 @ A1 MA EW JF

0 1 5 P02 03.04.2019 1 8 2 0 P L 0 0 9 © Copyright Fraher Architects Limited Do not scale from this drawing All dimensions to be checked on site Any discrepancies shall be immediately notified to the Architect in writing.

NOTES

2 HE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND IMPLEMENTATION OF ALL TEMPORARY WORKS, AND THE SAFETY AND STABILITY OF THE NEW WORKS AND ADJACENT STRUCTURES DURING CONSTRUCTION.

01 SUMMER HOUSE: 20 m2

02 POOL: 10.5 m2 POOL CHANGING ROOM

SUMMER HOUSE 03 CHANGING ROOM: 5.70 m2 4 2

04 DOUBLE GLAZED TIMBER FRAMED WINDOWS

05 BRICK CLADDING TO MATCH MAIN HOUSE

PROPOSED SUMMER HOUSE+POOL PLAN 1: 50@A1/1:100 @ A3

HATCHGATE END HATCHGATE LANE Nos. 3&4

P01 03.04.2019 ISSUED TO PLANNING 2.5 m 2.5 m REVISIONS 05

1820 New Build PROPOSED ELEVATION 1 1: 50@A1/1:100 @ A3 PROPOSED ELEVATION 2 1: 50@A1/1:100 @ A3 Nick Hart

Hatchgate End, Hatchgate Lane RG10 8NE

HATCHGATE LANE Nos. 3&4 HATCHGATE END 2.5 m 2.5 m

Fraher Architects Ltd. Telephone Unit F First Floor +44(0)20 82916947 Damsel House Email Dragonfly Place [email protected] SE4 2FN www.fraherandfindlay.com

PROPOSED ELEVATION 3 1: 50@A1/1:100 @ A3 PROPOSED ELEVATION 4 1: 50@A1/1:100 @ A3 Planning Drawings Summer House Plan and Elevations

Planning 1:100 @ A1 MA EW JF

0 1 5 P01 03.04.2019 1 8 2 0 P L 0 1 0

APPENDIX 3

Planning Statement in respect of application 191455 (JPPC, 30th May 2019)

JPPC ref: SS/6950

Planning Services Wokingham Borough Council *Submitted electronically*

Planning Portal Ref: PP-07873101 30th May 2019

Dear Sir/Madam

APPLICATION SEEKING LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED ALTERATIONS AND ENLARGEMENTS PROPOSED TO EXISTING DWELLINGHOUSE COMPRISING:

1. TWO STOREY EXTENSIONS TO FRONT ELEVATION 2. SINGLE STOREY EXTENSIONS TO SIDE OF DWELLINGHOUSE 3. TWO STOREY REAR EXTENSION; 4. ERECTION OF TWO SINGLE-STOREY INCIDENTAL OUTBUILDINGS

HATCHGATE END, HATCH GATE LANE, COCKPOLE GREEN, WARGRAVE, RG10 8NE

The application is accompanied by the following plans and documents:

- This Statement, which described why each of the operations described is considered to be lawful without the need for a further planning approval; - Drawing Ref. 1820 PL001 P01 Location Plan (1:1250 / 1:2500) and Site Plan (1:250 / 1:500) as existing; - Drawing Ref. 1820 PL002 P01 Existing Plans and Elevations (1:100 / 1:200); - Drawing Ref. 1820 PL004 P02 Proposed Floor Plans showing additions (1:100 / 1:200); - Drawing Ref. 1820 PL005 P02 Elevations and Sections as Proposed (1:100 / 1:200); - Drawing Ref. 1820 PL006 P02 Massing Drawings; - Drawing Ref. 1820 PL007 P02 Location Plan (1:1250 / 1:2500) and Site Plan (1:250 / 1:500) as proposed;

- Drawing Ref. 1820 PL008 P02 Proposed Volumes for Outbuildings; - Drawing Ref. 1820 PL009 P01 Garage Plan and Elevations (1:100 / 1:50); - Drawing Ref. 1820 PL010 P01 Summer House Plans and Elevations (1:100 / 1:50).

Background

The site lies within the village of Cockpole Green which sits approximately 2.5 miles (4.0 km) east of Henley-on-Thames and 2.7 miles north of Wargrave.

The site is indicated on the Proposals Map accompanying the Local Plan as being sited within the Green Belt. The site is not however in an area at risk of flooding, an AONB or a Conservation Area. In addition, none of the trees on or near to the site have a TPO attached to them.

The building was constructed prior to 1947 and it is not the subject of any conditions restricting its permitted development rights.

Relevant Planning History

Wokingham Borough Council issued planning permission on 15th November 2018 for householder extensions comprising the erection of extensions to the front of the building and at first floor level (WBC Ref: 182314). An excerpt from the approved plans illustrates the additions which were approved at this time:

Subsequently, the Council received an application for prior approval on 18th March 2019 to enlarge the building under The Town and Country Planning (General Permitted Development) (England) Order 2015 ("the GPDO") to take advantage of permitted development rights for larger householder extensions of up to eight metres in depth (provided under Schedule 2, Part 1, Class A) (WBC Ref: 190757). Two single-storey extensions projecting rearwards on either side of the building were shown, not exceeding 8 metres 2

in depth beyond the rear wall of the original dwelling, no more than 4 metres in height and with eaves heights varying between 3 metres and 3.25 metres:

The submission was received by the Council on 18th March 2019. As the Council did not issue a determination within 42 days following the date on which the applicable information was received, the householder would benefit from the ability to carry out the works described in the application – this was confirmed in an email to this Office from the Council’s Planning Officer on 26th April 2019 (attached as Appendix 1). Whilst the email identifies that the works must be completed on or before 30th May 2019, due to changes to the GPDO coming into force on 25th May that is no longer the case and there is no longer an expiry date by which the development must be completed.

Proposal

This application seeks to confirm that the works shown on drawing ref 1820 PL004 – PL010 would be lawful at the date of submission of this application as they are either:

1. Authorised by an extant planning permission; or 2. Permitted development by virtue of Schedule 2, Part 1 of the GPDO.

Two-storey front extension

Planning permission was granted in 2018 for enlargements to Hatchgate End comprising the enlargement of the existing two-storey front outrigger, the erection of another identical outrigger and first floor enlargement at the rear of the building. The permission will remain extant until 15th November 2021 and whilst it is subject to conditions1, Planning Practice Guidance is clear

1 Condition 5 requires that a license for development works affecting bats should be submitted to the Council before works commence, or a report identifying why such a license is not required, whilst condition 6 requires the submission and approval of a scheme for the retention and protection of trees and shrubs and the implementation of that scheme prior to the commencement of works.

that a lawful development certificate may be granted on the basis of an extant permission, subject to compliance with conditions or limitations imposed (Paragraph Ref: 011 Ref. ID 17c-011-20140306). This guidance repeats established case law that a lawful development certificate under s.192 of the Town and Country Planning Act can be granted even where there are further details for an authority to approve under an extant permission2.

Single storey side extensions

Under Schedule 2, Part 1, Class A of the GPDO, the ability to provide 2no. single storey extensions to the existing dwelling has already been established – the Council’s failure to issue a determination within 42 days of receipt of the application confirms this and this was subsequently confirmed in an email to this Office dated 26th April 2019.

Furthermore, recent changes to the GPDO, which came into force on May 25th, confirm that the ability to commence and complete single storey extensions of up to eight metres in depth subsists beyond May 30th 2019 (the permitted development right exists in perpetuity).

Two-storey rear extension

The application seeks confirmation of the ability to provide a two-storey rear extension to the existing house. The GPDO provides for such enlargement as follows:

(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P, PA or Q of Part 3 of this Schedule (changes of use);

Not applicable.

(b) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

Not applicable.

(c) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

The height of the extension will not exceed the highest part of the roof of the existing house.

(d) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

The eaves height of the extension is the same height as the eaves of the existing house.

2 Broads Authority v Secretary of State for the Environment, Transport and the Regions and David Phillips Investments Ltd (High Court, Queen’s Bench Division, 22nd May 2000 – a copy of the case summary from the Journal of Planning and Environmental Law is attached as Appendix 2. 4

(e) the enlarged part of the dwellinghouse would extend beyond a wall which— (i) forms the principal elevation of the original dwellinghouse; or (ii) fronts a highway and forms a side elevation of the original dwellinghouse;

This is not the case. The enlargement would extend to the rear of the original dwelling.

(f) subject to paragraph (g), the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or (ii) exceed 4 metres in height;

Not applicable – the enlargement in question is a two-storey extension.

(g), for a dwellinghouse not on article 2(3) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or (ii) exceed 4 metres in height;

Not applicable – the enlargement in question is a two-storey extension.

(h) the enlarged part of the dwellinghouse would have more than a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or (ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse being enlarged which is opposite the rear wall of that dwellinghouse.

The two-storey extension would extend exactly 3 metres beyond the rear wall of the original dwelling but would not sit within 7 metres of the rear boundary of the curtilage

(i) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres

The enlargement would not sit within 2 metres of the boundary.

(j) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would— (i) exceed 4 metres in height, (ii) have more than a single storey, or (iii) have a width greater than half the width of the original dwellinghouse; or 5

(ja) any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (e) to (j);

The enlargement proposed would not extend beyond a side wall of the dwelling. It is a separate enlargement to those for which prior approval is deemed to exist (and for which planning permission exists).

(k) it would consist of or include—

(i) the construction or provision of a verandah, balcony or raised platform, (ii) the installation, alteration or replacement of a microwave antenna, (iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or (iv) an alteration to any part of the roof of the dwellinghouse

The enlargement includes none of the above.

The dwelling is not on Article 2(3) land therefore none of the conditions stated at Paragraph A.2 apply.

In respect of the stated conditions (i) to (iii) at Paragraph A.3, it is intended that the external materials would be of similar appearance to those used in the construction of the exterior of the existing dwelling (brick and tile). There are no upper floor windows on the side elevations of the enlargement. The enlargement would have the same roof pitch as the original dwellinghouse

In respect of Condition (iv), the Technical Guidance issued by DCLG on Permitted Development Rights for Householders (April 2017) is clear that where a proposed two storey extension at the rear of a house has a roof joining the main roof of the original house (which is the case here) the works must meet the requirements of Class A (covering the house’s enlargement) and Class C (covering alterations to the roof) (page 9 of the Guidance).

No additional roof space is proposed by way of a dormer, either in the extension or the original house, so it is appropriate to discount the requirements of Class B.

The roof alterations meet the requirements of Class C as follows:

C.1 Development is not permitted by Class C if— (a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P, PA or Q of Part 3 of this Schedule (changes of use);

Not applicable

(b) the alteration would protrude more than 0.15 metres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

At Page 39 of the Technical Guidance, it is made clear that ‘this limitation to projection from the roof plane should not be applied in cases where the roof of an extension to a house that is permitted development under Class A is joined to the roof of the original house. In such cases, the roof of the

extensions should not be considered under Class C as protruding from the original roof’.

This would not be the case.

(d) it would consist of or include—

(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or (ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.

No such paraphernalia is proposed to be installed here.

Outbuildings

The applicant seeks confirmation of ability to erect two outbuildings under permitted development rights:

1. A garage building providing sufficient space to park three cars, along with a garden store. 2. Proposed summer house with pool and changing room.

Schedule 2, Part 1, Class E of the GPDO grants deemed permission for incidental domestic buildings, subject to the following conditions:

(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class M, N, P, PA or Q of Part 3 of this Schedule (changes of use);

Not the case in this instance.

(b) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

The total area of ground covered by outbuildings would not exceed 50% of the original curtilage.

(c) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

The proposed garage building is intended to sit to the side of the house and no part of it would sit forward of the principal elevation of the original dwellinghouse. The summerhouse/pool building would sit entirely to the rear of the dwellinghouse.

(d) the building would have more than a single storey;

Neither of the proposed buildings would be more than single storey in height.

(e) the height of the building, enclosure or container would exceed— 7

(i) 4 metres in the case of a building with a dual-pitched roof, (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or (iii) 3 metres in any other case;

The proposed garage building would have a dual-pitched roof but would not exceed 4 metres in height – it would not sit within 2 metres of the boundary of the curtilage. The pool and summer house building would have a height of 2.5 metres but with a flat roof (that building would stand adjacent to the boundary)

(f) the height of the eaves of the building would exceed 2.5 metres;

The submitted drawings show that both of the proposed incidental structures would have eaves not exceeding 2.5 metres in height.

(g) the building, enclosure, pool or container would be situated within the curtilage of a listed building;

Hatchgate End is not a listed building.

(h) it would include the construction or provision of a verandah, balcony or raised platform;

No balcony or raised platform is shown as part of the proposals.

(i) it relates to a dwelling or a microwave antenna; or

This is not proposed to be the case.

(j) the capacity of the container would exceed 3,500 litres

No such container would be provided.

E.2 In the case of any land within the curtilage of the dwellinghouse which is within—

(a) an area of outstanding natural beauty; (b) the Broads; (c) a National Park; or (d) a World Heritage Site, development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.

E.3 In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

No part of the site is within an AONB, the Broads, a National Park or a World Heritage Site therefore the limitations above are inapplicable.

Conclusion

Under s.192 of the Town and Country Planning Act 1990, a lawful development certificate should be issued by the Council confirming the ability to carry out the works described above. Whilst statute does not confirm the meaning of ‘lawfulness’, the Development Control Practice manual confirms that a development may be lawful if either there exists an extant permission for it or where the works have deemed permission (under the GPDO for example). This is the case here. All of the works proposed benefit either from an extant permission or do not require permission (prior approval has already been issued for the two single-storey domestic enlargements and for the works proposed at the front of the building).

On the basis of the above, it is clear that a lawful development certificate should be granted confirming the lawfulness of the totality of the work described above.

Yours faithfully

Simon Sharp LLB (Hons) MSc MRTPI Associate

Email: [email protected] Direct dial: 01865 322350

APPENDIX 1

APPENDIX 2

APPENDIX 4

Copy of the Council’s decision notice, 30th July 2019

TOWN AND COUNTRY PLANNING ACTS TOWN AND COUNTRY PLANNING ACT 1990: SECTION 191 AND 192

TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015: ARTICLE 39

Mr Neil Warner JPPC Jppc Bagley Croft Hinksey Hill, Oxford OX1 5BD

NOTIFICATION OF REFUSAL OF CERTIFICATE OF LAWFUL PROPOSED USE OR DEVELOPMENT Application Number: 191455 Applicant Name: Mr & Mrs N Hart Site Address: Hatchgate End, Hatch Gate Lane, Wargrave, RG10 8NE Proposal: Proposed Lawful Development Certificate for the erection of: two storey front extensions single storey side extensions two storey rear extension 2no single storey incidental outbuildings (triple garage/garden store & summer house/pool)

Wokingham Borough Council hereby certifies that on 3 June 2019 (being the date of application for this certificate), and subject to any conditions and/or informatives below, the operations described in the First Schedule to this certificate in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate, would not have been lawfulwithin the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason(s): 1. The proposal constitutes development and thus requires planning permission. Permission is available under Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015. However, the single storey side extensions and two storey rear extension are interconnecting. Also, the single storey side extensions are more than half the width of the original semi-detached houses. As a result, the proposal is not in accordance with Schedule 2 (Part 1) (Class A) with respect to parts (f), (g), (h), (i) and (j) of the Order. FIRST SCHEDULE Proposal: Proposed Lawful Development Certificate for the erection of: two storey front extensions single storey side extensions two storey rear extension 2no single storey incidental outbuildings (triple garage/garden store & summer house/pool)

SECOND SCHEDULE Address: Hatchgate End, Hatch Gate Lane, Wargrave, RG10 8NE

Signed

Clare Lawrence Assistant Director - Place Date: 29 July 2019

PLEASE READ THE NOTES ISSUED WITH THIS DECISION NOTICE BELOW TOWN AND COUNTRY PLANNING ACTS TOWN AND COUNTRY PLANNING ACT 1990: SECTION 191 AND 192

TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015: ARTICLE 39

Other statutory legislation: This decision notice relates to the above stated acts and regulations only and does not constitute approval under any other legislation.

The Town & Country Planning (Development Management Procedure) Order: This decision has been made in accordance with the requirements of the National Planning Policy Framework (NPPF) and in the requirement to work with the applicant in a positive and proactive manner.

Officer Report: An officer report explaining the decision will be available to view online.

Appeals to the Secretary of State: If your application has been refused by the Borough Council or granted subject to conditions that you are not happy with, you have the right to appeal to the Planning Inspectorate (under Section 78 of the Town and Country Planning Act 1990 or Section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990). There is no time limit for the submission of appeals in respect of certificates of lawful proposed use/development.

The Planning Inspectorate is an Executive Agency reporting to the Secretary of State for Communities and Local Government. The Inspectorate has an online appeals service: https://www.gov.uk/government/organisations/planninginspectorate which contains information and guides on the appeal process. Alternatively you can obtain a form from the Planning Inspectorate at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN, 0303 444 5000 or online at https://acp.planninginspectorate.gov.uk/. Please note all documents will be published online by the Planning Inspectorate and therefore you should not include personal information you do not wish to be displayed in this way. This includes personal information of third parties.

APPENDIX 5

Officer’s Report for application 191455, 29th July 2019

DELEGATED OFFICER REPORT

App Number: 191455 Site Address: Hatchgate End, Hatch Gate Lane, Wargrave, RG10 8NE Expiry Date: 29 July 2019 Proposal: Proposed Lawful Development Certificate for the erection of: two storey front extensions; single storey side extensions; two storey rear extension; 2no single storey incidental outbuildings (triple garage/garden store & summer house/pool).

PLANNING CONSTRAINTS/STATUS  Designated Countryside and Green Belt  Contaminated land consultation zone  Heathrow aerodrome consultation zone  Groundwater protection zone  Bat consultation zone  Landscape character assessment area

PLANNING POLICY/LEGISLATION Town and Country Planning Act 1990 (as amended) Section 55 Provides that ‘development’ includes the carrying out of building operations on land, and ‘building operations’ includes structural alterations or additions to buildings. Section 57 Planning permission is needed for all development of land Section 187a Enforcement for breach of conditions Section 192 Applications for Certificates of Lawfulness of proposed use or development Section 191 Defines operations as ‘lawful’ if: (a) No enforcement action may be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and (b) They do not constitute a contravention of any of the requirements of any enforcement notice then in force. The Town and Country Planning (General Permitted Development) (England) Order 2015 Article 3 In conjunction with Schedule 2 (Part 1) (Class A) grants planning permission for the “enlargement, improvement or other alteration of a dwellinghouse”. Article 4 Provides that the planning authority may give direction to restrict the effect of Article 3.

PLANNING HISTORY The two storey cottage on the property was originally constructed as a semi-detached building comprising two dwellings. Council’s records show that the building was constructed sometime after 1933 but before 1947 which has been confirmed in the page 2 of Planning Statement submitted in support of the planning application. Currently the property is a single detached dwellinghouse located within a large plot.

A planning application 06734 was approved for no. 1 Hatchgate Farm Cottage (left half of the current property) for the proposed erection of garage, workshop, laundry, 1 greenhouse and lobby on 25/08/1977. Condition 4 removed permitted development rights from the building:

“Notwithstanding the provisions of the Town and Country Planning General Development Order 1977, no further additions or extensions to the dwelling shall be built without the prior permission of the District Planning Authority”.

However, this permission was not implemented and as such the PD rights are not affected.

Site plan submitted with application 06734

In 1988, the pair of semis were converted into one dwelling with under building regulations approval BRA6382 but no planning permission was sought to regularise the conversion.

2 Location plan submitted with application 32737 for change of use

In 1989, planning permission was refused for change of use of land at rear of the residential curtilage from agricultural to residential (ref. no. 32737). However, a barn and stables were allowed on the said land (ref. no. 34238) conforming to the land’s agricultural use.

Planning application F/1996/63798 was refused for the erection of a linked double garage with studio over on 20/06/1996. A 3 bay garage was later approved under building regulations (ref. no. FP99/8536) on 16/03/1999.

In 2018, planning permission was granted for the erection of two storey front extension and first floor rear extension following demolition of part of the existing dwelling (ref. no. 182314). This permission includes planning conditions but no restriction on PD rights was imposed.

In 2019, a prior approval (ref. no. 190757) was issued by default for two no. single storey side extensions on either side of the building that would extend beyond the original rear wall by 8m.

The current application seeks lawful development certificate for two storey front extensions approved under 182314, both side extensions approved by default under 190757 plus erection of a two storey rear extension that would extend from the rear wall by 3m and erection of 2 detached outbuildings, one of which would be a replacement garage.

App No. Description Decision/Date 06734 Garage, workshop, laundry, greenhouse Conditional approval and lobby on 25/08/19771 31936 Two storey rear and side extension Application withdrawn BRA 6382 Building regulations application for Approved on alterations and extensions to provide 1 08/12/1988 dwelling 32737 Change of use of agricultural land to the Refused on rear of the dwelling to garden 10/05/1989 34238 Barn and stables Conditional approval on 22/11/1989 F/1996/63798 Double garage with studio over and link to Refused on dwelling 20/06/1996 FP99/8536 Building regulations application for the Approved on erection of 3 bay garage 16/03/1999 172206 Householder application for proposed Application withdrawn erection of two storey front extensions to on 09/10/2017 dwelling, first floor demolition of existing dormer wing and alteration to existing windows. 182314 Householder application for proposed Approved on erection of two storey front extensions and 15/11/2018

1 Condition 4 included restriction on PD rights. However, the permission was not implemented. 3 first floor rear to dwelling, following demolition of existing two storey rear element and bay window. 190757 Application for the prior approval for 2 Deemed consent – proposed larger home extensions which out of time would extend beyond the rear wall of the 26/04/2019 original house by 8m for which the maximum height would be 4m and the maximum height of the eaves 3m.

CONSULTATION RESPONSES Nil. REPRESENTATIONS Nil.

PROPOSAL The application involves the following works that are proposed to be undertaken as permitted development in Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015:

Under Class A

 Single storey side extensions, one on each side, to form study, gym, yoga studio, home cinema, wc and utility.  Two storey rear extension comprising an enlarged kitchen, family room and lounge the ground floor and three enlarged bedrooms with an additional en- suite and bathroom on the first floor.

Under Class E

 Triple garage to the south of the dwelling following demolition of existing detached garage.  Summer house with indoor pool to the west of the dwelling.

The application also seeks lawful development certificate for two no. two storey front extensions since these are permitted by an extant planning permission (182314) subject to planning conditions.

ASSESSMENT – PART A (single storey side extension) Part Criteria Yes No s.55 1 Does it constitute development?  s.191 2 Would it be contrary to an enforcement notice?  s.187a 3 Would it be contrary to any condition imposed by any  Art.3 (4) planning permission granted or deemed to be granted? Art.3 4 Are the building operations involved in the construction of x2 (5) the original building lawful? Art.3 (6) 5 Does it involve the formation, laying out or material x3

2 No planning history is available for the conversion of the pair of semis into one detached dwelling. It appears that the conversion was done with building regulation approval. 4 widening of a means of access to an existing highway which is a trunk or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons? Art.4 6 Is there an ‘Article 4 Direction’ in effect for the site?  Sch.2 7 Does it consist of enlargement, improvement or other  Pt. 1 A alteration of a dwelling house? A.1(a) 8 Has permission to use the dwelling house as a dwelling  house been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use)? A.1(b) 9 Would the total area of ground covered by buildings  (other than the original dwelling) exceed 50% of the total area of the curtilage? A.1(c) 10 Would the height of the part of the dwelling house  enlarged, improved or altered exceed the height of the highest part of the roof of the existing dwelling house? A.1(d) 11 Would the height of the eaves of the part of the dwelling  house enlarged, improved or altered would exceed the height of the eaves of the existing dwelling house? A.1(e) 12 Would the enlarged part of the dwelling house extend beyond a wall which - (i) fronts the principal elevation of the original house; or  (ii) fronts a highway and forms a side elevation of the  original dwelling house? A.1(f) 13 If the enlarged part of the dwelling house is single storey, would it either: (i) extend beyond the rear wall of the original dwelling house by more than: x 4 metres in the case of a detached dwelling house; or (ii) exceed 4 metres in height A.1(g) 14 For a dwelling house not in article 2 (3) land (incl conservation area) if the enlarged part of the dwelling house is single-storey, would it either (i) extend beyond the rear wall of the original dwelling house by more than: x 8 metres in the case of a detached dwelling house 6 metres in the case of any other dwelling house; or (ii) exceed 4metres in height A.1(h) 15 If the extension would be more than a single storey would it: (i) extend beyond the rear wall of the original dwelling x house by more than 3 metres, or (ii) be within 7 metres of the rear boundary of the curtilage. A.1(i) 16 Would the enlarged part of the dwelling house be within 2 x metres of the boundary with an eaves height in excess of 3 metres?

3 The access of the property falls within the Borough of Windsor and Maidenhead and any alteration to the existing access would require the concern Borough’s permission. 5 A.1(j) 17 Would the enlarged part of the dwelling house extend beyond a wall forming a side elevation of the original dwelling house and: (i) exceed 4 metres in height, x (ii) have more than a single storey, or x (ii) have a width greater than half the width of the x original dwelling house A.1(k) 18 Would the development consist of or include: (i) the construction or provision of a verandah,  balcony or raised platform, (ii) the installation, alteration or replacement of a  microwave antenna, (iii) the installation, alteration or replacement of a  chimney, flue or soil and vent pipe, or (iv)an alteration to any part of the roof of the dwelling  house. 22 Would it affect or be within the Root Protection Area of a  TPO’d tree? * Does not affect Article 3 permission but separate TPO approval will likely be needed. NOTES A.1(b): In the supporting drawing, the residential curtilage is shown to include a large parcel of land to the rear (west) of the dwelling. This is wrong. As can be seen from the planning history section, the land to the rear of the dwelling is agricultural and permission for change of use to residential has never been granted. As such, the residential curtilage for this property should be as below:

A.1(e): The principal elevation faces eastwards and is parallel to the roadway. Extensions are proposed on either side of the dwelling and would face the road.

A.1(f), (g), (h), (i) and (j): The single storey side extensions are built onto and connect

6 with the south eastern as well as north western corners of the original dwelling, which are proposed to be retained. Likewise, the two storey rear extension will be built onto and connect with the same corners of the building. The structural works required to accommodate the loads imposed by the existing dwelling and the one and two storey extensions proposed as part of this certificate are such that they will be interconnecting, with supports built into this corner of the building, Whilst the single storey side extensions accord with part (f) when considered on their own, the fact that they are interconnecting with the two storey extension renders them non-compliant with parts (f), (g), (h) (i) and (j).

A.1(j): The two storey side extensions proposed as part of this certificate considers the detached dwelling as original and the width of the extensions proposed are half of the width of the detached building. However, as can be seen from the planning history section, the original dwelling was not a detached but a pair of semis and as such, each side extension should be half of the width of the original semi-detached houses. As such, the excessive width of the two side extensions renders them non-compliant with part (j).

ASSESSMENT – PART A (two storey rear extension) Part Criteria Yes No s.55 1 Does it constitute development?  s.191 2 Would it be contrary to an enforcement notice?  s.187a 3 Would it be contrary to any condition imposed by any  Art.3 (4) planning permission granted or deemed to be granted? Art.3 4 Are the building operations involved in the construction of x (5) the original building lawful? (foot- note 2) Art.3 (6) 5 Does it involve the formation, laying out or material x widening of a means of access to an existing highway (foot- note which is a trunk or classified road, or creates an 3) obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons? Art.4 6 Is there an ‘Article 4 Direction’ in effect for the site?  Sch.2 7 Does it consist of enlargement, improvement or other  Pt. 1 A alteration of a dwelling house? A.1(a) 8 Has permission to use the dwelling house as a dwelling  house been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use)? A.1(b) 9 Would the total area of ground covered by buildings  (other than the original dwelling) exceed 50% of the total area of the curtilage? A.1(c) 10 Would the height of the part of the dwelling house  enlarged, improved or altered exceed the height of the highest part of the roof of the existing dwelling house? A.1(d) 11 Would the height of the eaves of the part of the dwelling  house enlarged, improved or altered would exceed the height of the eaves of the existing dwelling house? A.1(e) 12 Would the enlarged part of the dwelling house extend beyond a wall which - (i) fronts the principal elevation of the original house; or  7 (ii) fronts a highway and forms a side elevation of the  original dwelling house? A.1(h) 15 If the extension would be more than a single storey would it: (i) extend beyond the rear wall of the original dwelling x house by more than 3 metres, or  (ii) be within 7 metres of the rear boundary of the curtilage. A.1(i) 16 Would the enlarged part of the dwelling house be within 2 x metres of the boundary with an eaves height in excess of 3 metres? A.1(j) 17 Would the enlarged part of the dwelling house extend beyond a wall forming a side elevation of the original dwelling house and: (i) exceed 4 metres in height, x (ii) have more than a single storey, or x x (ii) have a width greater than half the width of the original dwelling house A.1(k) 18 Would the development consist of or include: (i) the construction or provision of a verandah,  balcony or raised platform, (ii) the installation, alteration or replacement of a  microwave antenna, (iii) the installation, alteration or replacement of a  chimney, flue or soil and vent pipe, or (iv)an alteration to any part of the roof of the  dwellinghouse. 22 Would it affect or be within the Root Protection Area of a  TPO’d tree? * Does not affect Article 3 permission but separate TPO approval will likely be needed. NOTES A.1(b): See comments above.

A.1(d): The extension extends to but does not exceed the eaves of the existing dwelling

A.1(j): See comments above in relation to parts A.1(f), (g), (h) (i) and (j).

ASSESSMENT – PART E (garage) Yes No s.55 1 Does it constitute development?  s.191 2 Would it be contrary to an enforcement notice?  s.187a 3 Would it be contrary to any condition imposed by any  Art.3 planning permission granted or deemed to be granted? Art.3 4 Are the building operations involved in the construction of x (5) the dwelling house lawful? (see above) Art.4 5 Is there an ‘Article 4 Direction’ in effect for the site?  Art.4 6 Is it within the curtilage of the dwelling house? 

8 Sch.2 10 Does the development comprise a building or enclosure,  Pt. 1 swimming or other pool, or the maintenance, improvement E.a or other alteration of such a building or enclosure? Sch.2 11 Is the building, enclosure, swimming or other pool required  Pt. 1 for a purpose incidental to the enjoyment of the dwelling E.a house as such? E.1(a) 12 Has permission to use the dwelling house as a dwelling  house been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use)? E.1(b) 13 Would the total area of ground covered by buildings,  enclosures and containers within the curtilage (other than the original dwelling house) exceed 50% of the total area of the original curtilage (excluding the original dwelling)? E.1(c) 14 Would any part of the building, enclosure, pool or container  be situated on land forward of a wall forming the principal elevation of the original dwelling house? E.1(d) 15 If it is a building would it have more than one storey?  E.1(e) 16 Would the height of the building, enclosure or container exceed:  (i) Four metres in the case of a building with a dual-  pitched roof (ii) 2.5 metres in the case of a building, enclosure or container within two metres of the boundary of the  curtilage of the dwelling house? (iii) Three metres in any other case? E.1(f) 17 Would the height of the eaves of the building exceed 2.5  metres? E.1(g) 18 Would the building, enclosure, pool or container be situated  within the curtilage of a listed building? E.1(h) 19 Would the development include the construction or provision  of a veranda, balcony or raised platform? E.1(i) 20 Would it relate to a dwelling?  E.1(i) 21 Would it relate to a microwave antenna?  23 Would it affect or be within the Root Protection Area of a  TPO’d tree? NOTES Sch.2 Pt. 1 E.a: The garage is viewed as incidental to the enjoyment of the dwelling house. The garage would replace a similar 3 bay garage and would have a footprint of 75.8 sq.m which would be 60% of the original dwellinghouse. Its scale is therefore considered to be subordinate or ancillary to the main dwelling house.

s.187a Art.5: The historic conversion of the pair of semis does not have a planning permission and has been done in past using building regulation approval only. E.1(c): The garage does not exceed the front building line of the dwelling.

E.1(e): The roof is dual pitch and has a maximum height of 4.0m, as measured from the highest ground level immediately adjacent to the building, enclosure, or container to its highest point in accordance with the technical guidance.

ASSESSMENT – PART E (summer house with indoor pool) Yes No s.55 1 Does it constitute development?  9 s.191 2 Would it be contrary to an enforcement notice?  s.187a 3 Would it be contrary to any condition imposed by any  Art.3 planning permission granted or deemed to be granted? Art.3 4 Are the building operations involved in the construction of X (see (5) the dwelling house lawful? above) Art.4 5 Is there an ‘Article 4 Direction’ in effect for the site?  Art.4 6 Is it within the curtilage of the dwelling house?  Sch.2 10 Does the development comprise a building or enclosure,  Pt. 1 swimming or other pool, or the maintenance, improvement E.a or other alteration of such a building or enclosure? Sch.2 11 Is the building, enclosure, swimming or other pool required  Pt. 1 for a purpose incidental to the enjoyment of the dwelling E.a house as such? E.1(a) 12 Has permission to use the dwelling house as a dwelling  house been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule (changes of use)? E.1(b) 13 Would the total area of ground covered by buildings,  enclosures and containers within the curtilage (other than the original dwelling house) exceed 50% of the total area of the original curtilage (excluding the original dwelling)? E.1(c) 14 Would any part of the building, enclosure, pool or container  be situated on land forward of a wall forming the principal elevation of the original dwelling house? E.1(d) 15 If it is a building would it have more than one storey?  16 Would the height of the building, enclosure or container E.1(e) exceed: (i) Four metres in the case of a building with a dual-  pitched roof  (ii) 2.5 metres in the case of a building, enclosure or container within two metres of the boundary of the curtilage of the dwellinghouse? (iii) Three metres in any other case?  E.1(f) 17 Would the height of the eaves of the building exceed 2.5  metres? E.1(g) 18 Would the building, enclosure, pool or container be situated  within the curtilage of a listed building? E.1(h) 19 Would the development include the construction or provision  of a veranda, balcony or raised platform? E.1(i) 20 Would it relate to a dwelling?  E.1(i) 21 Would it relate to a microwave antenna?  23 Would it affect or be within the Root Protection Area of a  TPO’d tree?

NOTES Sch.2 Pt. 1 E.a: Part E.4 notes that for the purposes of Class E, “any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such”. A summer house with indoor pool fits within this definition.

The footprint of the building measures 60 sq.m, which is 47% the size of the original dwelling house. Its scale is therefore considered to be subordinate or ancillary to the 10 main dwelling house. s.187a Art.5: See comments above.

Two storey front extension:

As part of this certificate, the applicant seeks to confirm the lawfulness of two storey front extension that was granted conditional approval on 15/11/2018. Subject to satisfactory fulfilment of all conditions including pre-commencement conditions 5 and 6, this development would be lawful provided the development commences on or before 14/11/2021 (as per condition 1 of the original consent).

CONCLUSION The proposal constitutes development and thus requires planning permission. Permission is available under Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015. However, the single storey side extensions and two storey rear extension are interconnecting. Also, the single storey side extensions are more than half the width of the original semi-detached houses. As a result, the proposal is not in accordance with Schedule 2 (Part 1) (Class A) with respect to parts (f), (g), (h), (i) and (j) of the Order.

RECOMMENDATION Recommendation: Refusal Date: 29 July 2019 Earliest date for decision: N/A

Recommendation agreed by: (Authorised Officer)

Date: 29.7.19