Successful Appeal: Retrospective Residential Curtilage Use Allowed in the North Wessex Downs

At Bluestone Planning, we are always pleased to share examples of positive appeal outcomes, particularly where they relate to sensitive landscapes. In this case, we represented our client in an appeal (by written representation) against the refusal of planning permission for the retrospective change of use of land to residential curtilage. The Inspector ultimately allowed the appeal, securing a valuable permission for our client.

Background to the Case

The appeal site is located just outside the settlement boundary of East Garston, within the North Wessex Downs National Landscape (NWDNL) and the Upper Valley Floor Landscape Character Area. The property sits adjacent to a public footpath, although views of the land in question are filtered and partially screened by intervening hedgerows and fields.

West Berkshire District Council had refused the original planning application on the grounds that the extension of curtilage would result in harmful encroachment into the countryside, thereby adversely affecting the character and appearance of the area and the wider protected landscape.

The Main Issue Considered

The Inspector identified the central issue as the effect of the development on both:

1. The character and appearance of the site and surrounding countryside; and

2. The scenic beauty and special qualities of the North Wessex Downs National Landscape.

   
   

The Council argued that allowing the change of use would erode the rural setting and set an undesirable precedent for incremental expansion of residential uses into the countryside.

The Inspector’s Findings

The Inspector, however, reached a different conclusion, based on several key observations:

• Screening and Views: the appeal site is largely screened from public vantage points. Where glimpses are possible, they are read in the context of neighbouring residential properties, reducing any perceived encroachment.

• Scale of Extension: the extension of curtilage was modest in scale and did not materially alter the rural setting of the village or urbanise the countryside.

• Landscape Character: importantly, the surrounding field pattern and the agricultural character of the area were found to remain intact, ensuring that the overarching rural landscape character was preserved.

• Policy Compliance: the Inspector concluded that the proposal accorded with relevant local planning policies, including Core Strategy Policy ADPP1 and Housing Site Allocation DPD Policy C8. Policy C8 makes clear that curtilage extensions should not harm the character and local distinctiveness of the countryside or the property’s wider landscape setting - a test that the appeal scheme was judged to have passed.

  
  

Outcome

The appeal was allowed, with conditions attached. These included the removal of permitted development rights for further outbuildings, enclosures or hard surfacing, thereby ensuring that any future changes to the land would be subject to full planning control and further scrutiny.

Key Takeaways

This decision offers several useful lessons for applicants and landowners facing similar challenges:

• Landscape Sensitivity Does Not Automatically Mean Refusal: development within a protected landscape, such as the NWDNL, will always be scrutinised closely. However, proposals can succeed if the scale is modest, the design respects the setting and robust evidence is presented to demonstrate limited harm.

• Screening and Context Matter: the Inspector placed weight on the fact that the site was well-screened and that views were read in the context of nearby homes. This shows the importance of carefully assessing site visibility and the wider visual context at an early stage.

• Policy Interpretation is Key: local policies such as Policy C8 seek to prevent harmful suburbanisation of rural areas. However, as this case shows, they are not intended to prevent all curtilage extensions, only those with a demonstrable adverse effect.

• Appeals Can Overturn Refusals: even where a planning application is initially refused, a carefully prepared and well-presented appeal can succeed. This case underlines the importance of persistence and professional representation in securing positive outcomes.

  
  

Final Thoughts

We are delighted to have secured this result for our client. It demonstrates that, with the right approach, planning appeals can succeed even in sensitive and highly protected landscapes. For landowners and applicants, the key message is clear: initial refusals do not necessarily mark the end of the road.

Appeal reference: 3352817 - full decision available on request.

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Appeals are rarely straightforward, they require careful preparation, clear evidence and a well-presented argument that addresses both local concerns and wider policy objectives. As our recent success shows, even in sensitive locations such as National Landscapes, it is possible to overturn refusals where the planning balance weighs in favour of the proposal.

If you are facing a refusal or are considering whether an appeal is the right next step, we would be happy to advise on how best to present your case.

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