Car port held to be inappropriate green belt development

In dismissing an appeal involving the erection of a three bay car port at a dwelling in the Hertfordshire green belt an inspector has refused to accept the appellant's claim that it formed an extension or alteration to an existing building.

Ancillary buildings and structures within the curtilage of a dwelling were not referred to in the national planning policy framework (NPPF) so the inspector considered the judgment in Sevenoaks District Council v Secretary of State for Environment and Dawe [1997] which related to an extension to an existing garage building. The court held that the existing garage was part of the dwelling and accordingly fell within the definition of an extension of an existing house under previous guidance in PPG2 on green belts.

Whilst paragraph 89 of the NPPF referred to an extension or alterations of buildings the inspector decided that the car port was not an extension or an alteration of a building and since there was no mention of curtilage or ancillary structures it was by definition inappropriate to the green belt. Although the car port would be open on three sides it would reduce the openness of the area and this added to her decision to dismiss the appeal.

Inspector: Hilda Higenbottam; Written representations

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