Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Site visit made on 25 November 2021 by Robert Fallon B.Sc. (Hons) PGDipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 04 March 2022 Appeal Ref: APP/P0240/W/20/3262089 Land to the rear of 33 Shortmead Street, Biggleswade, SG18 0AT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Welbourne (C & A Robert (Holdings) Ltd) against the decision of Central Bedfordshire Council. • The application Ref CB/20/02285/FULL dated 3 July 2020, was refused by notice dated 2 September 2020. • The development proposed is described on the application form as “Converting the existing workshop into two dwellings, with partial demolition of existing workshop, and erection of detached barn cottage.” Decision 1. The appeal is dismissed. Procedural matters 2. I have dealt with another appeal on the site which is the subject of a separate decision1. The difference between both appeals is the design and layout of the proposed dwelling on plot 3. 3. For clarity, I have used the development description shown on the application form, which differs from that on the decision notice and appeal form. 4.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Different versions of the site address are shown on the planning application form, appeal form and decision notice. I have used the address given on the planning application form, which also corresponds with the previous appeal at the site2 (‘the previous appeal’). The difference between the previous appeal and that before me is the design and layout of the proposed dwelling on plot 3. 5. The proposed site layout drawings in the design & access statement (Rev D), the tree protection plan drawing (TPP WM 03) and the development access drawing (20028/01 Rev A) show the proposed dwelling on plot 3 with its two storey element to the southern half of the building and the single storey element to the northern half. However, these do not accord with the proposed site layout drawing (0519-L3K Rev K), the proposed floor plans plot 3 drawing (0519-P7A), the proposed elevations & sections plot 3 drawing (0519-P8A), proposed front elevation plot 03 – materials drawing (0519-P9), the proposed elevations & floor plans drawings for plot 3 in the design & access statement (Rev D), the proposed site layout & elevations drawings for plot 3 in the 1 Ref: APP/P0240/W/21/3270059. 2 Ref: APP/P0240/W/20/3257024.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions https://www.gov.uk/planning-inspectorate

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions https://www.gov.uk/planning-inspectorate Appeal Decisions APP/P0240/W/20/3262089 appellant’s appeal statement and the proposed site layout & elevations drawings for plot 3 in the appellant’s further comments statement, which show the proposed dwelling on plot 3 with its two storey element to the northern half of the building and the single storey element to the southern half. For the avoidance of doubt, I have considered the scheme on the basis of the latter documents, which represent the bulk of the submission drawings and is the basis upon which the Council has considered the scheme and the appellant has responded in its appeal submission. 6. Following the appeal statement and comment deadlines, the appellant supplied details of a recently granted planning permission for the residential conversion of the existing workshop3 (‘the 2021 planning permission’). The Council was given the opportunity to comment on this and I have taken this information into consideration. I am satisfied that dealing with the appeal on this basis is in the interests of proper planning and has not prejudiced the interests of any party. 7.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions The Council has confirmed that the Core Strategy and Development Management Plan4 was superseded by the new Local Plan adopted on 22 July 20215, with the following policies of particular relevance to the appeal;- SP1, SP7, HE3, HQ1 and HQ8. The appellant has not contested the relevance of the policies referred to. Further consultation was not carried out with neighbours or other interested parties as the Local Plan adoption has not resulted in any changes to the proposed scheme. As a consequence, my determination of this appeal is now against the Local Plan policies referred to by the Council and I am satisfied this has not prejudiced the interests of any party. 8. Since the appeal was submitted, a revised version of the Framework6 has been published. The appellant has been given the opportunity to comment on this and I have taken their response into account. It was not necessary to consult the Council in respect of the revised Framework as its appeal statement makes reference to it, having been drafted after it was published. Main issues 9.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions The main issues are the effect of the development on: • the character and appearance of the area, with particular regard to plot 3; and • the living conditions of adjoining occupiers at plot 30 on the new development to the west of the site and future occupiers of the dwelling on plot 3, with particular regard to visual impact and outlook. Reasons Appeal site context 10. The appeal site falls within a predominantly residential area (with occasional commercial and retail uses) and partly within the Biggleswade Conservation Area (‘the conservation area’). It contains a late 19th/early 20th Century two- storey workshop building (‘the workshop building’), which is identified as a 3 Planning Permission CB/21/03195/FULL dated 27 October 2021. 4 Core Strategy and Development Management Policies, November 2009, Central Bedfordshire Council. 5 Central Bedfordshire Council Local Plan 2015-2035, adopted July 2021. 6 National Planning Policy Framework, Ministry of Housing, Communities and Local Government, July 2021. https://www.gov.uk/planning-inspectorate 2

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Appeal Decisions APP/P0240/W/20/3262089 non-designated heritage asset by the Council. The appellant has not disputed this classification and I see no reason to disagree given its age, attractive traditional appearance and positive contribution it makes to the character of the conservation area. Character and appearance, with particular regard to plot 3 11. Shortmead Street is characterised by a strong 2 and 3 storey built-form frontage that directly abuts or lies within close proximity of the public highway. The urban grain is tight, with limited gaps between buildings and terraces of narrow fronted dwellings. This frontage is punctuated by several narrow private lanes and adopted highways which lead to further residential and ancillary development behind, some of which (particularly older buildings) was developed in such a way to maximise the use of limited space and therefore has an irregular form & layout and constrained tight-knit appearance. 12. The proposed dwelling on plot 3 (‘the proposed dwelling’) would have a small barn type character not uncommon among ancillary buildings set behind more formal historic residential and commercial primary frontages.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions The materials proposed would also be sensitive to the locale and not appear out of place with the adjacent workshop building or wider area. 13. Although the proposed dwelling would wrap around the western corner of the site in close proximity to the plot boundaries and have a compact tight-knit appearance that seeks to maximise use of the plot, I would not consider this to be out of character with the pattern of other backland buildings in the area, which includes the adjacent workshop building. 14. The proposed dwelling would also help to provide a greater degree of enclosure at the end of this narrow lane and constitute an attractive built-form terminus, utilising a design that I consider to be more in keeping with the character of the conservation area than the modern residential development that is visible to the west. The scheme’s private garden would also be in a less conspicuous position than that proposed in the scheme dismissed at the previous appeal, now being positioned behind the rear garden of No 43. 15. The Council states that the cramped form of plot 3 can be demonstrated by its living room doors opening out onto the parking area.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions However, I do not consider this to be an unusual arrangement in a small residential mews with an irregular layout. 16. The Council has sought to further reinforce its concerns relating to the cramped form of plot 3 by stating that its private garden area falls under the 50sqm and 10 metre depth referred to in the Council’s design guide7. However, this document states that it may not always be possible to meet these standards in all locations, such as infill sites, but that in these cases, one of the standards should be met as a minimum. I recognise that the proposed dwelling on plot 3 would not achieve this, but am nonetheless satisfied for the reasons stated above that the scheme would not be out of keeping with the character of the area. Set against this context, I have noted that the Council has not refused the scheme on the basis of inadequate amenity space for future occupants, and in view of its small scale and central location on an infill plot in close proximity 7 Central Bedfordshire Design Guide, A guide for designing high quality new developments, September 2014, Central Bedfordshire Council. https://www.gov.uk/planning-inspectorate 3

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Appeal Decisions APP/P0240/W/20/3262089 to local parks, leisure and sporting facilities, I see no reason to take a different view. 17. In view of the above, I conclude that the scheme would:- (a) have a neutral impact on the conservation area and non-designated heritage asset workshop building; (b) preserve the character of the conservation area in accordance with S72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990; (c) not be harmful to the setting of the conservation area; and (d) not be harmful to the character & appearance of the area. The proposal would therefore accord with Policies HQ1, HQ8 and HE3 of the Local Plan, which collectively seek, amongst other things, to ensure that developments reinforce local distinctiveness, are of a high quality design, complement the existing pattern & grain of the area and preserve the special character of designated & non-designated heritage assets. 18.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions I also find that the scheme accords with the Council’s Design Guide and Paragraphs 130 & 197 Framework, which collectively seek, amongst other things: (a) development that is visually attractive and sympathetic to local character; (b) schemes that maintain a strong sense of place; and (c) account taken of the desirability of sustaining the significance of heritage assets. Living conditions, with particular regard to plot 30 and plot 3 19. The proposed dwelling on plot 3 would be significantly higher than the dividing garden fence with plot 30 and set just inside this. By reason of its close proximity, height and mass, it would appear visually intrusive and oppressive to the occupants of plot 30 when looking out of their ground floor rear elevation window/door openings and when using their rear garden and as consequence, be harmful to their living conditions. 20. However, given that the main outlook from the proposed dwelling on plot 3 is to the east, I am satisfied that its close proximity to the dwelling on plot 30 would not harm the living conditions of its future occupants. 21. In view of the above, I conclude that the development would be harmful to the living conditions of neighbouring occupiers on plot 30.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions The proposal would therefore conflict with Policies HQ1 and HQ8 of the Local Plan, which seek, amongst other things, to ensure a good standard of amenity for all existing occupants of land and buildings. 22. I also find that the scheme conflicts with Paragraph 130 of the Framework which states that planning decisions should create places with a high standard of amenity for existing users. Planning balance 23. The Local Plan was recently adopted and I am satisfied that the policies referred to are consistent with the Framework. As I consequence, I have attached full weight to the relevant Local Plan policies and am satisfied that the proposal conflicts with the development plan when taken as a whole. Furthermore, the Council has confirmed that it has an up-to-date 5-year housing land supply and I have noted that the appellant has not supplied any substantive evidence to dispute this. 24. The appellant states that housebuilding and delivery rates have slowed down due to the national Covid pandemic, Brexit, material delays due to construction https://www.gov.uk/planning-inspectorate 4

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Appeal Decisions APP/P0240/W/20/3262089 of HS2 and local authority delays in processing applications. However, I have noted that the delivery of housing in Central Bedfordshire was above its requirement over the previous three years8. This means that the Framework’s presumption in favour of sustainable development does not apply. 25. The scheme would result in the reuse of a brownfield site, which I have given substantial weight to in my consideration in accordance with Paragraph 120 of the Framework, and constitute an efficient use of land as supported by Paragraph 124. I also recognise that the scheme would result in other benefits from; - (a) a contribution towards the Council’s housing land supply; (b) future occupiers contributing to the vitality and viability of shops, services, facilities, businesses and community organisations; and (c) local employment during construction.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions However, given the low number of housing units proposed and that the existing workshop building can still be converted in accordance with the 2021 planning permission, I consider these benefits to be of limited value and that the adverse impacts of the scheme would outweigh these, when assessed against the policies in the development plan and Framework when taken as a whole. 26. In accordance with Section 72 (1) of the 1990 Planning (Listed Buildings and Conservation Areas) Act 1990 (see above), I have also given considerable importance and weight to the desirability of preserving or enhancing the character or appearance of the conservation area when carrying out my balancing exercise. Set against this context, I am satisfied that the dismissal of this scheme will not result in a lost opportunity to reuse the non-designated heritage asset workshop building within the conservation area as it will still be open to the appellant to convert this in accordance with the 2021 planning permission. 27. In view of the above, I conclude that the proposal does not accord with the development plan and that other material considerations do not indicate that the proposal should be determined other than in accordance with this.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Appeal Decisions Conclusion 28. Although I have concluded that there is no harm in respect of the main issue relating to character and appearance, I am nonetheless satisfied that the harm identified in respect of the main issue relating to living conditions is sufficient to still justify dismissal of the appeal. 29. All representations have been taken into account, but no matters, including the benefits of the development and the scope of possible planning conditions, have been found to outweigh the identified harm and policy conflict. For the reasons above, the appeal should be dismissed.

Wharf Engineering, 41 Shortmead Street, Biggleswade, Bedfordshire, SG18 0AT — Central Bedfordshire — Robert Fallon INSPECTOR 8 2021 Housing Delivery Test. https://www.gov.uk/planning-inspectorate 5