Case 3266255

26 Wellesley Avenue, IVER, SL0 9BN

Buckinghamshire Council - South Bucks Area * — appeal dismissed

Outcome
Dismissed
Decision date
5 July 2021
Authority
Buckinghamshire Council - South Bucks Area *
Inspector
Plenty B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mrs Baljinder Dhillon
Agent
Mr Ravinder Dhillon
LPA reference
PL/20/3233/FA
ONS LPA code
E07000006
Jurisdiction
Transferred
Link status
Not Linked
Start date
21 April 2021

Summary AI

The appeal for an extension of the front driveway was dismissed due to the harm it would cause to the character and appearance of the area. The proposal would enclose the frontage and reduce the sense of spaciousness, conflicting with saved policies EP3 and H11 of the South Bucks District Local Plan.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision Site Visit made on 14 June 2021 by Mr Ben Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 5 July 2021 Appeal Ref: APP/N0410/W/21/3266255 26 Wellesley Avenue, IVER SL0 9BN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Mrs Baljinder Dhillon against Buckinghamshire Council - South Area (South Bucks). • The application, Reference PL/20/3233/FA, is dated 28 September 2020. • The development proposed is Extension of the front driveway to match neighbouring property. Decision 1. The appeal is dismissed, and planning permission is refused. Background and Main Issue 2. The application was not determined by the Council within the statutorily prescribed 8-week timeframe. As such, following the submission of an appeal it falls to me to determine whether planning permission should be given. In consideration of the Council’s Statement of case, and the evidence before me, the main issue in dispute between main parties is the effect of the proposal on the character and appearance of the area. Reasons 3.

Page 1 · Chunk 1 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision Wellesley Avenue consists of predominantly large detached houses of various styles and scales, the carriageway itself is also relatively wide. Most houses are set back a common distance from the highway. Front gardens are landscaped with front boundaries mostly defined by low hedging or dwarf walls. A consistency of character is formed by the shared front building lines, the extent of landscaping and a general sense of spaciousness. Furthermore, a middle section of the Avenue includes wide grass verges. The front boundaries of plots here are set back further from the highway. This increase of public space forms a broad highway that enhances the sense of spaciousness. This creates a sense of arrival and adds further interest to this section of the street. The appeal site includes a similarly recessed front boundary and therefore contributes positively to the locally enhanced sense of wide and open public realm. 4. The proposed development would remove the footway ahead of the front boundary and enclose the existing grass verge with an extended front boundary. The effect of this would be to enclose the frontage and erode the identified open character of the existing frontage.

Page 1 · Chunk 2 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision This would therefore have a harmful impact on a significant characteristic of the street to the detriment of the character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision This would therefore have a harmful impact on a significant characteristic of the street to the detriment of the character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision Appeal Decision APP/N0410/W/21/3266255 5. I have also noted that 25 Somerset Way appears to have enclosed a former area of wide grass verge. However, whilst having enclosed the grass verge, the effect on the spaciousness of the street is lessened due to the narrower width of the carriageway and verges than are evident around the appeal site. This therefore would have had a proportionately lessened sense of spaciousness. Somerset Way therefore presents a different context to that seen around the appeal site. 6. Furthermore, although a similar proposal for 57 Wellesley Avenue gained an officer’s recommendation of approval, I understand this was ultimately refused by the Council. The Council’s deliberations with respect to that case, prior to reaching a decision, are of limited weight in consideration of the merits of this case. Furthermore, there is no evidence before me that the decision was subject to an appeal and therefore that decision does not support the proposal. Also, funding to enhance the area, offered by the appellant, has not been defined or offered within a formal mechanism. In any event, enhancements to existing infrastructure would not outweigh the harm caused by the proposal to the streetscene. 7.

Page 2 · Chunk 5 Appeal Decision

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Appeal Decision The proposal would therefore conflict with saved policies EP3 and H11 of the South Bucks District Local Plan (1999, Consolidated 2007 and 2011). These seek, among other matters, for development to be compatible with the character of the locality. These policies are generally consistent with the National Planning Policy Framework that seeks development to be sympathetic to the local character. 8. In conclusion, there are no material considerations that indicate the application should be determined other than in accordance with the development plan. For the reasons given above, I therefore conclude that the appeal is dismissed, and planning permission is refused.

Page 2 · Chunk 6 Mr Ben Plenty

26 Wellesley Avenue, IVER, SL0 9BN — Buckinghamshire Council - South Bucks Area * — Mr Ben Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶3

The appeal site has a recessed front boundary, which contributes positively to the open character of the street. The proposed development would enclose the frontage, eroding this characteristic.

Character and appearance
Against appellant
¶4

The proposed development would remove the footway ahead of the front boundary and enclose the existing grass verge, reducing the sense of spaciousness and eroding the open character of the existing frontage.

Planning obligations
Against appellant
¶6

The appellant offered funding to enhance the area, but this is not a formal mechanism, and enhancements to existing infrastructure would not outweigh the harm caused by the proposal to the streetscene.

Planning obligations
Against appellant
¶7

The proposal would conflict with saved policies EP3 and H11 of the South Bucks District Local Plan, which seek development to be compatible with the character of the locality.

Policies relied on

Reference Weight
EP3 and H11 of the South Bucks District Local Plan (1999, Consolidated 2007 and 2011)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 5 July 2021 under the Open Government Licence.