Case 3271218

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL

Arun District Council — appeal dismissed

Outcome
Dismissed
Decision date
28 September 2021
Authority
Arun District Council
Inspector
Pipkin R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Michael Carter
Agent
DJB Ltd
LPA reference
R/138/20/PL
ONS LPA code
E07000224
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 July 2021

Summary AI

The appeal site is a residential area with a mix of bungalow and two-storey development. The proposed dwelling would sit between two larger properties and have a lower overall height, but its bulky form and limited setback from the front elevation would make it appear out of proportion and jarring within the streetscene.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Appeal Decision Site Visit made on 15 September 2021 by Rachael Pipkin BA (Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 28th September 2021 Appeal Ref: APP/C3810/W/21/3271218 55 Milton Avenue, Rustington BN16 2PL • 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 Michael Carter against the decision of Arun District Council. • The application Ref R/138/20/PL, dated 28 July 2020, was refused by notice dated 24 September 2020. • The development proposed is demolition of garage and construction of 2-storey chalet dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. During the course of the appeal, a revised National Planning Policy Framework (the Framework) was published. The parties have had an opportunity to comment on the implications of the revised Framework during the appeal process. I have had regard to comments received and determined the appeal in accordance with the revised Framework. Main Issue 3. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Appeal Decision The appeal site comprises a detached garage, an area of hardstanding and garden to Number 55 (No 55). It is located within an established residential area where there is a mix of both bungalow and two-storey development, both detached and semi-detached. No 55 is itself a semi-detached chalet bungalow which together with the adjoining property, has been extended with two sizeable side dormers. This gives them a two-storey appearance. Plot sizes are modest in size but relatively wide for properties along this section of Milton Avenue, with properties set back behind front gardens and drives. This contributes to a sense of spaciousness along the road. 5. The proposed dwelling would sit between a large, two-storey detached property at Number 53 and the host property. It would have a lower overall height than either of these properties. Two side dormers would be positioned just below the ridge height. Whilst these would be set back from the front elevation of the property, their limited set down from the ridge would make them appear overly large. This would result in a bulky form of development. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Appeal Decision Appeal Decision APP/C3810/W/21/3271218 6. I appreciate the overall height of the proposal has been reduced in order to overcome harms identified in a previous dismissed appeal1 for a house on this site. However, the resultant design appears squat and overly large within what would be a relatively narrow plot. Furthermore, in the context of the adjoining houses, with their higher overall height, it would appear both out of proportion and as a jarring element within the streetscene. 7. The proposed house would be set in from the side boundaries, it would nevertheless be physically close to both Nos 53 and 55. I observed on site that there are examples of adjacent properties that are quite close together. However, the reduced width of the plot size for both the host property and the proposed house would be out of character with the wide plots along this section of Milton Avenue. The proximity of the proposed house to both adjoining properties would make both the host property and proposed house appear cramped within their plots which would detract from the streetscene. 8. Surrounding development displays a combination of materials, largely brickwork, render and tiles.

Page 2 · Chunk 3 Appeal Decision

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Appeal Decision The proposal would be finished in similar materials and in this regard would harmonise with surrounding development. However, this would not overcome the harms I have identified. 9. I conclude that the proposed development would harm the character and appearance of the area. It would therefore conflict with Policies D SP1 and D DM1 of the Arun Local Plan 2018 and Policy 2 of the Rustington Neighbourhood Plan 2014 which together support new development that reflects the characteristics of the site and local area in terms of density, scale, massing and character. Other Matters 10. The appellant has suggested that the proposed would occupy an under-utilised area of land and make efficient use of land. However, the appeal site contributes to the spacious character of the area as part of a domestic garden. In this context, it does not appear as an under-utilised area of land. 11. I have been provided with no details of the Council’s housing need. However, a single dwelling would make a very limited contribution to the overall supply of housing within the area and I give this very limited weight. 12.

Page 2 · Chunk 4 Appeal Decision

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Appeal Decision The proposal would provide a suitably sized garden and no harm to the living conditions of neighbouring occupiers would be likely to arise. It would make adequate provision for parking and no highway safety concerns have been raised. These factors are neutral in the balance. 13. The lack of objections from neighbours does not in itself justify the proposal which I have found to be harmful. Conclusion 14. For the reasons set out above, I conclude the appeal should be dismissed.

Page 2 · Chunk 5 Rachael Pipkin

55 Milton Avenue, Rustington, LITTLEHAMPTON, BN16 2PL — Arun District Council — Rachael Pipkin INSPECTOR 1 APP/C3810/W/19/3225912 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
¶4

The proposed dwelling would sit between two larger properties and have a lower overall height, but its bulky form and limited setback from the front elevation would make it appear out of proportion and jarring within the streetscene.

Character and appearance
Against appellant
¶6

The resultant design appears squat and overly large within what would be a relatively narrow plot, and would appear out of proportion and as a jarring element within the streetscene.

Living conditions
Neutral
¶12

The proposal would provide a suitably sized garden and no harm to the living conditions of neighbouring occupiers would be likely to arise.

Parking
Neutral
¶12

The proposal would make adequate provision for parking.

Highway safety
Neutral
¶12

No highway safety concerns have been raised.

Green belt
Neutral
¶null

Not applicable, the appeal site is not within a green belt area.

Housing land supply
Against appellant
¶11

A single dwelling would make a very limited contribution to the overall supply of housing within the area.

Flood risk
Neutral
¶null

Not applicable, there is no mention of flood risk in the decision letter.

Ecology and biodiversity
Neutral
¶null

Not applicable, there is no mention of ecology and biodiversity in the decision letter.

Trees and landscape
Neutral
¶null

Not applicable, there is no mention of trees and landscape in the decision letter.

Agricultural land
Neutral
¶null

Not applicable, the appeal site is not agricultural land.

Affordable housing
Neutral
¶null

Not applicable, there is no mention of affordable housing in the decision letter.

Planning obligations
Neutral
¶null

Not applicable, there is no mention of planning obligations in the decision letter.

Conditions
Neutral
¶null

Not applicable, there is no mention of conditions in the decision letter.

External appearance
Neutral
¶null

Not applicable, the issue of external appearance is already covered under character and appearance.

Other
Against appellant
¶10

The appeal site contributes to the spacious character of the area as part of a domestic garden and does not appear as an under-utilised area of land.

Policies relied on

Reference Weight
Policies D SP1 and D DM1 of the Arun Local Plan 2018 and Policy 2 of the Rustington Neighbourhood Plan 2014
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 28 September 2021 under the Open Government Licence.