8 Rodbourne Road, Swindon, SN2 2AG

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision Site Visit made on 29 June 2021 by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 15 July 2021 Appeal Ref: APP/U3935/W/21/3271785 8 Rodbourne Road, Swindon SN2 2AG • 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 J Bagga against the decision of Swindon Borough Council. • The application Ref S/20/1573/RACH, dated 4 December 2020, was refused by notice dated 8 March 2021. • The development proposed is the change of use to part of a shop (use class E) to residential (use class C3 - bedsit). Decision 1. The appeal is dismissed. Preliminary Matters 2. During the determination of the application amended plans were received by the Council which removed a single storey extension. These plans were used in the determination of the application. The description of development was consequently altered to remove reference to the extension. I have therefore taken the description of development from the Council’s decision notice as this more accurately describes the appeal proposal. 3.

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision In their submission the appellant has advised that the proposal could be enlarged through extending further into the existing retail unit. No plans have been submitted demonstrating such an amendment. I have also had regard to the procedure guide1, which states that planning appeals should not be used to amend a scheme and any plans submitted should be those that the Council considered at the time they determined the planning application. I have not therefore taken the amendment into account in making my decision. Main Issue 4. The main issue is the effect of the development on the living conditions of future occupiers of the proposal with particular regards to outlook, internal and outdoor amenity space and safety and security. Reasons 5. The appeal site accommodates a mixed-use, end of terrace building, with a long single-storey extension to the rear. The proposal involves the conversion of the single storey extension into a self-contained studio flat, with access via a lane alongside the building. Parking for one car and a bin and cycle store is shown to be provided adjoining the site. 1 The Planning Inspectorate Procedural Guide – Planning Appeals – England (March 2021) https://www.gov.uk/planning-inspectorate

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision Appeal Decision APP/U3935/W/21/3271785 6. The proposed development would only have openings on its side elevation which faces towards the adjoining access lane. Opposite the openings, some 3 metres away, is a tall blank wall and fence. The height of the wall and fence combined with its close proximity to the proposed openings would create a dominant feature which would have an overbearing effect on the outlook from the proposed development harming the living conditions of future occupiers. 7. Paragraph 127 of the Framework says that planning policies may make use of the nationally described space standard (the NDSS), where the need for an internal space standard can be justified. The Local Plan2 (LP) has not adopted the NDSS, but the Design Guide3 states it will be used as a guide until they are adopted. It is, therefore, a material consideration in determining whether the development would provide acceptable internal living space for occupants. 8.

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision Policy DE1 of the LP relates to high quality design and states that proposals should address the objective of sustainable development through high quality design and place-making principles and should be assessed against a set of design principles, which includes amenity and space. The proposal would provide a studio flat measuring approximately 30 square metres, so would fall considerably below the NDSS requirement of 37 square metres. The proposal itself only contains an open plan kitchen/living/bedroom area and a small shower room. Additionally, apart from the parking space and bin/cycle store no private external amenity space is provided. Having regard to the overall size of the accommodation, combined with the absence of any private outdoor amenity space, I consider that the proposal would result in a poor standard of living conditions for future occupiers. 9. The Council are concerned regarding the location of the proposal accessed from an unlit alleyway with a lack of surveillance. I noted that the proposed access would be located relatively near to the entrance to the lane which is also used to provide a rear access to houses on nearby roads.

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision The appellant has confirmed that a first-floor flat is already accessed via this lane. Rodbourne Road, which the lane is accessed from is a busy road with vehicles and pedestrians regularly passing its entrance, thereby providing some natural surveillance. Whilst the lane is currently unlit, I consider that, if the appeal were to be successful, that a condition could be imposed requiring external lighting to be installed which would improve the feeling of safety and security. 10. For the reasons above I conclude that, whilst the proposal would not harm the living conditions of future occupiers in respect of feeling safe and secure, it would have a harmful effect upon the living conditions of future occupiers with particular regards to outlook and indoor and outdoor amenity space. The proposal is therefore contrary to LP Policies DE1 and HA1 and the Design Guide which seek, amongst other things, to ensure that development provides adequate space and outlook for occupiers. The appeal scheme would also be contrary to paragraph 127 of the Framework that seeks a high standard of amenity for existing and future users. Conclusion 11.

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Appeal Decision Whilst I have found a lack of harm in respect of safety and security, this does not outweigh the harm I have found to the living conditions of future occupiers 2 Swindon Borough Local Plan 2026 (March 2015) 3 Swindon Residential Design Guide Supplementary Planning Document (June 2016) https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/U3935/W/21/3271785 with respect of outlook and indoor and outdoor amenity space. Accordingly, for the reasons given above I conclude that the appeal should be dismissed.

8 Rodbourne Road, Swindon, SN2 2AG — Swindon Borough Council — Tamsin Law INSPECTOR https://www.gov.uk/planning-inspectorate 3