18-22 Cricklade Road, Swindon, SN2 8AA
Swindon Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 14 July 2021
- Authority
- Swindon Borough Council
- Inspector
- Law T
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- Mr M Guvercin
- Agent
- Home Plan Design Services
- LPA reference
- S/20/1594/PEKO
- ONS LPA code
- E06000030
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 April 2021
Summary AI
The appeal for a proposed canopy at 18-22 Cricklade Road, Swindon was dismissed due to its detrimental impact on the character and appearance of the area. The inspector considered the proposal to be contrary to local and national planning policies.
PDF text
18-22 Cricklade Road, Swindon, SN2 8AA — 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: 14 July 2021 Appeal Ref: APP/U3935/W/21/3271789 18-22 Cricklade Road, Swindon SN2 8AA • 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 M Guvercin against the decision of Swindon Borough Council. • The application Ref S/20/1594/PEKO, dated 8 December 2020, was refused by notice dated 16 February 2021. • The development proposed is described as ‘proposed canopy over sitting area’. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 3. The site is located in a predominantly commercial area, with a church opposite and residential streets nearby. It comprises three properties at the end of a terrace of commercial uses and in a prominent location at the junction of Cricklade Road, Beatrice Road and Caulfield Road. An established uniform building line which sets buildings noticeably back from the highway contributes to a pleasant open character in the street scene. 4.
18-22 Cricklade Road, Swindon, SN2 8AA — Swindon Borough Council — Appeal Decision Some of the premises in the street scene have been altered in the form of changes to shop fronts and advertisements. There are also some canopies, albeit they are retractable. The appeal scheme would be a permanent fixed structure with side walls. It would sit noticeably proud of the established building line and would accordingly reduce the spacious feel of the street scene. This would be to the detriment of the character and appearance of the area. 5. The proposed development would therefore be contrary to Policy DE1 of the Swindon Borough Local Plan 2026 (2015) which seeks, amongst other things, to ensure that all new development is of a high quality and respects the existing built characteristics of an area. The proposal is also contrary to paragraph 127 of the National Planning Policy Framework that seeks good design sympathetic to the local character. Other Matters 6. It has been suggested that there would be economic benefits to the business in the provision of outdoor seating. That said, limited information has been https://www.gov.uk/planning-inspectorate
18-22 Cricklade Road, Swindon, SN2 8AA — Swindon Borough Council — Appeal Decision Appeal Decision APP/U3935/W/21/3271789 provided in this regard as to how beneficial it may be. Furthermore, the area would be quite small in addition to that provided indoors. Any benefit would therefore be modest at best. Taking these factors into account, I could ascribe no more than limited weight to the provision of outdoor space. Conclusion 7. I have found that there would be harm to the character and appearance of the area as well as conflict with the development plan. I attach significant weight to these matters. Such that, with the above in mind, the appeal should be dismissed.
18-22 Cricklade Road, Swindon, SN2 8AA — Swindon Borough Council — Tamsin Law INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶3-5
The proposed canopy would sit noticeably proud of the established building line and reduce the spacious feel of the street scene, detracting from the character and appearance of the area.
Planning obligations Against appellant ¶5
The proposal is contrary to Policy DE1 of the Swindon Borough Local Plan 2026 and paragraph 127 of the National Planning Policy Framework.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DE1 of the Swindon Borough Local Plan 2026 (2015) |
Significant |
| paragraph 127 of the National Planning Policy Framework |
Significant |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 14 July 2021 under the Open Government Licence.