21 Fanton Chase, WICKFORD, SS11 8QX

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Site visit made on 30 November 2021 by G Pannell BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 21st December 2021 Appeal Ref: APP/V1505/W/21/3274065 21 Fanton Chase, Shotgate, Wickford, SS11 8QX • 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 Clay Robinson against the decision of Basildon Borough Council. • The application Ref 21/00203/FULL, dated 09 February 2021, was refused by notice dated 7 April 2021. • The development proposed is subdivide land to rear of 21 Fanton Chase to accommodate new dwelling and garage with access from main highway. Decision 1. The appeal is dismissed. Preliminary Matters 2. Following the Council’s decision, the National Planning Policy Framework (the Framework) was revised on 20 July 2021. The Council and appellant have had an opportunity to comment on the implications of these changes through their submissions. Main Issues 3. The main issues are the effect of the proposed dwelling on: • the character and appearance of the area; and • on the living conditions of existing occupiers, with regard to privacy and outlook.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Reasons Character and appearance 4. The proposal relates to the subdivision of the plot and demolition of the existing outbuildings to enable the construction of a bungalow to the rear. Fanton Chase is characterised by both single storey dwellings, some with loft conversions and dormer windows, and two storey detached dwellings. The existing dwellings front onto Fanton Chase with parking predominately within the frontage, with long gardens of varying widths. 5. The development of the rear garden would increase the density of development within the locality, which is generally characterised by open rear gardens, including some, such as the appeal site, with ancillary outbuildings. https://www.gov.uk/planning-inspectorate

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Reasons Character and appearance 4. The proposal relates to the subdivision of the plot and demolition of the existing outbuildings to enable the construction of a bungalow to the rear. Fanton Chase is characterised by both single storey dwellings, some with loft conversions and dormer windows, and two storey detached dwellings. The existing dwellings front onto Fanton Chase with parking predominately within the frontage, with long gardens of varying widths. 5. The development of the rear garden would increase the density of development within the locality, which is generally characterised by open rear gardens, including some, such as the appeal site, with ancillary outbuildings. https://www.gov.uk/planning-inspectorate

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/21/3274065 6. The subdivision of the plot will result in a dwelling to the rear of the existing properties in Fanton Chase, which whilst at odds with the prevailing pattern of development in the immediate area, there are other examples of properties located to the rear of 33-35 Fanton Chase. These are an exception to the generally linear pattern of development within Fanton Chase, although the appellant has also drawn my attention to a further approval on a site to the rear of 7 Fanton Chase. 7. However, the overall scale of the proposed dwelling in terms of its height would be excessive having regard to its backland location, in combination with its siting in close proximity to the boundary of the site. This would be contrary to the general character of the area, with frontage development of relatively modest proportions. The siting of the dwelling would be out of keeping with this general pattern and overtly so as a result of its overall height. 8. For these reasons, therefore, the proposed development would introduce a discordant built form to the locality that would be out of keeping with and harm the character and appearance of the surrounding area.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Consequently, it would conflict with policy BAS BE12 of the Basildon District Local Plan (LP) which requires development that results in material harm to the character of the surrounding area to be refused. Living Conditions 9. The proposed dwelling would be built approximately 12m from the rear boundary of the site, which shares a boundary with the garden of both 5 & 6 Hornchurch Close. 10. The relationship of the proposed dwelling and the rear elevation of 5 Hornchurch Close, having regard to the separation distance between the two properties, would not result in a dominant and overbearing feature when viewed from within the garden and would not result in an unsatisfactory relationship or be harmful to the living conditions of the occupiers of 5 Hornchurch Close. 11. However, the proposed dormer windows serving two bedrooms and an ensuite would also result in overlooking of the garden of 6 Hornchurch Close. I note that the window serving the ensuite bathroom would be obscured glazed, however the bedroom windows would not be. Furthermore, the use of obscure glazing to a bedroom window, when there are no other windows serving that room, would also result in a less than satisfactory arrangement for future occupiers.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision There would also be some limited overlooking towards the garden of 3 North Weald Close. 12. Although the garden areas of the neighbouring dwellings are likely to suffer from a degree of mutual overlooking as a result of their close relationship, the position of the proposed development in close proximity in particular to the rear garden of 6 Hornchurch Close and the introduction of further windows at a raised level would result in a further loss of privacy. https://www.gov.uk/planning-inspectorate 2

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision There would also be some limited overlooking towards the garden of 3 North Weald Close. 12. Although the garden areas of the neighbouring dwellings are likely to suffer from a degree of mutual overlooking as a result of their close relationship, the position of the proposed development in close proximity in particular to the rear garden of 6 Hornchurch Close and the introduction of further windows at a raised level would result in a further loss of privacy. https://www.gov.uk/planning-inspectorate 2

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/21/3274065 13. Along the rear boundary is a large conifer hedge, which does offer a degree of screening and affords the existing garden of 6 Hornchurch Close a level of privacy. The appellant states that this is approximately 4.25m in height and it has been put to me that a condition to ensure the hedge is maintained at a minimum or maximum height would be reasonable and enable the privacy of no 6 to be maintained. 14. However, the existing hedge is a dominant feature within the garden and given that it would enclose three sides of the proposed amenity space there is a likelihood of pressure on those trees to be removed in the future or to be cut back. Therefore, I do not think it would be reasonable to impose the appellant’s suggested condition, which may be detrimental to the living conditions of future occupiers of the proposed dwelling. 15. My attention has been drawn to a number of other developments in close proximity to the site, which it has been said result in a similar relationship between neighbouring properties.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision However, I have limited information on the precise detail of those schemes and in any event, I am not bound by other decisions of the Council and I give this minimal weight. 16. In conclusion, I have found harm to the occupiers of 6 Hornchurch Close with particular reference to outlook and privacy. The development would therefore conflict with BAS BE12 of the LP which states that development which causes material harm as a result of overlooking will be refused. Other Matters 17. It is not disputed that the Council is currently unable to demonstrate a 5 year supply of deliverable housing sites, with the evidence putting current supply at 2.4 years. Therefore, paragraph 11 of the Framework is engaged, whereby planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework, taken as a whole. 18. The site is well located in terms of its proximity to services and is of a scale appropriate to the size of the existing settlement and as such lies within a sustainable location.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision The access and parking arrangements would be satisfactory and there is no evidence that highway safety would be compromised, or that local infrastructure would be unable to meet the needs of the development. 19. The development would give rise to some economic benefits during the construction phase and provide limited support to local services. There would be modest social benefits arising from the contribution to the Council’s housing supply, noting the Framework highlights the contribution small and medium sized sites can make to meeting the housing requirement in the area. 20. I am required to determine the appeal in line with the relevant policies of the development plan, unless material considerations indicate otherwise. As such the framework is a material consideration that weighs in favour of the scheme. https://www.gov.uk/planning-inspectorate 3

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/21/3274065 21. Nevertheless, the identified adverse impacts of the development in respect of character and appearance and the impact on existing occupiers as a result of overlooking would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole, including its presumption in favour of sustainable development. Therefore, in this case the totality of other material considerations do not outweigh the conflict with the development plan. Conclusion 22. I therefore conclude that the appeal should be dismissed.

21 Fanton Chase, WICKFORD, SS11 8QX — Basildon District Council — G Pannell INSPECTOR https://www.gov.uk/planning-inspectorate 4