4 Worplesdon Road, GUILDFORD, GU2 9RL
Guildford Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 26 January 2022
- Authority
- Guildford Borough Council
- Inspector
- Chandler M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Change of use
- Appellant
- Choudhary and Mandozai Properties Ltd
- Agent
- RJS Planning
- LPA reference
- 20/P/01276
- ONS LPA code
- E07000209
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 15 September 2021
Summary AI
The appeal is dismissed due to the proposal's impact on living conditions of neighbouring properties and failure to provide suitable living conditions for future occupants. The proposal would also result in some visual enhancement to the street scene.
PDF text
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision Site visit made on 20 December 2021 by Martin Chandler BSc, MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 26 January 2022 Appeal Ref: APP/Y3615/W/21/3274518 4 Worplesdon Road, Guildford GU2 9RL • 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 Jan and Mohammed Mandozai and Choudhary, on behalf of Choudhary and Mandozai Properties Ltd against the decision of Guildford Borough Council. • The application Ref 20/P/01276, dated 26 July 2020, was refused by notice dated 18 March 2021. • The development proposed was described as: ‘Extension, remodelling and change of use from financial services use (A2) to residential and erection of new Building at rear to provide 10 residential units with associated 12 off street parking spaces at 4 Worplesdon Rd Guildford GU2 9RL.’ Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the proposal on: i) the living conditions for the occupants of neighbouring properties; ii) the living conditions for future occupants; and iii) the character and appearance of the area. Reasons Living Conditions – Neighbouring Properties 3.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision The appeal site is currently occupied by a part two storey, part single storey structure. The taller element fronts the highway, with the tall single storey aspect forming a deep wing which projects into the site. The proposal would introduce an additional storey with a pitched roof to the front of the building. This increased height and mass would also project to the rear, above the currently single storey structure, and following a small gap in building mass, an additional storey would also be created towards the rear of the existing single storey wing. 4. To the south-west of the appeal site is Wood Court, a development which flanks the appeal site, and which has a number of windows in its side elevation adjacent to the shared site boundary. As identified above, the proposal would significantly increase the bulk and mass of the existing structure. The existing single storey wing would partly increase to two storeys with a generous pitched https://www.gov.uk/planning-inspectorate
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3274518 roof, and partly 1.5 storeys in height. Such development would significantly and demonstrably increase the bulk and mass of the deep rear wing in a manner that would be in close proximity to the side boundaries of the site. As a consequence, neighbouring windows, particularly at ground and first floor which currently look towards a single storey wing, would look towards a substantially larger and more imposing structure. Consequently, despite the reduced eaves height, and the break between the upper storey structures, the increased bulk and mass would result in an enclosing form of development. Due to its height, depth and proximity, it would have an overbearing and oppressive impact on neighbouring occupants. Accordingly, in my judgement, it would be severely detrimental to the existing outlook from this neighbouring property and, as a consequence, it would result in an imposing and dominant form of development. 5. The proposal would have a materially different relationship with No 6 Worplesdon Road. This property has a deep footprint and does not include windows which look towards the appeal site.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision Although the existing building would become larger, its enlarged projection would be comparable with the depth of No 6. Consequently, this element of the proposal would not cause a harmful effect to the occupants of the neighbouring property. The additional storey to the end of the existing wing would increase the height of this part of the building on the shared boundary. However, the increased bulk would primarily take the form of a pitched roof which would limit the mass of this element of the proposal on the boundary. Accordingly, due to the limited bulk of this aspect, I am satisfied that its effect on the adjacent open space would not be significant. The proposal would therefore not have a detrimental impact on No 6. 6. The proposal would also introduce development to the rear of the site in the form of a terrace of three, two storey properties. Due to the sloping topography of the site, these properties would be situated at a demonstrably lower level than the buildings which front the highway, a matter helped by the low eaves height proposed. In addition, the length of the appeal site is such that these properties would be removed from neighbouring development.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision On this basis, I am satisfied that these properties would not harm the living conditions of the occupants of neighbouring properties. 7. However, for the reasons identified above, I conclude that the proposals to the existing building would have a harmful effect on the living conditions for the occupants of neighbouring properties. It would therefore fail to comply with Saved Policy G1(3) of the Guildford Borough Local Plan (2003) (SLP) which seeks to protect the amenities enjoyed by the occupants of buildings. Living Conditions – Future Occupants 8. The ground floor accommodation would include many windows that would look towards the side boundaries of the site. Apartment F5 would contain windows on two elevations, one which would provide frosted, non-openable high-level windows, and one which would provide windows in close proximity to Wood Court. Due to the use of frosted high-level windows, future occupants would rely on the other openings for their outlook. However, due to the presence, scale and proximity of Wood Court, outlook from these windows would be demonstrably poor. https://www.gov.uk/planning-inspectorate 2
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3274518 9. Apartment F7 would also have non-opening high-level windows, this time facing Wood Court. Accordingly, the accommodation would rely on its outlook from windows within its north east facing elevation. However, these windows would be in close proximity to the new roof construction located to the end of the existing wing. As a consequence, the outlook from these windows would be towards a substantial structure that, due to its proximity, would have an overbearing and oppressive impact when viewed from the facing windows. In my judgement, this would have an imposing and enclosing effect on future occupants that would be to the detriment of their living conditions. 10. The proposal would include private amenity space for the proposed apartments to the rear of the existing wing. The space would not be substantial, however, based on the evidence before me, the Council do not have minimum standards for such amenity space. Accordingly, with regard to this matter, I am satisfied that the proposal would not be harmful. However, for the reasons identified above, the proposal would provide a demonstrably harmful outlook for apartments F5 and F7.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision On this basis, I therefore conclude that the proposal would fail to provide suitable living conditions for future occupants. As a consequence, it would fail to comply with Policy D1 of the Guildford Borough Local Plan: Strategy and Sites (2019) (LP), and saved Policies G1(3) and H4 of the SLP. Taken together, these seek amongst other things, high quality design which protects amenities for occupants. Character and Appearance 11. The existing building presents a wide flat roof structure located between two large buildings with generous pitched roofs. The broader environment is also generally host to buildings with pitched roofs. Accordingly, although building scales and types vary in the immediate locality, due to its prominent flat roof, the existing building does represent a large anomaly to the prevailing street scape. 12. To the front of the site, the proposal would introduce a pitched roof onto the building as well as some fenestration alterations. The overall effect of this would be to create a building which harmonises more closely with its immediate neighbours. Accordingly, in my judgement, this element of the proposal would introduce a degree of betterment to the street scene. 13.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision The elements to the rear would be inconspicuous from the public realm and the grain of development is such that buildings do run deep into their plots. Moreover, buildings are also present beyond the building line. As a consequence, I find that the elements beyond the immediate frontage block would result in discreet additions to the surrounding environment. 14. I therefore conclude that the proposal would not harm the character and appearance of the surrounding area. Consequently, it would comply with Policy D1 of the LP, and saved Policies H4 and G5 of the SLP, as well as guidance within the Residential Design Guide Supplementary Planning Guidance (2004). Taken together, these seek amongst other things, high quality design that responds to local character. Other Matters 15. The appeal site is situated in close proximity to the Thames Basin Heaths Special Protection Area. Accordingly, had my findings on the main issues been https://www.gov.uk/planning-inspectorate 3
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3274518 different, the effect of the proposal on the integrity of this area would have required due consideration. I note that the appeal has been accompanied by a Section 106 legal agreement to deliver the desired mitigation, however, in light of my findings set out above, it is not necessary to consider this matter further. Had the legal agreement suitably addressed the matter, it would only result in a neutral impact and consequently, it would not weigh in favour of the appeal. Conclusion 16. The proposal would result in some visual enhancement to the street scene, and this is a matter to which I attach moderate weight. However, the proposal would cause significant and demonstrable harm to the living conditions of neighbouring properties and due to the level of harm, this is a fundamental shortcoming of the proposal to which I attach significant weight. The proposal would also fail to provide suitable living conditions for future occupants. Consequently, for the reasons identified above, the appeal should be dismissed.
4 Worplesdon Road, GUILDFORD, GU2 9RL — Guildford Borough Council — Martin Chandler INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Living conditions Against appellant ¶4
The proposal would introduce an additional storey with a pitched roof to the front of the building, significantly increasing the bulk and mass of the existing structure. This would have an overbearing and oppressive impact on neighbouring occupants.
Living conditions Against appellant ¶4
The proposal would create a larger and more imposing structure, resulting in an enclosing form of development that would have a detrimental impact on the existing outlook from neighbouring properties.
Living conditions Against appellant ¶9
The outlook from windows in apartment F7 would be towards a substantial structure that, due to its proximity, would have an overbearing and oppressive impact when viewed from the facing windows.
Living conditions Against appellant ¶10
The proposal would provide a demonstrably harmful outlook for apartments F5 and F7, resulting in an imposing and enclosing effect on future occupants.
Living conditions Against appellant ¶12
The proposal would fail to provide suitable living conditions for future occupants, as the accommodation would rely on its outlook from windows within its north east facing elevation, which would be in close proximity to the new roof construction.
Character and appearance For appellant ¶11
The proposal would introduce a pitched roof onto the building as well as some fenestration alterations, creating a building which harmonises more closely with its immediate neighbours.
Character and appearance For appellant ¶13
The elements to the rear would be inconspicuous from the public realm, and the grain of development is such that buildings do run deep into their plots, resulting in discreet additions to the surrounding environment.
Flood risk Neutral ¶15
The appeal site is situated in close proximity to the Thames Basin Heaths Special Protection Area, but the proposal would not have a significant impact on the integrity of this area.
Policies relied on
| Reference | Weight |
|---|---|
| Saved Policy G1(3) of the Guildford Borough Local Plan (2003) |
Determinative |
| Policy D1 of the Guildford Borough Local Plan: Strategy and Sites (2019) |
Determinative |
| Saved Policy H4 of the Guildford Borough Local Plan (2003) |
Determinative |
| Policy D1 of the LP |
Substantial |
| Saved Policies H4 and G5 of the SLP |
Substantial |
| Guidance within the Residential Design Guide Supplementary Planning Guidance (2004) |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 26 January 2022 under the Open Government Licence.