Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision Site Visit made on 22 November 2021 by Ian Radcliffe BSc(Hons) MRTPI MCIEH DMS an Inspector appointed by the Secretary of State Decision date: 1st December 2021 Appeal Ref: APP/P0240/W/21/3276243 Land to the side and rear of 41-47 Coniston Road, Flitwick, Bedfordshire MK45 1QJ • 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 Y Allyjaun against the decision of Central Bedfordshire Council. • The application Ref CB/20/04769/FULL, dated 15 January 2021, was refused by notice dated 7 May 2021. • The development proposed is the construction of single storey, 2-bed dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. In March 2021, prior to the determination of the planning application, an amended proposed site plan (Ref 0010.PL04 Rev A) was submitted by the appellant. The amendments on it included moving the line of the existing footway / cycleway that bisects the appeal site so that the proposed dwelling would be set back from this thoroughfare and space for a private path would be created to link the proposed dwelling to land towards the southern end of the site.

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision Another amendment included the creation of an off road parking space adjacent to, and accessed from, Coniston Road. The Council though determined the application on the basis of the original set of plans. 3. The amended plan so changes the proposed development that to determine the appeal on the basis of it would deprive those who should have been consulted, such as neighbours and those who use the cycleway / footway, the opportunity of commenting. As a result, their interests would be prejudiced if I was to do so. I have therefore determined the appeal on the basis of the plans upon which the Council determined the application and have not taken the amended site plan into account. 4. Since the application was determined the Central Bedfordshire Core Strategy and Development Management Policies have been superseded by the Central Bedfordshire Local Plan (‘Local Plan’). In the determination of this appeal I have therefore assessed the proposal against the policies of the Local Plan. Main Issues 5. The main issues in this appeal are: • the effect of the proposed development on the character and appearance of the area; https://www.gov.uk/planning-inspectorate

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3276243 • whether the proposal would provide acceptable living conditions for future occupiers, with regard to amenity space, natural light, outlook and ventilation; and, • the effect of the proposal on highway safety. Reasons 6. The appeal site is located within the settlement envelope of Flitwick which is classified as a Major Service Centre by the development plan. As a result, in accordance with policy SP7 of the Local Plan the principle of residential development is acceptable. Character and appearance 7. The area within which the appeal site is located was planned and constructed in the latter part of the last century. It is characterised by two storey, predominantly semi-detached houses, concisely laid out along cul-de-sacs. The overall effect is of a pleasant, modest, suburban environment on the edge of the centre of Flitwick. 8. The appeal site itself is a long, narrow, irregular plot of land sandwiched between the houses on the estate described and a recreation ground immediately to the east. A footway / cycleway runs along the length of the plot connecting Coniston Road and the centre of the settlement with Temple Way, a primary school and housing to the south.

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision The relatively wide sections of grass verge on either side of the footway / cycleway gives the appeal site a green, spacious and pleasant character and allows it to serve as a transition between the housing estate and the recreation ground. 9. The proposed single storey dwelling would be positioned up hard against the boundary fences of neighbouring houses and would occupy the full depth and almost the full width of a triangular section of the appeal site. In so doing it would appear cramped and at odds with the more spaciously laid out housing that characterises the area. Moreover, in occupying the widest section of grass between the footway / cycleway and houses to a height significantly taller than the existing boundary fences, it would unduly enclose the footway / cycleway and harm its spacious, pleasant, green character. 10. For the reasons given above, I therefore conclude that the proposal would unacceptably harm the character and appearance of the area. It would therefore be contrary to policy HQ1 of the Local Plan and the Central Bedfordshire Design Guide (CBDG).

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision This policy and guide require the protection of the character and appearance of a locality through high quality design that respects local design features. Living conditions 11. The only private outdoor amenity space that would serve the proposed dwelling would be a small circular area of hardstanding enclosed by the building, together with an adjacent thin triangular wedge of soft landscaping sandwiched between the dwelling and rear boundary fence. For a two bedroom dwelling, the space provided would be insufficient to accommodate a sitting out area, space for clothes drying and adequate space for play. Considerably below 50 square metres in size it would fail to meet the minimum size sought by the CBDG. 12. In terms of outlook and levels of natural light, bedroom two would only be served by a single, high level window. As a result, the outlook from this room https://www.gov.uk/planning-inspectorate 2

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3276243 would be extremely restricted and levels of daylight within it would be inadequate. Whilst if the window was openable levels of ventilation would probably be just about adequate, this does not negate the cogent planning criticisms identified. 13. For the reasons given, I therefore conclude that the proposal would result in unacceptable living conditions for future occupiers. The scheme would therefore be contrary to policy HQ1 of the Local Plan which, amongst other matters, requires high quality design and that regard is had to the CBDG. The CBDG seeks to prevent poor living conditions by, for example, ensuring adequate outdoor amenity space and adequate levels of daylight within habitable rooms. Highway safety 14. The entrance door to the proposed dwelling would open directly onto the footway / cycleway. As a consequence, the lack of intervisibility between people exiting the dwelling and users of the footway / cycleway would result in a significant risk of collision, especially with cyclists whose greater speed would mean that there would be little opportunity to avoid such an incident.

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision The proximity of the proposed building to the footway / cycleway may also compromise the future maintenance of this thoroughfare. 15. The CBDG seeks the provision of 2 off road parking spaces for a 2 bedroom dwelling such as the appeal proposal. No off road parking though would be provided. Given that the site is located within comfortable walking distance of the shops, services, facilities and train station in the centre of Flitwick, future occupiers would not necessarily need a car. However, the lack of off street parking for the property and the parking restrictions on Coniston Road and Temple Way mean that it is likely that vehicles making deliveries to the property would park off road on the appeal site partly blocking the cycleway / footway. Such an obstruction would decrease visibility along its route and increase the risk of collision between users. 16. Taking all these matters into account, I therefore conclude that the proposal would unacceptably harm highway safety. This would be contrary to policy T2 of the Local Plan which seeks to prevent such harm. Other Matters 17. The proposed dwelling would project forward of the front elevation of the house at 47 Coniston Road.

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision However, owing to the set back of this house from its side boundary, and the single storey height and flat roof of the proposed dwelling, the proposal would not harmfully enclose the outlook from No 47 or harmfully reduce levels of natural light enjoyed by its occupiers. Similarly, in the context of a residential area and an adjacent footway / cycleway, the scheme located parallel to the largely blank, flank wall of No 47 would not result in noise and disturbance that would harm the living conditions of its occupiers. Conclusion 18. The appeal site is located within the settlement envelope of Flitwick where the principle of residential windfall development is supported by policy SP7 of the Local Plan. A sustainably constructed and energy efficient dwelling would also comply with policy CC1 of the Local Plan. https://www.gov.uk/planning-inspectorate 3

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3276243 19. The proposal though would cause unacceptable harm to the character and appearance of the area, highway safety and the living conditions of future occupiers, contrary to policies HQ1 and T1 of the Local Plan and the CBDG. As a result, I find that the proposed development would be contrary to the development plan considered as a whole. 20. The other considerations in favour of the proposal, namely the benefits of making efficient use of land to provide a small, family sized dwelling in an accessible location, and the benefits of construction employment and an additional household in Flitwick to the economy, are insufficient to outweigh the harm that would be caused and non-compliance with the development plan. Material considerations therefore do not indicate that the proposal should be determined other than in accordance with the development plan. For the reasons set out above, I therefore conclude that the appeal should be dismissed.

Land to the side and rear of 41-47 Coniston Road, Flitwick , Bedfordshire, MK45 1QJ — Central Bedfordshire — Ian Radcliffe Inspector https://www.gov.uk/planning-inspectorate 4