9 Holtsmere Close, Watford, Herts, WD25 9NG
Watford Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 12 January 2022
- Authority
- Watford Borough Council
- Inspector
- Bowyer J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Richard Cowling
- Agent
- Mr David Silverman
- LPA reference
- 21/00583/FUL
- ONS LPA code
- E07000103
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 25 October 2021
Summary AI
The appeal for a chalet bungalow at 9 Holtsmere Close was allowed despite conflicting with the development plan policies due to the need for housing and the effective use of brownfield land.
PDF text
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision Site visit made on 4 January 2022 by J Bowyer BSc(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 12 January 2022 Appeal Ref: APP/Y1945/W/21/3278496 9 Holtsmere Close, Watford, Hertfordshire WD25 9NG • 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 Richard Cowling against the decision of Watford Borough Council. • The application Ref 21/00583/FUL, dated 12 April 2021, was refused by notice dated 21 June 2021. • The development proposed is erection of a chalet bungalow. Decision 1. The appeal is allowed and planning permission is granted for erection of a chalet bungalow at 9 Holtsmere Close, Watford, Hertfordshire WD25 9NG in accordance with the terms of the application, Ref 21/00583/FUL, dated 12 April 2021, subject to the conditions set out in the attached schedule. Preliminary Matters 2. The Council’s decision notice refers to development as shown on drawing nos including ‘21/104/2 Proposed Plans’.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision The Council has been unable to advise whether or not it had received revised drawing no 21/104/2A which was submitted with the appeal prior to its decision, but confirms that it would not object to this revised plan being considered as part of the appeal. I am mindful that the appeal process should not be used to evolve a scheme and it is important that what is considered by the Inspector is essentially what was considered by the Council, and on which interested people’s views were sought. However, the minor changes shown do not materially alter the nature of the development. The additional windows indicated would face towards 9 Holtsmere Close which is part of the appeal site, and I agree with the Council that they would not cause loss of privacy given their high level. In these circumstances, I find with regard to Wheatcroft principles1 that the there would not be prejudice to the interests of any party by my consideration of the development as it is shown on drawing no 21/104/2A, and I have determined the appeal accordingly. 3. My attention has been drawn to 2 previously dismissed appeals where proposals for a dwelling on the site were found to cause harm to the character and appearance of the area2.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision I have taken these previous decisions into account, but I have nevertheless determined the appeal having regard to the individual merits of the development that is now before me. 1 Bernard Wheatcroft Ltd v SSE [JPL 1982 P37] 2 Appeal refs APP/Y1945/W/20/3249622 and APP/Y1945/W/21/3274675 https://www.gov.uk/planning-inspectorate
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision I have taken these previous decisions into account, but I have nevertheless determined the appeal having regard to the individual merits of the development that is now before me. 1 Bernard Wheatcroft Ltd v SSE [JPL 1982 P37] 2 Appeal refs APP/Y1945/W/20/3249622 and APP/Y1945/W/21/3274675 https://www.gov.uk/planning-inspectorate
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/21/3278496 Main Issue 4. The main issue is the effect of the proposal on the character and appearance of the area. Reasons Character and Appearance 5. The appeal site is located close to a sharp bend in Holtsmere Close and includes a semi-detached dwelling with a single-storey projection and garage to the side. The decision on the most recent of the previous appeals on the site noted that ‘the majority of buildings on Holtsmere Close are semi-detached, although there are also some detached properties. The dwellings are typically arranged on strong building lines set back from the street, and while the gaps between buildings vary in size, they are for the most part relatively generous with the set in of dwellings from the boundaries at their sides providing for views through towards open rear garden backdrops. Despite some diversity in the architectural style and external materials to buildings and a number of visible extensions and alterations, the common hipped roof forms and regular patterns of fenestration result in fairly similar appearances to the predominant semi-detached pairs. They are also of usually similar overall scale.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision While the street scene is not uniform, these factors together provide for a generally spacious character and an overall sense of coherence to the area.’ From the evidence before me as part of the current appeal, I have no reason to take a different view. 6. The appeal proposes demolition of the single-storey elements to the side of 9 Holtsmere Close, and the construction of a chalet bungalow. This would be of clearly different scale and form to the semi-detached buildings to either side, and would have the only front gable in the street. However, while both neighbours are semi-detached, the building containing the maisonettes at 1-7 Holtsmere Close is of noticeably greater width than the semi-detached pair of 9-11 Holtsmere Close. In addition, there are flats at Pheasant Court and detached bungalows at 8 and 8A Holtsmere Close to the opposite side of this part of the street. Nos 8 and 8A are further of markedly different scale and appearance to one another, including as a result of their differing width and designs with a stepped-height roof and prominent front chimney to No 8, and a dutch-hip roof design and fairly large front dormers to No 8A.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision These factors result in tangible variety in the overall form of buildings on this stretch of Holtsmere Close, and the pattern of buildings in the vicinity of the site is not uniform. 7. The dormers which are proposed to both of the dwelling’s side roofslopes would be of significant width, and I note that the Council indicates that they would not accord with guidance in the Residential Design Guide 2016 (RDG). Nevertheless, there would be some spacing to their sides providing set in from the front and rear gables, and given their modest height and depth which would allow appreciable set downs from the roof ridge and large set backs from the eaves, I do not consider that the overall scale of the dormers would appear excessive or disproportionate to the host roof. The lower height of the dwelling in comparison to the adjacent buildings and its set back from the front of No 9 would further help to screen the dormers from some viewpoints, and would limit the visual impact and prominence of the building in the street scene. https://www.gov.uk/planning-inspectorate 2
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/21/3278496 8. I note reference by the Council to pre application advice that development on the site should comply with guidance on side extensions in the RDG, but the appeal proposes a detached building, and it seems to me that the development would be clearly read as an additional dwelling, separate to No 9. I am not therefore persuaded that this guidance would be directly applicable, and I see no justification within the evidence before me to require that a separate dwelling should necessarily be set back at least 1m from, or subordinate to, No 9. 9. I acknowledge that the development would contrast with the predominantly semi-detached character of the wider street and that the front gable would be unusual. Even so, it would be seen in the context of the nearby bungalows, and given the existing diversity in this part of the street and my findings above, the presence of a bungalow would not be conspicuous, and I do not consider that its width or overall appearance would be incongruous or inappropriate. 10.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision However, the plot to the dwelling would be comparatively narrow, and spacing around the building would be relatively limited with only a small gap to the side of No 9 and no set in from the boundary to its other side. This would be at odds with the more generous plots to dwellings and gaps between development of more than one-storey that are characteristic nearby. In addition, the frontages of the dwelling and of No 9 would predominantly accommodate refuse and cycle storage and parking. The appellant advises that remaining areas would provide for landscaping, but these would nevertheless be of limited size. In my view, the overall development would therefore erode the spacious character of its surroundings and would appear somewhat cramped on the site with detriment to the character and appearance of the area. 11. Be that as it may, I observed a number of examples in the street of dwellings which have single-storey development to their side filling the space up to the boundary.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision The development would not be single-storey, but the roof would slope up away from the boundary, and the modest projection of the dormers from the roofslope means that there would be a degree of spaciousness around the upper part of the building, and some views would also be retained through to the rear of the site. This would help to temper the reduction in openness and the visual impacts of the proposal, particularly in comparison to the existing development on the site where direct views from the street towards the rear garden are only possible above the existing side projection and garage to No 9. 12. Furthermore, I noted other dwellings within the street scene with frontages predominantly given over to hardstanding and minimal soft landscaping. There would be some opportunity for planting to the front of No 9 and the dwelling, and while areas would be small, I do not find the extent of hardstanding would in itself be out of keeping or dominant within the street scene. The appellant additionally comments that they would be willing to relocate cycle and refuse storage to the rear of the site which would allow for additional landscaping.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision I do not consider this would be practicable for No 9 which is not shown to have a side access, but I am satisfied that details of revised storage arrangements and landscaping for the proposed dwelling could be secured by appropriately worded conditions, and would avoid undue visual clutter to the front of the site. 13. Nevertheless, the proposal would result in some limited harm to the character and appearance of the area, and in this regard it would be contrary to Policies SS1 and UD1 of Watford’s Local Plan Part 1 Core Strategy 2006-2031 (CS) which together broadly seek high standards of design and require that https://www.gov.uk/planning-inspectorate 3
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision I do not consider this would be practicable for No 9 which is not shown to have a side access, but I am satisfied that details of revised storage arrangements and landscaping for the proposed dwelling could be secured by appropriately worded conditions, and would avoid undue visual clutter to the front of the site. 13. Nevertheless, the proposal would result in some limited harm to the character and appearance of the area, and in this regard it would be contrary to Policies SS1 and UD1 of Watford’s Local Plan Part 1 Core Strategy 2006-2031 (CS) which together broadly seek high standards of design and require that https://www.gov.uk/planning-inspectorate 3
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/21/3278496 development should respect and enhance the local character of the area in which it is located. The proposal would conflict with these requirements. There would also be conflict with the National Planning Policy Framework (the Framework) insofar as it requires well-designed places and development that is sympathetic to local character and that adds to the overall quality of an area. Planning Balance 14. The proposal would cause some erosion of the spacious character of the area, and would result in conflict with Policies SS1 and UD1 of the CS. However, there would be scope to provide additional landscaping to the front of the site to soften the development. The magnitude of harm to the character and appearance of the area would be further moderated by the height and sloping roof of the development which retain a degree of spaciousness on the site and views through to the rear garden. 15. Set against this, the Framework seeks to significantly boost the supply of housing to meet needs.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision It comments that decisions should promote an effective use of land in meeting the need for homes and other uses, and states that substantial weight should be given to the value of using suitable brownfield land within settlements for homes. The development would make effective use of the previously developed site which is within an existing settlement with access to some local services as well as public transport links nearby and would provide an additional dwelling. The scale of the development means that the contribution towards the supply of housing would be small. Nevertheless, in the context of the advice within the Framework, I give these matters substantial weight which I find would outweigh the conflict with Policies SS1 and UD1 of the CS and the modest harm to the character and appearance of the area in this instance. 16. Accordingly, there are material considerations which indicate that the appeal should be allowed, notwithstanding the conflict with the development plan. Conditions 17. I have considered suggested conditions against the tests at paragraph 56 of the Framework and made minor amendments where necessary for clarity, brevity or to ensure compliance with the relevant tests.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — Appeal Decision In addition to the standard time limit, I have imposed a condition specifying the approved plans for the avoidance of doubt and in the interest of certainty. I have also imposed conditions to secure details of external materials, provision for hard and soft landscaping and cycle and bin storage which are necessary to ensure a satisfactory appearance in light of my findings above and in the interests of the character and appearance of the area. Conclusion 18. The proposal would conflict with the development plan, but material considerations outweigh this conflict. For the reasons given above, I therefore conclude that the appeal should be allowed.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — J Bowyer INSPECTOR https://www.gov.uk/planning-inspectorate 4
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — J Bowyer INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/Y1945/W/21/3278496 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Unless otherwise amended under the conditions below, the development hereby permitted shall be carried out in accordance with the following approved plans: 21/104/1, 21/104/2A, 21/104/3 and Site Plan. 3) No work shall commence above the level of the damp-course until full details of the external materials to be used for the development including facing bricks, roof tiles, dormer windows, doors and windows have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4) The development shall not be occupied until full details of a hard landscaping scheme, including details of the materials and drainage of all hardstanding and the site boundary treatments have been submitted to and approved in writing by the Local Planning Authority, and the works have been carried out in accordance with the approved details. The works shall thereafter be retained as approved.
9 Holtsmere Close, Watford, Herts, WD25 9NG — Watford Borough Council — J Bowyer 5) The development shall not be occupied until full details of a soft landscaping scheme have been submitted to and approved in writing by the Local Planning Authority. The approved landscaping scheme shall be carried out not later than the first available planting and seeding season after completion of the development. Any trees or plants whether new or existing which within a period of five years die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, or in accordance with details which have first been submitted to and approved in writing by the Local Planning Authority. 6) Notwithstanding the details shown on the approved plans, the development shall not be occupied until details of the location, design, construction and materials of the bin stores and cycle stores for the existing and proposed dwellings have been submitted to and approved in writing by the Local Planning Authority and the works have been carried out in accordance with the approved details. The stores shall thereafter be retained as approved. https://www.gov.uk/planning-inspectorate 5
Main issues and findings
Character and appearance Against appellant ¶10
The development would erode the spacious character of its surroundings and appear somewhat cramped on the site with detriment to the character and appearance of the area.
Character and appearance Against appellant ¶13
The proposal would result in some limited harm to the character and appearance of the area and conflict with Policies SS1 and UD1 of the CS.
Character and appearance Against appellant ¶14
The proposal would cause some erosion of the spacious character of the area and result in conflict with Policies SS1 and UD1 of the CS.
Planning obligations For appellant ¶17
The Inspector considered suggested conditions and imposed conditions to secure details of external materials, provision for hard and soft landscaping and cycle and bin storage.
Policies relied on
| Reference | Weight |
|---|---|
| Policies SS1 and UD1 of the CS |
Substantial |
| National Planning Policy Framework |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 5 pages, issued by the Planning Inspectorate on 12 January 2022 under the Open Government Licence.