8 Cobbs Lane, POOLE, BH15 3LH

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision Site visit made on 28 February 2022 by Benjamin Webb BA(Hons) MA MA MSc PGDip(UD) MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 16 March 2022 Appeal Ref: APP/V1260/W/21/3278637 8 Cobbs Lane, Poole BH15 3LH • 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 Garrie Spark against the decision of BCP Council. • The application Ref APP/20/01497/F, dated 18 December 2020, was refused by notice dated 2 March 2021. • The development proposed is described as 1No. new dwelling and reduction of existing. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effects of the development on: • the character and appearance of the area; • the living conditions of occupants of the existing dwelling in relation to amenity space and outlook; and • the environment, in relation to energy use. Reasons Character and appearance 3. 8 Cobbs Lane is a chalet bungalow that occupies a long plot backing onto Old Farm Road. The proposed development would entail splitting the plot, and construction of a single storey bungalow facing Old Farm Road. 4. Old Farm Road contains a mix of dwellings.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision Some such dwellings form groups of similar type providing pockets of consistency. This is the case in relation to 47–55 Old Farm Close, a regularly staggered group of single storey bungalows which stand immediately to the east of the site. Though separated from this group by the site, 45 Old Farm Close to the west is also consistent with the pattern. Given its orientation and position within the plot No 8 is at odds with both this group and the broader streetscene. 5. The proposed bungalow would be principally viewed in relation to the dwellings either side, and thus the group containing Nos 45-55. Though it too would be a single storey bungalow, it would be differently scaled, of different design, and set much closer to the street. The latter would conflict with the existing staggered arrangement of bungalows to either side. This would be made more https://www.gov.uk/planning-inspectorate

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/21/3278637 obvious by its resulting increased prominence, and accentuated by other differences in design. 6. Moreover, given its greater scale, No 8 would remain visible in close proximity immediately to the rear of the proposed bungalow. The arrangement would be atypical of the existing layout of development in Old Farm Close, and would appear cramped. This, in combination the above would cause the proposed bungalow to appear harmfully incongruous within the surrounding streetscene. 7. For the reasons outlined above I conclude that the development would harm the character and appearance of the area. It would therefore conflict with Policy PP27 of the Poole Local Plan 2018 (the LP) which seeks to secure development that reflects or enhances local patterns of development and neighbouring buildings; and Policy PP28 of the LP insofar as this seeks to restrict residential development involving plot severances where this would fail to fail to preserve or enhance an area’s residential character. Living conditions 8. The master bedroom of No 8 currently occupies the roof space with gable end window/double doors facing to the rear.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision I have been provided with no plan showing the elevation as modified following reduction in the depth of No 8. The plans provided nonetheless state that the rear window would be obscured and top opening at 1.7m. This would be required to prevent direct overlooking of the garden of the proposed bungalow and possible views into its bedroom. In the absence of the measures described such overlooking would give rise to an unacceptable adverse effect on the privacy of future occupants of the proposed bungalow. 9. In consequence of the measures described, the master bedroom would lack any clear outlook. Nor is it apparent how this could be easily resolved as windows to either side would themselves give rise to potential overlooking of neighbours. The lack of outlook would provide unacceptably oppressive living conditions for occupants of the room. 10. No 8 would retain parking space on its Cobbs Lane frontage, and a reduced area of garden space to the rear would be provided partly by reduction in the length of No 8 itself. In this regard the Council has no adopted standards for the provision of outdoor amenity space.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision It is nonetheless appropriate to consider whether the provision of space would meet the likely needs of occupants. 11. Space would be retained both to the front and side of No 8. Most would be required for parking and circulation, as it is at present. To the rear the appellant claims that garden space would be 5.6 metres deep. The space would be far more compact than the existing, and less than the back garden space attached to neighbouring dwellings. However, in the absence of evidence to the contrary it appears that this, in combination with other space, would be sufficient to accommodate a range of typical outdoor activities, including seating, hanging of washing and play. 12. As the proposed garden would mostly occupy existing garden space, most existing attributes would remain unchanged. The garden would remain north facing, bounded by fences on 3 sides, and existing neighbouring dwellings would continue to have a strongly perceived visual and physical presence. https://www.gov.uk/planning-inspectorate 2

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/21/3278637 Aside from the reduced depth and area of the garden, and related movement of the boundary, the only difference would be the presence of the proposed dwelling. 13. Though of modest scale and hipped roof form, the presence of the proposed dwelling would be clearly perceived from within the garden. In combination with the relocated boundary, this would increase the sense of enclosure over and above that which already exists. However, as it appears unlikely that this would have a significant adverse effect on use of the garden, the latter would be reasonably fit for purpose. 14. For the reasons outlined above I conclude that the development would provide acceptable living conditions for occupants of No 8 in relation to amenity space, but not outlook. The development would therefore conflict with Policy PP27 of the LP insofar as this seeks to ensure that development does not result in a harmful impact upon amenity for both local residents and future occupiers. Energy use 15. The master bedroom window of No 8 would face north. In this regard it would again be no different to the existing window. Obscured glazing would reduce the level of light passing through the window.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision The extent of the reduction would depend on the type of glass. However, it is unlikely that such a change would be sufficient to cause a radical shift in the use of artificial sources of heat and light within the room. 16. Insofar as the officer report additionally makes reference to the living room below, its glazed opening would again continue to face north. It would not be obscure glazed, and it appears that there would be no additional obstruction of light. As such, there is no reason to believe that use of artificial sources of heat and light would change. 17. The Council otherwise acknowledges that the proposed dwelling could meet requirements set out in Policy PP37 of the LP in relation to the use of renewable energy. It is of note that as Policy PP37 relates to new dwellings it is not applicable to No 8. 18. For the reasons outlined above I conclude that the development would have an acceptable environmental effect in relation to energy use. Insofar as it is relevant the development would therefore comply with Policy PP37, as set out above. Other Matters 19. The National Planning Policy Framework (the Framework) promotes the effective use of land and seeks to significantly boost the supply of housing.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision It does so whilst underlining the desirability of maintaining an area’s prevailing character and setting, and the importance of good design, which includes the provision of a high standard of amenity for existing and future users. Thus whilst the development would provide an additional dwelling in a sustainable location through more efficient use of the site, its design failures would not result in overall compliance with the Framework. 20. The scheme was partly refused on the basis that likely significant effects on the integrity of the Dorset Heathlands Special Protection Area (SPA) and Ramsar sites, Dorset Heaths Special Area of Conservation, and the Poole Harbour SPA https://www.gov.uk/planning-inspectorate 3

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision It does so whilst underlining the desirability of maintaining an area’s prevailing character and setting, and the importance of good design, which includes the provision of a high standard of amenity for existing and future users. Thus whilst the development would provide an additional dwelling in a sustainable location through more efficient use of the site, its design failures would not result in overall compliance with the Framework. 20. The scheme was partly refused on the basis that likely significant effects on the integrity of the Dorset Heathlands Special Protection Area (SPA) and Ramsar sites, Dorset Heaths Special Area of Conservation, and the Poole Harbour SPA https://www.gov.uk/planning-inspectorate 3

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision Appeal Decision APP/V1260/W/21/3278637 and Ramsar sites, would not be fully mitigated. This is achieved through measures funded by the Community Infrastructure Levy and financial contributions. A payment was however subsequently made and secured within an agreement under Section 111 of the Local Government Act 1972. Had I been minded to allow the appeal and the circumstances existed in which planning permission could be granted, it would have been necessary for me examine this matter in further detail. However, as I am dismissing the appeal for other reasons, no further consideration is necessary. 21. At the time the application was determined the Council’s Housing Delivery Test (HDT) result fell below 75%. This would have triggered the ‘tilted balance’ set out within paragraph 11 of the Framework had the Council been able to conclude within an Appropriate Assessment that the scheme would not adversely affect the integrity of habitats sites. Though the appellant has since sought to secure mitigation, the most recent HDT result is higher than 75%. Though in each regard circumstances have changed, the consequences in terms of my assessment remain the same. My findings above are therefore unaltered. Conclusion 22.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Appeal Decision The effects of the development on the character and appearance of the area and the living conditions of occupants of No 8 would be unacceptable, giving rise to conflict with the development plan. There are no other considerations which alter or outweigh these findings. Therefore, for the reasons set out above, I conclude that the appeal should be dismissed.

8 Cobbs Lane, POOLE, BH15 3LH — Bournemouth, Christchurch and Poole — Benjamin Webb INSPECTOR https://www.gov.uk/planning-inspectorate 4