1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF
Broxbourne Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 January 2022
- Authority
- Broxbourne Borough Council
- Inspector
- Chalk M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Dean Marshall
- Agent
- Mr Luke Davis
- LPA reference
- 07/21/0334/F
- ONS LPA code
- E07000095
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 5 October 2021
Summary AI
The appeal was dismissed due to the proposed development's harm to the character and appearance of the area, outweighing its benefits. The development would also result in displacement of parking for nearby houses and would fail to provide adequate amenity space.
PDF text
1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF — Broxbourne Borough Council — Appeal Decision Site Visit made on 14 December 2021 by M Chalk BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 11th January 2022 Appeal Ref: APP/W1905/W/21/3278711 1 Foresters Close, Cheshunt, EN7 6TF • 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 Dean Marshall against the decision of Broxbourne Borough Council. • The application Ref 07/21/0334/F, dated 21 March 2021, was refused by notice dated 25 June 2021. • The development proposed is described as “demolition of existing garage to 1 & 2 Forester Close, erection of 1 bedroom dwelling with associated parking and private amenity space.” Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • The effect of the proposed development on the character and appearance of the area; and, • Whether it would provide acceptable living conditions for future occupiers. Reasons Character and appearance 3. Policy DSC1 of the Broxbourne Local Plan 2020 (the LP) requires, amongst other criteria, that new development enhance local character and distinctiveness. 4.
1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF — Broxbourne Borough Council — Appeal Decision The proposed development would result in the displacement of parking for 1 and 2 Foresters Close. The cars would be parked on the front gardens of these houses, with the soft landscaping replaced with hard surfacing. This would be detrimental to the appearance of the terrace in the street scene, especially as it is prominently sited at the entrance to Foresters Close. 5. The proposed house would appear in keeping with the character of the terrace. However, the development would overall be harmful to the character and appearance of the area. It would therefore conflict with Policy DSC1. Living conditions 6. Policy DSC1 of the LP further requires that development have regard to the Council’s Supplementary Planning Guidance (the SPG). That document seeks a https://www.gov.uk/planning-inspectorate
1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/21/3278711 provision of 50 square metres of amenity space for a one-bedroom house. The proposed development would provide 33 square metres, and this would be irregularly shaped, limiting its usability. 7. However, the SPG is guidance, which allows some flexibility in its application. A one-bedroom house will not typically be used as family accommodation, and there is communal amenity space immediately opposite the appeal site. While this is overgrown in places, it would provide usable open space for future residents due to its size and proximity. On balance, therefore, the development would provide acceptable living conditions for future occupiers having regard to guidance in the SPG and Policy DSC1 of the LP. Other Matters 8. The Council referred to Policy ORC3 of the LP in its decision notice. This policy states that there will be a presumption against the loss of amenity spaces. No amenity space would be lost because of the proposed development, and therefore the policy is not determinative in this appeal. Planning Balance 9. The development would result in the creation of one new dwelling, supporting the Government’s objective of significantly boosting the supply of homes.
1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF — Broxbourne Borough Council — Appeal Decision There is no indication that the Council has a shortfall in its supply of deliverable housing land, but this does not diminish the value of new housing. The benefits of one new house attract limited weight in the overall balance. 10. The proposed development would fail to enhance local character and distinctiveness, and therefore there is conflict with the LP. This attracts moderate weight in the overall balance, given the prominence of the terrace but acknowledging that most properties in Foresters Close have parking on their front gardens, or share a communal drive with little or no soft landscaping. 11. The benefits of the proposed development would not outweigh the harm that it would cause to the character and appearance of the area. There are therefore no material considerations to indicate that this appeal should be determined otherwise than in accordance with the development plan. Conclusion 12. For the reasons set out above, the appeal fails.
1 Foresters Close, Cheshunt, WALTHAM CROSS, EN7 6TF — Broxbourne Borough Council — M Chalk INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶3-5
The proposed development would result in the displacement of parking for 1 and 2 Foresters Close, with cars parked on the front gardens and soft landscaping replaced with hard surfacing, which would be detrimental to the appearance of the terrace.
Character and appearance For appellant ¶5
The proposed house would appear in keeping with the character of the terrace, but the development would overall be harmful to the character and appearance of the area.
Living conditions For appellant ¶6-7
The proposed development would provide acceptable living conditions for future occupiers, having regard to guidance in the SPG and Policy DSC1 of the LP, due to the provision of communal amenity space opposite the appeal site.
Planning obligations Neutral ¶8
Policy ORC3 of the LP is not determinative in this appeal, as no amenity space would be lost due to the proposed development.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DSC1 of the Broxbourne Local Plan 2020 |
Determinative |
| Policy ORC3 of the Broxbourne Local Plan 2020 |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 11 January 2022 under the Open Government Licence.