Case 3279138

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF

Bedford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
26 January 2022
Authority
Bedford Borough Council
Inspector
Plenty B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
. . Damson Lane Motor Company
Agent
Phillips Planning Services Limited
LPA reference
19/02832/FUL
ONS LPA code
E06000055
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 October 2021

Summary AI

The appeal for two dwellings on a site in Great Barford, Bedfordshire, has been dismissed due to concerns over character and appearance, and highway safety. Although the site has outline approval for one dwelling, the proposed development would be significantly different and was refused. The Inspector gave moderate weight to the emerging neighbourhood plan and concluded that the proposed development would not be in keeping with the local pattern of development. The highway safety concerns were based on the increased use of the access drive and the potential for congestion and hazards. The living conditions of future occupiers were not considered to be adversely affected by noise.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Site Visit made on 20 December 2021 by B Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 26 January 2022 Appeal Ref: APP/K0235/W/21/3279138 Land Rear Of 54 Bedford Road, Great Barford, Bedford MK44 3JF • 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 Damson Lane Motor Company against the decision of Bedford Borough Council. • The application Ref 19/02832/FUL, dated 24 December 2019, was refused by notice dated 28 April 2021. • The development proposed is for the erection of 2 dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Great Barford Neighbourhood Plan (NP) was subject to referendum recently where residents voted in favour of making it. In accordance with paragraph 48 of the National Planning Policy Framework (The Framework) I am able to give weight to emerging policies dependant on their progress toward adoption. As the NP is relatively advanced, I have afforded its policies moderate weight in my decision. 3. Amended Plans were submitted to the Council during its consideration of the proposal.

Page 1 · Chunk 1 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision This included a revised layout plan ref: J54/51C which replaced plan ref: J54/51B and also revised house types. Although the Council’s Decision Notice refers to both layout plans, I am satisfied that the later plan was the version refused. The amended plans are not materially different. I am therefore satisfied that no party would be prejudiced by my consideration of the most recent submission. 4. Outline Planning permission was granted1 for one dwelling on the appeal site 13 December 2021 with all matters reserved. It is therefore recognised that the site has been found suitable, in principle, for residential development. Main Issues 5. The main issues are: • The effect of the proposed development on the character and appearance of the surrounding area, • The effect of the proposal on highway safety, with particular respect to the access and on-site turning arrangements, and 1 Planning Application Reference: 21/01816/OUT https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/21/3279138 • The effect of the proposed dwellings on the living conditions of future occupiers with respect to noise. Reasons Character and appearance 6. Bedford Road is a main route through Great Barford. Local residential development is a variety of styles and scales. The appeal site consists of a long rear garden, part of a group of plots that are deeper than neighbouring development. This group of larger plots, act as a transition point from the close-knit development to the northeast and the open countryside to the southwest. The site contributes to the spacious setting of this group. Consequently, the site makes a positive contribution to the open character and appearance of the area. 7. The proposed dwellings would be close together and be close to the access driveway. As such, the dwellings would dominate adjacent buildings, especially 1 Coopers Close. These would enclose the private drive with a limited set back due to their shallow frontages. Moreover, the scheme would appear as a connected mass of built form that would not reflect the more dispersed nature of adjacent infill development.

Page 2 · Chunk 3 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Although being of a comparable density to local housing, the proposal would present its main mass close to the edge of the plot and the driveway. The proposal would therefore consist of a form of development where the buildings and hardstanding would be predominant and overt characteristics. 8. Furthermore, the proposed dwellings would intrude into the currently open nature of the plot. This would be at odds with its current sense of spaciousness both of the plot and within neighbouring gardens. The adjacent examples of infill development include buildings with more open frontages. These include double garages and greater areas of landscaping to allow these to successfully integrate with surrounding green space. In contrast, the proposal would have an absence of space for landscaping and would therefore be a more urban form of development. Accordingly, although of comparable density, the dominance and layout of the proposal would not be in keeping with the character of the local pattern of development. 9. For the above reasons, the proposed dwellings would fail to complement the character and appearance of the area.

Page 2 · Chunk 4 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Consequently, the proposal would conflict with policies 28S, 29 and 30 of the Bedford Local Plan 2030 (2020)(LP) and the Council’s Design Guide (2000). These policies seek, among other matters, for development to promote local distinctiveness and contribute positively to the character of an area. Highway safety 10. The Council’s Highway Development Control Design Guide (1995) identifies that no more than five dwellings should be served by a private drive. This informs that an access serving more than five dwellings, that does not meet adoptable standards, could not be safely accessed. Although not in itself determinative, this document and the comments of the Highway Authority, are important material considerations. The access track currently serves three dwellings in Coopers Close, dwellings within Home Farm, Home Farm itself and an associated farm shop. Consequently, the private drive provides access for a https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/21/3279138 range of properties that relate to both agricultural, commercial and residential activity. Accordingly, the relatively narrow drive carries various types of traffic that would be likely to result in occasional congestion and some hazard, especially when the farm and its shop are busy. 11. The proposal would provide each dwelling with driveway space and a space for visitors. The Appellant’s evidence illustrates that traffic associated with the proposal would be relatively small. However, such traffic would require most manoeuvring, on or off driveways, to take place within the private access drive. This would be likely to cause inconvenience to other motorists and pedestrians. Moreover, the access drive would be unable to provide a passing place for vehicles or a safe refuge for pedestrians. Taking the variety of local uses that currently access the driveway, manoeuvring within it would be likely to cause inconvenience and safety risks for existing and proposed users of the driveway. Accordingly, the proposed development, in combination with existing activity, would put further pressure on the use of the access drive and the access. 12.

Page 3 · Chunk 6 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Furthermore, there is limited space within the service road, alongside Bedford Road, for vehicles to wait if the access drive is in use by another vehicle. Accordingly, vehicles would be unable to wait within the service road without affecting the free flow of traffic using it. As a result, the intensification of the private drive would result in an adverse impact on the highway. 13. Also, there would be insufficient space within the application site for a fire tender to turn. Although such a requirement would be rare, it would not be appropriate to rely on turning facilities within the farm or Coopers Close, being beyond the Appellant’s control. Furthermore, future occupiers would need to pull their refuse bins to the service road on collection days. Although this would be similar to occupiers of Coopers Close, the bins would be within the visibility splay of motorists exiting the access drive. As a result, these would contribute to the clutter around the access causing further, albeit limited, detriment to motorist’s visibility upon leaving the drive. 14.

Page 3 · Chunk 7 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Taking the above points together, the increased use of the access would result in highway safety concerns, resulting in obstructions taking place within both the drive and the adjacent service road. 15. Consequently, the proposed development would cause a range of highway effects that would, in combination, prevent the development from functioning well and result in significant adverse highway safety impacts. Accordingly, the proposed development would conflict with policies 29 and 31 of the LP. These seek, among other matters, for development to not have a significant impact on an access to the highway and provide for the functional needs of the scheme. Living conditions 16. Paragraph 174 of the Framework explains that planning decisions should prevent existing development from being adversely affected by unacceptable levels of noise pollution. This is reinforced by paragraph 187 under the agent of change principle. This requires the applicant of new development to provide suitable mitigation where the operation of an existing business could have a significant adverse effect on the proposal. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/21/3279138 17. During my visit I observed and heard activity on the farm. The Council has not indicated that the farm was inactive. Accordingly, whilst noise and activity levels could be lower at the moment due to the current pandemic. This has not substantially affected the collected noise data, that I find sets a reasonable baseline. The appellant’s noise assessment2 identifies that the noise levels generated by the farm would be acceptable subject to the provision of mitigation in the form of glazing attenuation. The Assessment indicates that windows would need to be closed to prevent significant noise being received by future occupiers of the dwellings, especially within plot two. 18. As a working farm, noise levels would fluctuate. As such, it would be unlikely for windows to need to be closed for prolonged periods. Furthermore, passive ventilation would provide a suitable alternative to this if desired by future occupiers. As such, the noise levels from the adjacent farm would not result in a significant adverse noise effect.

Page 4 · Chunk 9 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Consequently, the noise impact identified by the Assessment could be adequately addressed by a planning condition to secure suitable attenuation had I been minded to allow the appeal. 19. Furthermore, plot two is a similar distance from the farm as several other neighbouring dwellings. As a result, the effect of the scheme on the farm would be unlikely to have a greater impact on the business than that caused by the proximity of existing neighbouring development. Furthermore, the outline approval illustrates that the site is suitable for residential development, despite its proximity to the farm. 20. Consequently, the proposal would not harm the living conditions of future occupiers, with respect to noise. Therefore, the proposal would comply with policy 32 of the LP. This includes the requirement for development to take into account and minimise the effects of noise pollution. Other Matters 21. The outline approval illustrates that the site is suitable for one dwelling. A final layout plan for this approval is therefore not before me. However, it is nevertheless clear that such a proposition would be substantially different to the proposal the subject of this appeal, with differing merits. 22.

Page 4 · Chunk 10 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Interested parties have identified that the NP has allocated a large area of land, including Home Farm, for 500 homes. This allocation also proposes to use the private drive to provide pedestrian and cycle access to the village. Should this development come forward in future years the proposed development would not be an obstacle to the delivery of this improved route. Equally, I can also only afford limited weight to any benefits this would deliver in support of the proposal. Overall Conclusion 23. The Framework seeks to boost the supply of housing. The proposed development would make efficient use of previously developed land. It would also be within the settlement boundary of Great Barford which is defined as a Key Service Centre. In such locations infill development is acceptable in principle. These merits weigh in favour of the scheme. 2 Environmental Noise Assessment: by RandTech dated 17/5/20 https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 11 Appeal Decision

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/21/3279138 24. However, the proposed development would fail to complement the character and appearance of the area and would result in adverse highway safety impacts. Therefore, whilst finding no harm to future living conditions, the harm identified outweighs the limited merits of the scheme. The proposal would not accord with the development plan, when taken as a whole. As such, the appeal is dismissed.

Page 5 · Chunk 12 B Plenty

Land Rear Of 54 Bedford Road, Great Barford, Bedford, Bedfordshire, MK44 3JF — Bedford Borough Council — B Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 5

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶6

The proposed dwellings would dominate adjacent buildings, enclose the private drive, and present a connected mass of built form that would not reflect the more dispersed nature of adjacent infill development.

Character and appearance
Against appellant
¶7-8

The proposed dwellings would intrude into the currently open nature of the plot, and the absence of space for landscaping would result in a more urban form of development.

Highway safety
Against appellant
¶10-14

The increased use of the access drive would result in highway safety concerns, including congestion, hazards, and obstructed visibility.

Living conditions
For appellant
¶16-20

The noise levels from the adjacent farm would not result in a significant adverse noise effect, and passive ventilation would provide a suitable alternative to closing windows.

Policies relied on

Reference Weight
Bedford Local Plan 2030 (2020), policies 28S, 29, 30, 31, 32
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 26 January 2022 under the Open Government Licence.