Case 3282610

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED

Central Bedfordshire — appeal allowed

Outcome
Allowed
Decision date
27 June 2022
Authority
Central Bedfordshire
Inspector
Griffiths S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Digerie Ltd
Agent
Digerie Ltd
LPA reference
CB/21/02480/FULL
ONS LPA code
E06000056
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 February 2022

Summary AI

The inspector allowed the appeal for the erection of a 1 bedroom bungalow on land to the rear of No7 Regent Street, Stotfold, subject to conditions. The inspector considered the proposals would not harm the character and appearance of the area, and would not offend policy HQ1 of the Central Bedfordshire Local Plan or paragraph 130a of the Framework.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision Site visit made on 26 May 2022 by Sian Griffiths BSc(Hons) DipTP MScRealEst MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 27TH June 2022 Appeal Ref: APP/P0240/W/21/3282610 Land to the rear of No7 Regent Street, Stotfold SG5 4ED • 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 Alastair Mugford against the decision of Central Bedfordshire Council. • The application Ref CB/21/02480/FULL, dated 29 April 2021, was refused by notice dated 1 September 2021. • The development proposed is the erection of a 1 bedroom bungalow with associated garden amenities, off street parking and demolition of the existing single garage. Decision 1. The appeal is allowed and planning permission is granted for the erection of a 1 bedroom bungalow with associated garden amenities, off street parking and demolition of the existing single garage on land to the rear of No7 Regent Street, Stotfold, SG5 4ED in accordance with the terms of the application, Ref CB/21/02480/FULL, dated 29 April 2021 and the plans submitted with it, subject to the conditions set out in Appendix A. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision During the determination of the application, the council changed the description of development to include the demolition of the single garage. I have therefore used the description of development on the decision notice for precision. Reasons 3. The main issue is the effect of the appeal proposals on the character and appearance of the area. 4. The appeal site is an area of former garden land which appears to have originally served No7 Regent Street, a semi-detached two storey house. The appeal site also contains a single garage and driveway access from the cul de sac (Regent Gardens) which is accessed via a road between No 7 and No 5 and serves an existing small courtyard development of houses to the rear known as Regent Gardens. 5. Regent Gardens is a modern ‘backland’ development of predominantly two storey houses. At the site visit I noted that a new bungalow (No1) was being completed, directly opposite the appeal site. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3282610 6. The area has a pleasant suburban character, which is predominantly two storey residential semi-detached houses, interspersed with some small local shops and other services situated along Regent Street. 7. The existing bungalow (No1 Regency Gardens) opposite the appeal site appears to have been developed on former garden land serving No5 Regent Street. It appears to me that these appeal proposals would be of a similar scale. 8. Policy HQ1 (High Quality Development) of the Central Bedfordshire Local Plan (2021) (LP) seeks good design in development proposals that respects the context and character of the surrounding area and refers to the Central Bedfordshire Design Guide. 9. Paragraph 130a of the Framework states that planning decisions should ensure that development will ‘function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development’. 10. The garden area to serve the proposed bungalow would be approximately 48.36 sqm and the separation of the proposed bungalow from No1 Regent Gardens (the bungalow opposite) would be approximately 20m.

Page 2 · Chunk 3 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision I consider the garden area to be acceptable, given it would serve a one bed bungalow. The separation distance being 20m against the more desirable 21m is also acceptable given the single storey nature of the development and the design of the fenestration to the principle elevation of the proposed bungalow. 11. Clearly, whilst the proposals would increase the density of development within the area, I do not agree that the result would necessarily result in a cramped form of development. I have carefully considered the impact of No1 Regency Gardens, which is nearly complete and appears to successfully integrate into its setting. I have no reason to believe that this would not be the same for the appeal proposal. 12. I consider the proposed bungalow would eventually assimilate well into the existing Regency Gardens development. I therefore do not identify that there would be harm to the character and appearance of the area, nor would there be offence to Policy HQ1 of the LP, nor paragraph 130a of the Framework. Other Matters 13. I have considered the comment that the proposed fence boundary surrounding the proposed bungalow would be too high at 1.8m and could harm the outlook of future occupiers.

Page 2 · Chunk 4 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision In response to this, I have included the suggested condition to ensure the council are in a position to determine what the boundary treatments for the site would be appropriate before the bungalow is occupied. 14. Whilst not a refusal reason, I note the concerns of third parties about the loss of car parking serving No7 Regent Street, but as the garden had already been sub-divided in terms of ownership, the loss of parking had effectively taken place. At the site visit I noted that double yellow lines were in place along Regent Street, but that there were other unrestricted off-street parking opportunities in nearby streets. I therefore do not consider that this matter alone would indicate that the appeal should be dismissed. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/21/3282610 Conditions 15. I have applied a number of planning conditions. Firstly, for the purposes of certainty and in the interests of proper planning, I have imposed a planning condition requiring the development to be carried out within a set timescale (1). In order to protect the character and appearance of the area, I have also imposed a condition to ensure facing materials match those of the surrounding development (2), as well as a condition requiring the design of boundary treatments to be agreed (3) and a condition requiring the development to be carried out in accordance with the approved plans (10). In order to protect the living conditions and environment of neighbouring and future residents, there is a condition (4) requiring the NE facing bathroom window to be obscure glazed; a condition to retain the off street parking spaces (9) and conditions (5 and 6) to carry out works in accordance with the council’s construction and environmental codes.

Page 3 · Chunk 6 Appeal Decision

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Appeal Decision Finally, I have imposed a condition (7) for an electric car charging point to maximise opportunities for the use of sustainable transport modes and condition 8 (refuse collection point and visibility splays) in the interests of highway safety. Conclusions 16. For the reasons given, and having regard to all other matters raised, the appeal is allowed, subject to the conditions set out in Appendix A.

Page 3 · Chunk 7 Sian Griffiths

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Sian Griffiths INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 8 Sian Griffiths

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Sian Griffiths INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 Sian Griffiths

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Sian Griffiths Appeal Decision APP/P0240/W/21/3282610 Appendix A – Planning Conditions 1) The development hereby permitted shall begin not later than three years from the date of this permission. 2) All external works hereby permitted shall be carried out in materials to match as closely as possible in colour, type and texture, those of those outlined within Section 7 of the application form. 3) A scheme shall be submitted for approval in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed in accordance with the approved scheme before the building is occupied and be thereafter retained. 4) 4 The northeast facing bathroom window in the rear elevation of the development hereby permitted shall be permanently fitted with obscured glass of a type to substantially restrict vision through it at all times and shall be non-opening, unless the parts of the window which can be opened are more than 1.7m above the floor of the room in which the window is installed. 5) The development hereby permitted shall be undertaken in full accordance with the Council’s adopted ‘Construction Code of Practice for Developers and Contractors’.

Page 4 · Chunk 10 Sian Griffiths

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Sian Griffiths 6) The development hereby permitted shall be undertaken in full accordance with the Council’s adopted ‘Environmental Code of Practice’. 7) No development shall commence above ground level until a scheme (based on current government policy/guidance at the time of submission) for the provision of electric charging points has been submitted to and approved in writing by the local planning authority. The charging points shall be provided as approved prior to the occupation of the buildings they serve. 8) Details of a refuse collection point located outside of the public highway and any visibility splays shall be submitted to and approved by the Local Planning Authority prior to the occupation of any dwelling. The scheme shall be fully implemented prior to occupation of any dwelling and shall be retained thereafter. 9) Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 2015, or any amendments thereto, the parking provision on the site shall not be used for any purpose, other than as parking provision unless permission has been granted by the Local Planning Authority on an application made for that purpose.

Page 4 · Chunk 11 Sian Griffiths

Land to the rear of 7 Regent Street, Stotfold, Hitchin , SG5 4ED — Central Bedfordshire — Sian Griffiths 10) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers 03-05-001, 03-03-010, 03-03-001, 03-02-002, 03-02-001. Reason: To identify the approved plan/s and to avoid doubt. https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Character and appearance
Against appellant
¶7

The inspector considered the proposed bungalow would be of a similar scale to the existing bungalow opposite, and would not harm the character of the area.

Character and appearance
Against appellant
¶11

The inspector considered the proposals would increase the density of development within the area, but would not result in a cramped form of development.

Living conditions
Neutral
¶14

The inspector noted concerns about the loss of car parking serving No7 Regent Street, but considered this would not indicate that the appeal should be dismissed.

Policies relied on

Reference Weight
Policy HQ1 of the Central Bedfordshire Local Plan (2021) (LP)
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 27 June 2022 under the Open Government Licence.