16 Sowerby Avenue, Luton, Beds, LU2 8AF
Luton Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 29 April 2022
- Authority
- Luton Borough Council
- Inspector
- Chalk M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Gaetano Catuara
- Agent
- Triad Planning & Design Ltd
- LPA reference
- 21/00218/FUL
- ONS LPA code
- E06000032
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 26 January 2022
Summary AI
The appeal for a new bungalow and detached garage in Luton was dismissed due to harm to the character and appearance of the area. The inspector considered the proposal would conflict with the prevailing pattern of development and would be incongruous in its setting. The benefits of the development, including contributing to the Government's objective of boosting the supply of homes, were outweighed by the harm caused.
PDF text
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — Appeal Decision Site visit made on 11 April 2022 by M Chalk BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 29th April 2022 Appeal Ref: APP/B0230/W/21/3283396 16 Sowerby Avenue, Luton, LU2 8AF • 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 Gaetano Catuara against the decision of Luton Borough Council. • The application Ref 21/00218/FUL, dated 9 February 2021, was refused by notice dated 8 April 2021. • The development proposed is construction of one dwelling and detached single garage, plus alterations to existing bungalow. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Council does not consider that the proposed alterations to the existing dwelling would cause harm to the character and appearance of the area. I see no reason to disagree with this, and therefore I shall only address the proposed bungalow and related development. Main Issues 3. The main issues are: • The effect of the proposed development on the character and appearance of the area; and, • The effect on the living conditions of neighbouring occupiers. Reasons Character and appearance 4.
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — Appeal Decision The appeal site lies to the rear of the host property. Surrounding properties are arranged in a broadly linear layout facing onto the street. There are no similar backland developments or structures of similar scale visible to the rear of houses in the vicinity of the appeal site, and therefore the proposed bungalow would appear incongruous in its setting. The bungalow would be finished in external materials appropriate to the area, but this would not be sufficient to overcome the harm resulting from its siting. 5. The site, including the host dwelling and its retained garden area, is relatively large in comparison to neighbouring plots. While there would be some loss of spaciousness because of the development, the proposal is for a bungalow with https://www.gov.uk/planning-inspectorate
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — Appeal Decision Appeal Decision APP/B0230/W/21/3283396 no accommodation in the roof and the existing and proposed bungalows would be sufficiently distant from one another that this loss of spaciousness would not in itself be harmful to the wider area. 6. Nevertheless, the appeal proposal is for backland development that conflicts with the prevailing pattern of development in the area and would be harmful to its character and appearance. It therefore conflicts with Policies LLP1, LLP15 and LLP25 of the Luton Local Plan 2011-2031. Taken together these policies require that new housing development be of high quality design that enhances the distinctiveness and character of the area by responding positively to the site and building context. Living conditions 7. The development would create a new driveway along the boundary with No 18 with a garage and parking space next to the boundary with No 14 and the existing house, No 16. There would be some additional noise and disturbance from vehicles using the driveway and parking area. However, the proposal is only for a single dwelling and therefore the volume of traffic would be relatively small, even allowing for delivery and visitor vehicles.
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — Appeal Decision The proposed development includes provisions for landscaping to the boundary with No 18 and close-boarded fencing to the boundaries with neighbouring properties which could be secured by condition if I were otherwise minded to allow the appeal. Given the limited volume of traffic likely to result from the proposed development, it would therefore not cause unacceptable harm to the living conditions of neighbouring occupiers. Planning Balance 8. The appeal proposal would create one new generously sized bungalow, contributing to the Government’s objective of significantly boosting the supply of homes. The site is in a sustainable location for new residential development, and there is a need for three-bedroom homes in Luton. The development would be a more efficient use of a relatively large site. 9. However, there would be harm to the character and appearance of the area from the proposed development due to its backland siting conflicting with the prevailing pattern of development. In this instance the benefits arising from a single dwellinghouse would not outweigh this harm. 10.
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — Appeal Decision There are therefore no material considerations in this case to indicate that this appeal should be determined otherwise than in accordance with the development plan. Conclusion 11. For the reasons set out above, the appeal fails.
16 Sowerby Avenue, Luton, Beds, LU2 8AF — Luton Borough Council — M Chalk INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶4
The proposed bungalow would be incongruous in its setting due to its backland siting and would conflict with the prevailing pattern of development.
Character and appearance Against appellant ¶6
The proposal would conflict with policies LLP1, LLP15 and LLP25 of the Luton Local Plan 2011-2031, which require new housing development to be of high quality design that enhances the distinctiveness and character of the area.
Living conditions For appellant ¶7
The proposed development would not cause unacceptable harm to the living conditions of neighbouring occupiers, as the volume of traffic would be relatively small and provisions for landscaping and close-boarded fencing could be secured by condition.
Policies relied on
| Reference | Weight |
|---|---|
| LLP1 |
Determinative |
| LLP15 |
Determinative |
| LLP25 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 29 April 2022 under the Open Government Licence.