Case 3285080

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG

Broxtowe Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
19 May 2022
Authority
Broxtowe Borough Council
Inspector
Bayliss G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Graham Thurgood
Agent
MIC Design
LPA reference
21/00005/FUL
ONS LPA code
E07000172
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 February 2022

Summary AI

The appeal for a two-storey dwelling at 42 Greenhills Road, Eastwood was dismissed due to the potential harm to the character and appearance of the area. The proposed dwelling would occupy the open corner, causing significant harm, and conflict with policy 17 of the Broxtowe Borough Council's Local Plan and the National Planning Policy Framework.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision Site visit made on 29 March 2022 by G Bayliss BA (Hons) MA MA MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 19 May 2022 Appeal Ref: APP/J3015/W/21/3285080 42 Greenhills Road, Eastwood NG16 3DG • 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 Graham Thurgood against the decision of Broxtowe Borough Council. • The application Ref 21/00005/FUL, dated 5 January 2021, was refused by notice dated 22 April 2021. • The development proposed is a two storey dwelling with associated vehicle access and carparking, re-siting of gates and dropped kerbs. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 3. The appeal site is within a residential area characterised by dwellings of a variety of sizes and styles. The site is positioned on the corner of Greenhills Road and Moorfields Avenue and would occupy the side garden and part of the frontage to 42 Greenhills Road (No.42). The site of the proposed dwelling currently has a gravelled surface and is predominantly used for parking.

Page 1 · Chunk 1 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision No.42 and No.44, across Moorfields Avenue, are both semi-detached properties which are set back from the road junction resulting in generous open corners to both sides, allowing open vistas and a feeling of spaciousness in this immediate area. 4. Open corners to road junctions are a characteristic feature of roads running south off Greenhills Road in the vicinity of the appeal site and these break up the built frontage and contribute positively to the character of the area. Open corners are seen nearby at Owlston Close. Even at Estwic Avenue, which is further away from the appeal site, the set back of the garages and their subordinate scale, and the wider grass verge on the opposite side, reflects the characteristic, spacious junctions. 5. Whilst there is a consensus between both parties that the design, scale and materials of the proposed dwelling would be acceptable, it would occupy practically all of the area between No.42 and Moorfields Avenue resulting in the loss of this open corner and considerably eroding the feeling of spaciousness at the junction. The dwelling would appear squeezed in and cramped on this https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision Appeal Decision APP/J3015/W/21/3285080 prominent corner street frontage and be an over-intensive form of development to the detriment of the wider street-scene and the character of the area. Consequently, the building would not integrate successfully with its surroundings. 6. I have had regard to the proposed garden sizes at the appeal dwelling and No.42 and from all I that have seen on my visit I am satisfied that unlike the significant, harmful impact of the proposed dwelling, the proposed gardens would not look noticeably small or out of place compared to neighbouring gardens in the immediate area. 7. I have reviewed the examples of new development on corner plots elsewhere in the Borough. I have already noted that development to either side of the junction with Estwic Avenue has managed to retain a level of openness to the corners of the road junction. The other examples are not in the immediate vicinity of the appeal site. I have not been provided with full details that led to these proposals being accepted and cannot be certain of any direct parallels that could be drawn with the current proposals.

Page 2 · Chunk 3 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision In any case, I have determined the appeal on its own merits and the development proposed would considerably change the open nature of this plot which makes a significant contribution to the street scene. 8. The development would therefore cause significant harm to the character and appearance of the area and conflict with Policy 17 of the Broxtowe Borough Council: Part 2 Local Plan (2019) which requires that new development integrates with its surroundings. This Policy also references Policy 10 of the Greater Nottingham Aligned Core Strategies: Part 1 Local Plan (2014) which relates to local identity and reinforcing local characteristics, and there would also be conflict with this policy. It would also be contrary to the high-quality design expectations of section 12 of the 2021 National Planning Policy Framework (the Framework) and section 5 which seeks to resist inappropriate development in residential gardens where such development would cause harm to the local area. Other Matters 9. The evidence before me indicates that the proposal is for a self-build dwelling. The Framework recognises the need to provide housing for different groups including for people wishing to commission or build their own homes.

Page 2 · Chunk 4 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision However, there is no substantive evidence before me to suggest that the proposal would meet unmet demand on the Council’s self-build register. Furthermore, a planning obligation to secure a self-build dwelling has not been provided. This would be the appropriate mechanism to ensure the development would meet the legal definition in the Self-build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016). These factors greatly diminish the positive weight which I afford to the potential provision of a self- build house. 10. I have had regard to other concerns raised by interested parties, including highway safety and use of the existing garage. However, as I have found harm on the main issue for the reasons as given above, I have not pursued these matters further. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision Appeal Decision APP/J3015/W/21/3285080 Planning Balance 11. The Council does not dispute the lack of a five year supply of deliverable housing land. As such it is for me to determine whether the adverse impacts of the development would significantly and demonstrably outweigh the benefits inherent in providing an additional dwelling to assist the Council in addressing its undersupply as set out in paragraph 11 of the Framework. 12. The site has good access to local services, facilities and shops, and will make efficient use of a large garden area. Also, the proposal would deliver an additional dwelling that would add to the Borough’s housing stock and meet the Government’s aims to boost the supply of housing, but one dwelling would be a limited benefit. 13. The proposal would also lead to some social and economic benefits through the construction of the property and the activities of future residents of the scheme which would attract moderate weight in favour of the proposal. However, these matters do not outweigh my findings in respect of the significant harm that the proposal would cause to the character and appearance of the area. As a result, the environmental role of sustainable development would not be achieved.

Page 3 · Chunk 6 Appeal Decision

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — Appeal Decision 14. The appeal proposal would therefore conflict with the development plan and when assessed against the policies in the Framework as a whole, the adverse impacts of granting permission would significantly and demonstrably outweigh the socio-economic benefits of the proposal that I have identified. Therefore, the proposal would not be a sustainable form of development. Conclusion 15. For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be dismissed.

Page 3 · Chunk 7 G Bayliss

42 Greenhills Road, Eastwood, NOTTINGHAM, NG16 3DG — Broxtowe Borough Council — G Bayliss INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶5

The proposed dwelling would appear squeezed in and cramped on the prominent corner street frontage and be an over-intensive form of development to the detriment of the wider street-scene and the character of the area.

Heritage impact
Against appellant
¶8

The development would cause significant harm to the character and appearance of the area and conflict with Policy 17 of the Broxtowe Borough Council: Part 2 Local Plan (2019) and the National Planning Policy Framework.

Living conditions
Neutral
¶6

The proposed garden sizes at the appeal dwelling and No. 42 would not look noticeably small or out of place compared to neighbouring gardens in the immediate area.

Policies relied on

Reference Weight
Policy 17 of the Broxtowe Borough Council: Part 2 Local Plan (2019)
Determinative
Policy 10 of the Greater Nottingham Aligned Core Strategies: Part 1 Local Plan (2014)
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 19 May 2022 under the Open Government Licence.