75 White Road, CHATHAM, ME4 5TL
Medway Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 29 July 2022
- Authority
- Medway Council
- Inspector
- Evans L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Billy Phillips
- Agent
- Town Planning Law Advocates Ltd
- LPA reference
- MC/21/2269
- ONS LPA code
- E06000035
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 28 January 2022
Summary AI
The appeal for a three-storey, one-bedroom dwelling in a predominantly residential area was dismissed due to concerns over the proposal's impact on the character and appearance of the local area, despite the inspector finding that the dwelling would provide suitable living conditions for future occupants.
PDF text
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision Site visit made on 7 July 2022 by Lynne Evans BA MA MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 29 July 2022 Appeal Ref: APP/A2280/W/21/3287459 75 White Road, Chatham ME4 5TL • 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 Billy Phillips against the decision of Medway Council. • The application Ref: MC/21/2269 dated 30 July 2021, was refused by notice dated 24 September 2021. • The development proposed is construction of a three storey, one bedroom (2-person) dwelling on the northern side of the existing dwelling. Decision 1. The appeal is dismissed. Main Issues 2. The main issues in this appeal are: a) The effect of the proposal on the character and appearance of the local area, and b) Whether future occupants would be provided with suitable living conditions, with particular regard to the size of the bedroom. Reasons Issue a) Character and Appearance 3. The appeal property is an end of terrace, two storey residential dwelling on the east side of White Road and within a predominantly residential area.
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision As existing there is an open gap to the side of the property laid out as a parking space with access to the rear garden. The surrounding residential area is characterised with a regular pattern of terraced and semi-detached pairs of houses with generally good-sized open gaps to the side. 4. The proposal would extend the terrace with a side extension under a gable ended roof, including a flat roofed dormer at the rear, to create a new one- bedroom dwelling. 5. I agree that there would be no issue with the principle of introducing a new dwelling in this location given that the property falls within a settlement area and the objective to increase housing supply is clearly set out at a national and local level. However, the proposed new house and its plot would be significantly and noticeably narrower than the width of the surrounding https://www.gov.uk/planning-inspectorate
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision Appeal Decision APP/ A2280/W/21/3287459 properties. There would also be poor fenestration detailing which would not line up with and would be different in style with the adjoining pattern of fenestration on surrounding properties. As a result, the proposed new dwelling would appear visually discordant and intrusive in the street scene and so detract from the character and appearance of the surrounding area. 6. Although hipped roofs are predominant, there are a number of gable ended roofs in the vicinity, including opposite the appeal site. However, in this instance I agree with the Council that the proposed gable ended roof would appear out of place with the terrace to which it would be attached and the neighbouring semi-detached pair. The proposed roof form would exacerbate the visual discordance of the proposed infill house and its harm to the character and appearance of the local area. 7. I agree that government advice is to support an efficient use of land but in this instance and for the reasons set out above, and in particular the proposed width of the house and its plot, I consider that the proposal would appear cramped and an overdevelopment of the site. 8.
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision I therefore conclude that the proposed new house would detract from and would harm the character and appearance of the local area. This would conflict with Policies BNE1 and H4 of the Medway Local Plan and the National Planning Policy Framework (Framework) and in particular Section 12, all of which seek a good quality of design which respects the local context. Issue b) Living Conditions of Future Occupants 9. The Council has considered the proposed dwelling against the Technical housing standards – a nationally described space standard introduced in March 2015. However, as the Local Plan predates the introduction of these standards and there is no indication that there is a local plan policy based on evidenced local need to use these standards, they need to be considered as guidance only. 10. Although the size of the bedroom would be slightly smaller than the standard, it would be regularly shaped and, in my view, it would be suitable to serve as the only bedroom for the house. Overall, the accommodation would be suitable and of sufficient size and arrangement, internally and externally to serve as a one bedroom dwelling. 11.
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision I am therefore satisfied that the proposed dwelling would provide suitable living conditions for future occupants. There would be no conflict with Policy BNE2 of the Medway Local Plan and the Framework and in particular paragraph 130 f), both of which seek to protect the amenities of existing and future occupiers. Other Considerations 12. The Appellant has drawn my attention to a number of two storey side extensions granted permission by the Council. On the basis of the information provided, I have taken these into account, but each proposal must be determined on its individual planning merits. Furthermore, these all appear to relate to two storey extensions to existing properties and therefore do not directly compare with the proposal before me that would create a new dwelling. https://www.gov.uk/planning-inspectorate 2
75 White Road, CHATHAM, ME4 5TL — Medway Council — Appeal Decision Appeal Decision APP/ A2280/W/21/3287459 Planning Balance and Conclusion 13. There is no issue with the principle of the proposed development, and I have found that the proposed internal and external accommodation would provide appropriate living conditions for future occupants. However, these findings do not outweigh the harm I have concluded to the character and appearance of the local area. 14. For the reasons given above and having regard to all other matters raised, I conclude that this appeal should be dismissed.
75 White Road, CHATHAM, ME4 5TL — Medway Council — L J Evans INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶5
The proposed new house and its plot would be significantly and noticeably narrower than the width of the surrounding properties, and the poor fenestration detailing would not line up with and would be different in style with the adjoining pattern of fenestration on surrounding properties.
Character and appearance Against appellant ¶6
The proposed gable ended roof would appear out of place with the terrace to which it would be attached and the neighbouring semi-detached pair, exacerbating the visual discordance of the proposed infill house.
Living conditions For appellant ¶11
The accommodation would be suitable and of sufficient size and arrangement, internally and externally to serve as a one-bedroom dwelling, and the size of the bedroom would be regularly shaped and suitable for a single bedroom.
Policies relied on
| Reference | Weight |
|---|---|
| Policies BNE1 and H4 of the Medway Local Plan and the National Planning Policy Framework |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 29 July 2022 under the Open Government Licence.