2A Canada Road, Walmer, CT14 7DZ

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision Site visit made on 8 June 2023 by C Shearing BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 3 July 2023 Appeal Ref: APP/X2220/W/22/3290494 2A Canada Road, Walmer, Kent CT14 7DZ • 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 Williams against the decision of Dover District Council. • The application Ref 21/01302# • , dated 6 August 2021, was refused by notice dated 9 December 2021. • The development proposed is erection of a detached dwelling, erection of 2.0m high fencing, formation of a new driveway and associated parking (existing building to be demolished). Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development used in the banner heading above is taken from the Council’s decision and the appeal form, as this describes the development in its entirety. 3. Since the determination of the planning application, the Council have submitted the Draft Dover District Local Plan for examination (the DDDLP). This contains emerging policies which do not form part of the development plan.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision The main parties have been invited to comment on the implications of this change and I have taken the responses received into account. Main Issues 4. The main issues are: whether the proposal would provide a suitable standard of accommodation for future occupiers, with particular regard to its size and quality of outdoor space, and; the effects on the character and appearance of the area. Reasons Living Conditions 5. The proposal would provide a single storey house comprising two bedrooms, as well as a bathroom and combined kitchen/living area to the rear. Based on the Council’s calculations the house would provide approximately 38sqm of internal floor area, with bedrooms each measuring 7sqm and 8sqm. Due to their size and layout, the proposed bedrooms would be difficult to use and it is unclear, based on the evidence, how bedroom furniture and associated storage could reasonably be accommodated. In combination with the absence of other https://www.gov.uk/planning-inspectorate

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/22/3290494 storage spaces within the house and the small size of the living area, the accommodation would feel cramped and oppressive to its future occupiers. 6. The garden area would be of a size that it could reasonably accommodate some paraphernalia for future occupants and provide a usable outdoor space. Despite its proximity to the neighbouring buildings on York Road, given its enclosed nature the garden area would not be unduly overlooked. However, this would not mitigate for the poor standard of accommodation within the house itself. 7. I observed 2B Canada Road immediately to the south east of the appeal site which the appellant describes is a new dwelling. However, in the absence of details of the size or layout of that property, or details of the circumstances that led to that development, I cannot be certain that the circumstances are the same. As such it does not provide a justification for the appeal scheme. 8. In conclusion on this main issue, the proposal would fail to provide a suitable standard of accommodation for future occupiers by reason of its size.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision There is not evidence before me of any adopted local plan policy which requires compliance with the nationally described space standard. In any event, for the reasons given the size of the property would fail to ensure healthy living conditions, in conflict with paragraphs 119 and 103f) of the National Planning Policy Framework (the Framework). The proposal would also conflict with emerging policy PM2 of the DDDLP which relates to healthy conditions, although as an emerging policy which has not yet been examined, I ascribe that conflict little weight. Character and Appearance 9. Despite the poor condition of the existing building on the appeal site, it is one of a small group of single storey developments which form a gap between the taller buildings on York Road and Canada Road. I observed that this gap contributes positively to the character of the area through providing relief to the townscape and allowing appreciation of the rear elevations on York Road in views from Canada Road. 10.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision As a result of the combination of its set back from the road and its low height, the proposal would sit quietly in views from the street and would respect the scale of those buildings immediately adjoining it on Canada Road, as well as appearing subordinate to the properties on York Road. While not of any particular merit, I find the proposed simple elevational treatment to be suitable in this location, particularly given the varied character of those buildings which immediately adjoin it. Similarly, as the adjoining single storey buildings comprise a mix of pitched and flat roofs, and together with the set back position of the proposed flat elements, the proposed roof form would not be visually harmful in this location. 11. Overall, the proposal would not cause harm to the character or appearance of the area and would comply with the objectives of paragraph 130 of the Framework relating to attractive development and the quality of the area. I do not find conflict with policies SP4, PM1 or HE2 of the DDDLP in respect of this main issue. Other Matters 12.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision The appeal site lies within the Walmer Seafront Conservation Area, which includes the rows of properties on the Strand and York Road as well as the https://www.gov.uk/planning-inspectorate 2

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision The appeal site lies within the Walmer Seafront Conservation Area, which includes the rows of properties on the Strand and York Road as well as the https://www.gov.uk/planning-inspectorate 2

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/22/3290494 spaces behind them. In line with Section 721, I am required to pay special attention to the desirability of preserving or enhancing the character or appearance of that area. The Council do not dispute that the proposal would preserve the character of the Conservation Area. In light of my assessment above, and as the proposal would be suitably scaled to appear subordinate to those houses on York Road and respect the gaps between larger developments, the proposal would preserve the character and appearance of the conservation area. 13. The proposal has the potential to have a significant effect on the Thanet Coast and Sandwich Bay Special Protection Area and Ramsar sites through increased recreational activity and disturbance. However, Regulation 63(1) of the Habitats Regulations2 indicates the requirement for an Appropriate Assessment is only necessary where the competent authority is minded to give consent for the proposal. As the appeal is being dismissed on other grounds it is not therefore necessary to address this in any further detail. Planning Balance and Conclusion 14. The Council have not identified any relevant development plan policies in this case.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision None are referred to in the reasons for refusal and the officer’s report refers to those which are not relevant to the main issues of this appeal. It therefore follows that paragraph 11d) of the Framework applies to my assessment. 15. The proposal would provide a poor standard of accommodation by reason of its size. The effects would be significant and long lasting, and would be in conflict with the Framework. As such I ascribe this substantial weight. 16. The proposal would provide a new dwelling which would contribute to the national objective to boost the supply of homes and there would be some economic benefit during the construction process. There is not substantive evidence of how the proposal would contribute to the existing range of accommodation in the District or an identified need for accommodation of this type and, given the scale of the contribution, I afford these benefits little weight. While I have not found harm to the character or appearance of the area, I consider this matter to be neutral, rather than a benefit of the proposal.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — Appeal Decision As such the adverse impacts of granting planning permission, by reason of the poor living conditions proposed, would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 17. For the reasons given, the appeal is dismissed.

2A Canada Road, Walmer, CT14 7DZ — Dover District Council — C Shearing INSPECTOR 1 The Planning (Listed Buildings and Conservation Areas) Act 1990 2 The Conservation of Habitats and Species Regulations 2017 https://www.gov.uk/planning-inspectorate 3