Case 3291214

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE

Milton Keynes Council — appeal dismissed

Outcome
Dismissed
Decision date
20 July 2022
Authority
Milton Keynes Council
Inspector
Hartley S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr & Mrs R Hall
LPA reference
20/03412/FUL
ONS LPA code
E06000042
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 April 2022

Summary AI

The appeal for a new build dwelling in a residential area was dismissed due to concerns about the development's impact on the character and appearance of the area, despite some policies supporting development within defined settlement boundaries. The inspector found that the proposal would harm the area's character and appearance, and that this outweighed the potential benefits of the development, including its contribution to the delivery of new housing.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Site visit made on 1 July 2022 by Steven Hartley BA (Hons) Dist.TP (Manc) DMS MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 20TH July 2022 Appeal Ref: APP/Y0435/W/22/3291214 3 Hill View, Wolverton Road, Newport Pagnell MK16 8BE • 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 and Mrs Hall against the decision of Milton Keynes Council. • The application Ref 20/03412/FUL, dated 22 January 2021, was refused by notice dated 2 August 2021. • The development proposed is for a new build dwelling following the demolition of garages. Decision 1. The appeal is dismissed. Main Issues The main issues are (i) whether the proposed development within a garden is acceptable having regard to development plan policies and including its effect upon the character and appearance of the area and (ii) the sustainability of the method of construction. Reasons Suitable location 2. The appeal property is a two-storey detached dwelling in a residential area and falling within a defined settlement boundary.

Page 1 · Chunk 1 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Dwellings adjoining it are mainly two storeys in height and are a mixture of detached and semi-detached properties set back from the road. There are several gaps of differing widths between the properties, some of which are occupied by associated single storey garages and outbuildings. 3. To the side of the appeal property and where the proposed dwelling would be situated is a garage which would be demolished to make way for it. To the front of the property is an area of hard standing and a copper beech tree which is the subject of a tree preservation order (TPO). https://www.gov.uk/planning-inspectorate 1

Page 1 · Chunk 2 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Dwellings adjoining it are mainly two storeys in height and are a mixture of detached and semi-detached properties set back from the road. There are several gaps of differing widths between the properties, some of which are occupied by associated single storey garages and outbuildings. 3. To the side of the appeal property and where the proposed dwelling would be situated is a garage which would be demolished to make way for it. To the front of the property is an area of hard standing and a copper beech tree which is the subject of a tree preservation order (TPO). https://www.gov.uk/planning-inspectorate 1

Page 2 · Chunk 3 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Appeal Ref: APP/Y0435/W/22/3291214 4. The proposed dwelling would be a 4-bedroom detached property with an associated outbuilding, landscaping and parking. The existing vehicular access would be relocated. 5. The new dwelling would be sited within the curtilage of the existing property. Policy DS2 of Plan:MK 2019 (LP) is supportive of development within defined settlement boundaries, subject to such development complying with all other relevant policies in the plan and also with policies in neighbourhood plans. 6. The Newport Pagnell Neighbourhood Plan 2021 (NPNP) policy NP4 is generally supportive of ‘small, well designed residential developments on brownfield sites within the settlement boundary which do not have a detrimental effect on the surrounding area’. However, it also states specifically that ‘proposals to subdivide residential plots to develop new homes on rear or side garden land will not be supported’. Therefore, the proposed development would be contrary to this policy requirement. While the appellant considers that this policy should more appropriately apply to only certain areas, it does not make exceptions. 7.

Page 2 · Chunk 4 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision The appellant refers to the character and appearance of the area and contends that the proposal would not harm it despite the policy objection. However, the proposed house would have a much narrower frontage than the majority of adjacent dwellings and which provide a positive and distinctive characteristic to the appearance of the area. 8. I accept that there is an infill dwelling close to the appeal site. However, this type of development is the exception rather than the norm in the street scene. In this context, and contrary to the findings of the local planning authority (LPA), I find that, owing to the position and scale of the proposed development, coupled with its steeply sloping roof and narrow width, it would appear as a squeezed and out of keeping form of development. It would remove what the appellant describes as an incongruous gap in the street scene, but on my site visit I noticed that this adds to the generally pleasant, spacious character and appearance of the area. 9.

Page 2 · Chunk 5 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Therefore, I conclude that the proposal would cause an unacceptable degree of harm to the character and appearance of the area, and that this adds to the policy objection to the subdivision and development of side garden plots as stated in the NPNP policy NP4(A). Sustainability of the method of construction 10. One reason for the refusal of the application was because of a lack of information relating to the sustainable construction of the proposed property and as required by policy SC1 of the LP. However, such information has been submitted with the appeal and the LPA considers that the matter could be dealt with by way of a suitable condition. Had I been minded to allow the appeal, I do not disagree. Therefore, I conclude that in this way, the proposed development would have accorded with LP policy SC1. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision Appeal Ref: APP/Y0435/W/22/3291214 Other Matters 11. The appellant refers to similar approved development and, on my site visit, I observed a similar infill dwelling close by, though this would appear to pre-date the making of the NPNP. Given my reasoning above, the existence of this infill dwelling does not alter or outweigh my conclusion on the first main issue. 12. The proposed development would help, in a small way, to boost the delivery of new housing and would be a small site of the sort described in paragraph 69 of the National Planning Policy Framework. It would therefore make an important contribution to the overall delivery of new housing, and this weighs in favour of the appeal. 13. In addition, the LPA raises no concerns relating to the effect of the development upon the living conditions of nearby residents, to matters of ecology or biodiversity, to flood risk, to car parking provision or to the repositioning of the access. However, these are neutral matters in the planning balance. 14.

Page 3 · Chunk 7 Appeal Decision

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Appeal Decision None of the other matters, whether individually or as a whole, carry sufficient weight to outweigh my conclusion on the main matter concerning the suitability of the location of development within a garden and its adverse effect upon the character and appearance of the area. Conclusion 15. Given my conclusions above, and taking into consideration all other matters raised, there are no identified material planning considerations that would justify departing from the in-principle policy objection to erecting a dwelling on this site. Therefore, the appeal should be dismissed.

Page 3 · Chunk 8 Steven Hartley

3 Hill View, Wolverton Road, NEWPORT PAGNELL, MK16 8BE — Milton Keynes Council — Steven Hartley 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
¶8

The proposed development would appear as a squeezed and out of keeping form of development due to its position and scale, steeply sloping roof, and narrow width, and would remove a gap in the street scene that adds to the generally pleasant, spacious character and appearance of the area.

Other
For appellant

The proposed development would have accorded with LP policy SC1, as sufficient information had been submitted with the appeal and the LPA considers that the matter could be dealt with by way of a suitable condition.

Other
Neutral
¶10

The inspector notes that the LPA considers the matter could be dealt with by way of a suitable condition, but does not express a personal opinion on the matter.

Character and appearance
For appellant
¶7

The inspector notes that the proposed house would have a much narrower frontage than the majority of adjacent dwellings, but this does not outweigh the harm caused by the development's position and scale.

Other
For appellant

The inspector notes that the proposed development would help, in a small way, to boost the delivery of new housing, and would make an important contribution to the overall delivery of new housing.

Affordable housing
Neutral
¶13

The inspector notes that the LPA raises no concerns relating to the effect of the development upon the living conditions of nearby residents, to matters of ecology or biodiversity, to flood risk, to car parking provision or to the repositioning of the access.

Policies relied on

Reference Weight
DS2 of Plan:MK 2019 (LP)
Moderate
NP4 of Newport Pagnell Neighbourhood Plan 2021
Determinative
SC1 of LP
Substantial
National Planning Policy Framework
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 20 July 2022 under the Open Government Licence.