Case 3291495

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB

Derby City Council — appeal dismissed

Outcome
Dismissed
Decision date
1 December 2022
Authority
Derby City Council
Inspector
Ellis D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Aliks Galthans
LPA reference
21/01990/FUL
ONS LPA code
E06000015
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 May 2022

Summary AI

The inspector dismissed the appeal due to the proposed dwelling's impact on the character and appearance of the street scene, which would be incongruous and disrupt the original quality.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — Appeal Decision Site visit made on 12 July 2022 by Darren Ellis MPlan Decision by John Morrison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 01 December 2022 Appeal Ref: APP/C1055/W/22/3291495 129 Hawthorn Street, Derby DE24 8BB • 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 Aliks Galthans against the decision of Derby City Council. The application Ref 21/01990/FUL, dated 17 November 2021, was refused by notice dated 14 January 2021. • The development proposed is a detached 2 bedroom dwelling. Decision 1. The appeal is dismissed. Appeal Procedure 2. The site visit was undertaken by an Appeal Planning Officer whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Main Issue 3. The main issue is the effect of the proposed dwelling on the character and appearance of the street scene. Reasons for the Recommendation 4. The dwellings that line either side of Hawthorn Steet tend to be older detached and semi-detached examples set back from and facing the street with front gardens and parking to the side.

Page 1 · Chunk 1 Appeal Decision

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — Appeal Decision There are some more modern examples, with dormer windows, opposite and extending into Glossop Street which are markedly different. The prevailing building size, layout, design and position on the north side of Hawthorn Street create a pleasant homogeneity to the street scene, forming a clear contrast to the obviously more modern opposite side. Moreover, the gaps between pairs of buildings lend a strong sense of spaciousness. Both factors contribute positively to the character and appearance of the area. 5. The appeal scheme would introduce a more modern and arguably standardised take on a two-storey detached dwelling into a street scene of older buildings which would, despite taking reference from features around it, appear incongruous and disrupt the original quality of neighbouring pairs. Furthermore, it would infill a defined gap between pairs of buildings, giving the appearance of a cramped form of development which would, consequently, erode the spacious feel of the street scene. In addition, the new dwelling

Page 2 · Chunk 2 Appeal Decision

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — Appeal Decision Appeal Decision APP/C1055/W/22/3291495 would have hardstanding over the entirety of its frontage to provide off street parking. This would further disrupt the consistency of this side of the street. The addition of some landscaping within the plot would be welcomed and go some way to addressing this but would be, given my other findings, insufficient to make the appeal scheme acceptable. 6. I note that a detached dwelling has recently been constructed at 11 Davenport Road, although no substantive details of the planning permission have been submitted. Nevertheless, No 11 is very similar in design to the terraced properties next to it and as such it integrates successfully into the street scene, which is not the case with the appeal proposal. 7. For these reasons set out above, the proposed dwelling would be an incongruous addition and consequently would detract from the character and appearance of the street scene.

Page 2 · Chunk 3 Appeal Decision

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — Appeal Decision The proposal would therefore be contrary to Policies CP3 and CP4 of the Derby City Local Plan Part 1 Core Strategy (January 2017) and paragraph 130 of the National Planning Policy Framework which all seek, amongst other things, for proposals to have a high-quality design that make a positive contribution towards the character of the dwelling and street scene, including with regards to architectural features. Other Matters 8. The proposal would provide one additional unit of accommodation and therefore the development would, to a limited degree, boost the supply of housing. This is a benefit of the scheme which carries limited weight in support of the proposal. Conclusion and recommendation 9. The benefits that would arise from the proposal would not outweigh the harm that would be caused to the character and appearance of the street scene, to which I ascribe substantial weight. There are no material considerations worthy of sufficient weight which indicate that a decision should be made other than in accordance with the development plan. Therefore, for the reasons given above, I recommend that the appeal be dismissed.

Page 2 · Chunk 4 D Ellis

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — D Ellis APPEAL PLANNING OFFICER Inspector’s Decision 10. I have considered all the submitted evidence and the Appeal Planning Officer’s report, and I agree with the recommendation that the appeal should be dismissed.

Page 2 · Chunk 5 John Morrison

129 Hawthorn St, Allenton, Derby, Derbyshire, DE24 8BB — Derby City Council — John Morrison INSPECTOR 2

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

Main issues and findings

Character and appearance
Against appellant
¶3

The proposed dwelling would introduce a modern and standardised design into a street scene of older buildings, disrupting the original quality of neighbouring pairs and eroding the spacious feel of the street scene.

Character and appearance
Against appellant
¶6

A recent detached dwelling constructed at 11 Davenport Road successfully integrates into the street scene, unlike the appeal proposal, which would be an incongruous addition.

Other
Neutral

While the proposal would provide one additional unit of accommodation, this benefit carries limited weight in support of the proposal.

Policies relied on

Reference Weight
CP3 and CP4 of the Derby City Local Plan Part 1 Core Strategy (January 2017) and paragraph 130 of the National Planning
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 1 December 2022 under the Open Government Licence.