Case 3292029

69 Folkestone Road, DOVER, CT17 9RZ

Dover District Council — appeal dismissed

Outcome
Dismissed
Decision date
16 January 2023
Authority
Dover District Council
Inspector
Price A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr George Adamou
LPA reference
21/01259
ONS LPA code
E07000108
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 May 2022

Summary AI

The appeal for a three-storey rear extension and change of use to form 3 self-contained flats was dismissed due to the proposed development's detrimental impact on the character and appearance of the area, and its failure to provide a satisfactory standard of accommodation for future occupants.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision Site visit made on 4 January 2023 by A. Price BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16 January 2023 Appeal Ref: APP/X2220/W/22/3292029 69 Folkestone Road, Dover CT17 9RZ • 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 Adamou against the decision of Dover District Council. • The application Ref 21/01259, dated 8 August 2021, was refused by notice dated 17 January 2022. • The development proposed is for a three storey rear extension. Decision 1. The appeal is dismissed. Preliminary Matters 2. Notwithstanding the description of development set out above, which is taken from the application form, it is clear from the plans and accompanying details that the development comprises the erection of a three-storey rear extension (existing side extensions to be demolished) and part change of use to allow the formation of 3 no self-contained flats. The Council dealt with the proposal on that basis and so shall I. 3. At the appeal stage, amended plans were submitted.

Page 1 · Chunk 1 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision These illustrate an alternative layout which shows additional bedrooms associated with the established bed and breakfast in place of separate dwellings. The supporting statement sets out that these plans were submitted to the Council prior to determination. Nevertheless, the Council made its decision based on the originally submitted plans. Moreover, an appeal should not be used to evolve a scheme. I am not confident that third parties have had sufficient opportunity to comment on those amendments. Accordingly, I have not taken them into account in my assessment of the appeal. Main Issues 4. The main issues are: • the effect of the proposed development on the character and appearance of the area; and • whether the proposed development would provide a satisfactory standard of accommodation for future occupants, with particular regard to internal space standards and private outdoor space. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/22/3292029 Reasons Character and appearance 5. The appeal site comprises a four-storey end of terrace property positioned to the south side of Folkestone Road. A single-storey garage exists to the side, setback from the road. Properties within the surrounding area are generally of a similar scale and appearance to the appeal property, comprising a mixture of rows of terraced houses and pairs of semi-detached properties. 6. Along this part of Folkestone Road, a small gap typically exists between each pair or row of terraced houses along the street, providing a sense of separation between properties. Through these gaps can typically be seen open sky or mature trees in gardens and landscape beyond. Established rear extensions are also glimpsed through these gaps, albeit these are generally of a subservient and small-scale nature relative to the main property. This historic layout breaks up the otherwise urban nature of the street and makes a positive contribution to the character and appearance of the area. 7. The proposed development would introduce a three-storey addition to the rear of the appeal property.

Page 2 · Chunk 3 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision Whilst I accept that the extension has been designed with sensitivity to the host building in respect of the use of materials and note that it is set away from the neighbouring properties, the scale of the extension would be large. It would project beyond the side elevation of the original property and deep into the rear garden. The scale of the extension would be out of keeping with the established pattern of development along this part of Folkstone Road and would result in the partial infilling, albeit limited, of the existing break between properties here. The proposed extension would form a discordant feature and fail to appear as a subservient addition to the original dwelling. 8. Overall, I conclude that the proposed development would have a detrimental impact on the character and appearance of the area, contrary to the relevant provisions of paragraph 130 of the National Planning Policy Framework (the Framework), which seeks to encourage high quality design in development. Standard of accommodation 9. The submitted plans indicate three additional one-bedroom properties. These accommodate a bedroom, kitchen/living room area and bathroom. Each unit would be accessed from existing property’s the main stairwell. 10.

Page 2 · Chunk 4 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision I note that within its officer report the Council considers the proposed units to fall below the Nationally Described Space Standard (NDSS). However, footnote 49 of the Framework sets out that planning policies for housing should make use of the nationally described space standard, where the need for an internal space standard can be justified. There is no reference to the NDSS or internal space standards more generally within any policy or guidance that is before me. Nevertheless, based on the submitted plans, and notwithstanding my findings in respect of character and appearance above, the proposed dwellings would be very small, at approximately 26.5sqm. I am of the opinion that the proposed accommodation would feel cramped and oppressive to future occupants. 11. In respect of private amenity space, no such provision is made. As above, external amenity space standards are not documented within any policy or https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/22/3292029 guidance that is before me and as such there is some uncertainty as to the basis for applying this standard. Nevertheless, the lack of private, or any evidence of communal, amenity space would exacerbate the oppressive nature of the proposed dwellings. 12. Although the arrangement of the proposed units would be atypical, there is no substantive evidence before me that indicates that the use of a shared access would result in harmful noise or disturbance to future or existing occupants. 13. Overall, the proposed development would fail to provide a satisfactory standard of accommodation for future occupants, with particular regard to internal space standards and private outdoor space, contrary to the relevant provisions of paragraphs 119 and 130 of the Framework. This, in summary, seeks to ensure a high standard of amenity for existing and future users of places and the creation of places which promote health and well-being. Conclusion 14. For the reasons given above, having taken account of the development plan as a whole, the approach in the National Planning Policy Framework, along with all other relevant material considerations, I conclude that the appeal should be dismissed.

Page 3 · Chunk 6 A. Price

69 Folkestone Road, DOVER, CT17 9RZ — Dover District Council — A. Price 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
¶7

The proposed extension would be large and project beyond the side elevation of the original property, resulting in the partial infilling of the existing break between properties and forming a discordant feature.

Character and appearance
Against appellant
¶6

The historic layout breaks up the urban nature of the street and makes a positive contribution to the character and appearance of the area, and the proposed extension would alter this.

Other
Against appellant
¶10

The proposed dwellings would be very small, at approximately 26.5sqm, and would feel cramped and oppressive to future occupants.

Other
Against appellant
¶11

The lack of private, or any evidence of communal, amenity space would exacerbate the oppressive nature of the proposed dwellings.

Other
Against appellant
¶13

The proposed development would fail to provide a satisfactory standard of accommodation for future occupants, with particular regard to internal space standards and private outdoor space.

Policies relied on

Reference Weight
NPPF 130
Determinative
NPPF 119
Determinative

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 16 January 2023 under the Open Government Licence.