Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ
East Cambridgeshire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 2 November 2022
- Authority
- East Cambridgeshire District Council
- Inspector
- Greenwood L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Other minor developments
- Appellant
- Rana Developments Ltd
- LPA reference
- 21/01747/VAR
- ONS LPA code
- E07000009
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 1 August 2022
Summary AI
The appeal for planning permission to vary an approved plan for four new houses in Westley Waterless was dismissed. The proposal included changes to the original design, adding 2 storey flat roofed sections, which would diminish the quality of the development. The inspector found that this would conflict with local policies and the National Planning Policy Framework.
PDF text
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — by Les Greenwood MRTPI an Inspector appointed by the Secretary of State Decision date: 2nd November 2022
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — Poole Farm Cottage, Westley Waterless CB8 0RQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Richard Fella against the decision of East Cambridgeshire District Council. • The application Ref 21/01747/VAR, dated 5 December 2021, was refused by notice dated 11 March 2022. • The application sought planning permission for the demolition of the existing bungalow and the erection of two detached and one pair of semi-detached dwellings without complying with a condition attached to planning permission Ref 19/00971/FUL, dated 24 March 2020.
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — Poole Farm Cottage, Westley Waterless CB8 0RQ • The condition in dispute is No 1 which states that: Development shall be carried out in accordance with the drawings and documents listed below Plan Reference Version No Date Received 19 511 - Landscaping Plan 12th October 2019 Tree & Impact Survey 12th October 2019 Bat Mitigation Plan 13th November 2019 Location Plan 8th July 2019 A573-19 05 PL5 18th December 2019 A573-19 06 PL5 18th December 2019 A573-19 03 PL3 4th September 2019 A573-19 07 (Section AA Only) PL3 4th September 2019 • The reason given for the condition is: To define the scope and extent of this permission.
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — the local area. https://www.gov.uk/planning-inspectorate
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — the local area. https://www.gov.uk/planning-inspectorate Appeal Decision APP/V0510/W/22/3296401 Reasons 4. Westley Waterless is a linear settlement, strung out along the village street with houses and bungalows of a varied but harmonious blend of traditional architectural styles, mainly set back behind frontage hedges and trees to give the village a strongly rural, verdant character. The appeal site sits within this built form and context. 5. The original planning permission here (19/00971/FUL) allows for the construction of 4 new houses, set up above street level and back from the street. Plots 1 and 4 would be detached houses, situated to either side of a central pair of semi-detached houses on plots 2 and 3. The proposal is to vary the approved plans for plots 1 and 4 to provide more accommodation. Each house would be increased in height, with an added box dormer window and a 2 storey flat roofed section at the back. Another proposed variation has already been approved for plots 2 and 3, which were under construction at the time of my site visit. 6.
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — the local area. National Planning Policy Framework (Framework) paragraph 135 advises against allowing the quality of approved development to be materially diminished between permission and completion as a result of changes being made to the permitted scheme. The Council’s Design Guide Supplementary Planning Document (SPD) says that flat roofed extensions will rarely be acceptable unless they form a link or are appropriate to the character of the original building. 7. Although set back from the street and partially hidden from view, the proposed 2 storey, flat roofed sections would be visible in the street scene across the frontages of the new houses and, likely during winter months when trees have dropped their leaves, across the next door property to the west. These would be awkward, bulky additions which would significantly increase the depth of 2 storey side wall. They would not complement the houses’ more traditional proportions and pitched roof design. This aspect of the proposal would therefore diminish the quality of the development. 8. I note that there are at least a couple of other buildings in the village with 2 storey flat roofed sections, but these are not typical.
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — the local area. I also note that a very substantial new house was approved by the Council several years ago. I do not know the circumstances of these other cases. They have not changed the character of the village to the extent that the flat roofed sections proposed here would fit in well, despite the generally varied character of the village. 9. Other aspects of the proposal are more acceptable. The houses would be slightly increased in height, but would still be of reasonably proportions and would not be notably taller than some other buildings in the vicinity. The proposed box dormers would be proportionate to the building and would be partially screened from public view. The SPD allows that dormer windows may be acceptable in some cases, particularly where they are on a rear elevation and away from roof hips, as would be the case here. 2 trees at the front of the site which are protected by a Tree Preservation Order would not be affected. 10. Although I find no objection to some aspects of the proposal, the inclusion of the 2 storey flat roofed elements is sufficient reason for me to conclude that the proposal as a whole would unacceptably harm local character and https://www.gov.uk/planning-inspectorate 2
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — the local area. Appeal Decision APP/V0510/W/22/3296401 appearance. It therefore conflicts with the shared aims of policies ENV 1 and ENV 2 of the East Cambridgeshire Local Plan and the Framework, to secure high quality development that enhances and complements local distinctiveness. 11. I recognise that the appeal proposal would provide better accommodation on the upper floors of the houses, but this is insufficient justification for downgrading the approved design of the houses in conflict with the guidance in Framework paragraph 135. The appellant submits that these changes would be permitted development1 once the houses are built, so that they could proceed without the need for a specific planning permission. I have not seen any evidence of this and consider that elements of the proposal might not be permitted development. I find nothing to override my conclusion in regard to the main issue and the identified conflict with the development plan. 12. For the reasons set out above, and having considered all matters raised, I conclude that the appeal should not succeed.
Poole Farm Cottages, Main Street, Westley Waterless, Suffolk, CB8 0RQ — East Cambridgeshire District Council — Les Greenwood INSPECTOR 1 Under the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015. https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶7
The proposed 2 storey, flat roofed sections would be awkward and bulky additions that would increase the depth of the side wall, diminishing the quality of the development.
Character and appearance Against appellant ¶10
The inclusion of the 2 storey flat roofed elements would unacceptably harm local character and appearance.
Planning obligations Neutral ¶11
The inspector noted that the appeal proposal would provide better accommodation on the upper floors, but this was insufficient justification for downgrading the approved design.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 135 |
Determinative |
| Local Plan ENV 1 and ENV 2 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 2 November 2022 under the Open Government Licence.