Case 3300870

9 Queen Isabels Avenue, COVENTRY, CV3 5GE

Coventry City Council — appeal dismissed

Outcome
Dismissed
Decision date
22 November 2022
Authority
Coventry City Council
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Farid Dawod
LPA reference
FUL/2021/3070
ONS LPA code
E08000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 September 2022

Summary AI

The appeal for a change of use from a single dwelling to two dwellings was dismissed due to concerns over highway safety, living conditions, and cycle storage. The development would result in inadequate parking, poor quality amenity space, and lack of secure cycle storage, contravening local planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Site visit made on 8 November 2022 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 22 November 2022 Appeal Ref: APP/U4610/W/22/3300870 9 Queen Isabels Avenue, Coventry CV3 5GE • 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 Farid Dawod against the decision of Coventry City Council. • The application Ref FUL/2021/3070, dated 4 October 2021, was refused by notice dated 13 January 2022. • The development proposed is change of use from single dwelling to 2no. dwelling. Decision 1. The appeal is dismissed. Procedural Matters 2. The Council advises that the site appears to be sub divided into 3 properties. The development before me relates to the change of use of the property to 2 dwellings. I have considered the appeal on this basis. 3. Reference has been made to an enforcement notice relating to the appeal site. However, this is not a matter which is before me as part of this appeal, and it has not influenced my decision. 4.

Page 1 · Chunk 1 Appeal Decision

9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Whilst the appellant has provided revised plans, contained in their Statement of Case, showing an alternative parking configuration and cycle storage it has not been considered by the Council at application stage. In the interests of fairness, I must ensure that what is considered at appeal is what was considered by the Council and therefore I have not taken the revised information into account. Main Issues 5. The main issues are: • The safe and efficient operation of the local highway network; • Whether the proposed development would provide satisfactory living conditions for the occupiers of both properties with regard to amenity space; and • The provision of cycle storage. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Whilst the appellant has provided revised plans, contained in their Statement of Case, showing an alternative parking configuration and cycle storage it has not been considered by the Council at application stage. In the interests of fairness, I must ensure that what is considered at appeal is what was considered by the Council and therefore I have not taken the revised information into account. Main Issues 5. The main issues are: • The safe and efficient operation of the local highway network; • Whether the proposed development would provide satisfactory living conditions for the occupiers of both properties with regard to amenity space; and • The provision of cycle storage. https://www.gov.uk/planning-inspectorate

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9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/22/3300870 Reasons Safe and efficient operation of the local highway network 6. The appeal site is formed of an extended semi-detached property occupying a corner plot. An outbuilding is located along the southern boundary. The area surrounding the dwelling is largely laid out to hardstanding with the site bounded by a brick wall and railings. 7. At the time of my visit on a weekday morning, I observed significant pressure for parking on Queen Isabels Avenue and surrounding roads. Whilst I acknowledge that this is a snapshot in time, it is likely that the demand for parking is greater in the evening and at weekends due to residents returning from work or daily activities. 8. I note the appellant’s comments regarding the existing parking situation. However, the demand for vehicle parking is likely to increase due to the development. Whilst a parking space would be provided on site this would be insufficient to serve the proposed development increasing the likelihood of vehicles, including visitors, seeking to park and manoeuvre along the highway, in an area where demand for on street parking is already very high.

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9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision This parking demand is likely to lead to indiscriminate and inconsiderate parking taking place in the area resulting in a significant adverse effect on the safe and efficient operation of the highway. 9. Consequently, the proposed development would be contrary to Policy H3 of the Coventry City Local Plan (2017) (LP) which, amongst other things, requires new housing to provide adequate parking provision. Living conditions for future occupiers 10. I acknowledge that the proposed development provides amenity space for the two dwellings and that the appellant contends that they would comply with local guidance. However, the amenity space for No 9 would be formed of two areas – one area to the front of the property and one to the rear. The area to the front would be sited next to the pavement with inadequate screening failing to provide a private and secure space. In respect of the space to the rear the size and irregular shape of the area would make it impractical for most purposes further reducing the area that could be realistically used by future occupants. 11.

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9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Whilst the amenity space serving 9a would be larger comprising a single area it would be an irregular shape, hard surfaced and would also include the parking area for the property. This contrived arrangement would result in a poor quality amenity area. This would not be suitable for occupiers resulting in an uninviting and impractical environment that would be inadequate for occupiers resulting in unacceptable living conditions for them. The installation of tall fencing or planting would not, in my view, overcome the harm that I have identified in relation to this matter. Furthermore, the presence of other properties with tall fencing along the road is not justification for a scheme that I deem to be harmful. 12. As such, due to the external amenity space as proposed the development would result in a substandard form of accommodation that would not provide adequate living conditions for future occupiers. This would be contrary to LP Policy H3 which, amongst other things, requires development to provide a https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — Appeal Decision Appeal Decision APP/U4610/W/22/3300870 suitable residential environment including the provision of adequate amenity space. Cycle storage 13. Turning to cycle storage, none has been provided within the appeal site and therefore there would be no facilities for occupiers to securely store their bicycles. The appellant has indicated that it could be provided, however, stored bicycles would diminish further the size and usability of the amenity space. This arrangement would not be a suitable solution given the constraints of the site. 14. As such, I conclude that the lack of high-quality cycle parking would be contrary to LP Policy AC4. Other Matters 15. The appellant’s comments over the application process is not a matter for me in this appeal. Conclusion 16. For the reasons set out above the appeal does not succeed.

Page 3 · Chunk 7 B Thandi

9 Queen Isabels Avenue, COVENTRY, CV3 5GE — Coventry City Council — B Thandi 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

Highway safety
Against appellant
¶8

The proposed development would increase parking demand, leading to indiscriminate and inconsiderate parking, resulting in a significant adverse effect on the safe and efficient operation of the highway.

Living conditions
Against appellant
¶11

The amenity space for No 9 would be inadequate due to its irregular shape, hard surface, and inclusion of the parking area, resulting in poor quality and impractical environment for occupiers.

Parking
Against appellant
¶8

The proposed development would provide insufficient parking, exacerbating the existing parking demand in the area.

Other
Against appellant
¶13

The lack of high-quality cycle parking would contravene LP Policy AC4, and stored bicycles would further reduce the usability of the amenity space.

Policies relied on

Reference Weight
LP Policy H3
Determinative
LP Policy AC4
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 22 November 2022 under the Open Government Licence.