Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN
Blaby District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 5 January 2023
- Authority
- Blaby District Council
- Inspector
- Thandi B
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Jarrod Morgan
- LPA reference
- 21/1368/FUL
- ONS LPA code
- E07000129
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 October 2022
Summary AI
The appeal for a two-bedroom bungalow in Sapcote was dismissed due to concerns over the development's impact on the character and appearance of the area, and the living conditions for future occupiers. The inspector noted that the proposed development would be cramped and incongruous, and would not integrate successfully into the area.
PDF text
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision Site visit made on 15 December 2022 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 05 January 2023 Appeal Ref: APP/T2405/W/22/3302705 Land to the rear of 27 and 29 Sharnford Road, Sapcote LE9 4JN • 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 Jarrod Morgan against the decision of Blaby District Council. • The application Ref 21/1368/FUL, dated 15 November 2021, was refused by notice dated 17 January 2022. • The development proposed is a two bedroom bungalow with parking and gardens. Decision 1. The appeal is dismissed. Procedural Matter 2. The description of development in the heading above has been taken from the planning application form. However, in Part E of the appeal form it is stated that the description of development has not changed but, nevertheless, a different wording has been entered. Neither of the main parties has provided written confirmation that a revised description of development has been agreed. Accordingly, I have used the one given on the original application. Main Issues 3.
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision The main issues are: • The effect of the proposed development upon the character and appearance of the area; and • Whether the proposed development would provide satisfactory living conditions for future occupiers with regard to amenity space. Reasons Character and appearance 4. The appeal site comprises the rear gardens of 27 and 29 Sharnford Road - a pair of two storey semi-detached dwellings set behind deep frontages. Whilst the area displays variety in terms of property design, plot size and shape it is largely characterised by two storey dwellings set back from the highway with noticeable spacing around them which contributes to a spacious and pleasant residential environment. 5. Whilst views of the new dwelling would be screened to some degree by the position of neighbouring properties, the bank and planting it would still be visible from localised points on Cooks Lane. It would also be viewed from the https://www.gov.uk/planning-inspectorate
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision Appeal Decision APP/T2405/W/22/3302705 windows of neighbouring properties such that the change in the built form of the area would be noticeable from public and private vantage points. The loss of the existing garden area through its development would significantly change the character and appearance of the area. 6. I acknowledge that the proposed development would have a modest scale. However, the proposed arrangement would significantly be at odds with the established pattern of built form locally with limited spacing around the dwelling. It would not successfully integrate into the area by virtue of its small plot, appearing as an unduly cramped and incongruous feature. This harm would not be overcome through the imposition of conditions relating to planting, boundary treatment and levels. 7.
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision As such, I conclude that the proposed development would adversely affect the character and appearance of the area contrary to Policy CS2 of the Blaby District Local Plan (Core Strategy) (2013) (CS); Policy DM1 of the Blaby District Local Plan (2019) (LP) and Policy FV6 of the Fosse Villages Neighbourhood Plan (2018) (NP) which, amongst other things, require new development to respect distinctive local character; to contribute to creating places of a high architectural and urban design quality and improve the design quality of all new developments in the District. Living conditions for future occupiers 8. I note from the submitted plans the usable garden area would be located to the side of the proposed dwelling. 9. The position, height and proximity of the building and the boundary treatment would create a sense of enclosure and would overshadow the garden area resulting in an unduly oppressive outdoor space, despite it being private. This close spatial relationship would result in an oppressive environment for future occupiers. 10. The area to the front would be sited next to the pavement and would also include the parking area for the property.
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision There would be inadequate screening failing to provide a private and secure space. This contrived arrangement would result in a poor quality amenity area. This would not be suitable for future occupiers resulting in an uninviting and impractical environment that would be inadequate for occupiers. 11. I conclude that the proposed development would not provide satisfactory living conditions for future occupiers contrary to CS Policy CS2; LP Policy DM1 and NP Policy FV6 which, amongst other things, seek high quality design. Other Matters 12. Whilst no objections have been expressed in relation to the living conditions of existing residents and highway safety this does not overcome my concerns in relation to the main issues. https://www.gov.uk/planning-inspectorate 2
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — Appeal Decision Appeal Decision APP/T2405/W/22/3302705
Land to the rear of 27 and 29 Sharnford Road, Sapcote, Leicestershire, LE9 4JN — Blaby District Council — INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶4-7
The proposed development would be at odds with the established pattern of built form locally, and would significantly change the character and appearance of the area. The proposed arrangement would appear as an unduly cramped and incongruous feature.
Living conditions Against appellant ¶8-11
The proposed development would create a sense of enclosure and would overshadow the garden area, resulting in an unduly oppressive outdoor space. The area to the front would be sited next to the pavement and would also include the parking area for the property, failing to provide a private and secure space.
Policies relied on
| Reference | Weight |
|---|---|
| CS2, LP DM1, NP FV6 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 5 January 2023 under the Open Government Licence.