Case 3302769

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR

Scarborough Borough Council * — appeal dismissed

Outcome
Dismissed
Decision date
14 November 2022
Authority
Scarborough Borough Council *
Inspector
Wilkinson F
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
Mr Michael Hall
LPA reference
22/00360/OL
ONS LPA code
E07000168
Jurisdiction
Transferred
Link status
Not Linked
Start date
31 August 2022

Summary AI

The appeal for a new dormer bungalow at 15 The Carrs was dismissed due to concerns over the impact on the area's character and appearance. The proposed development would result in a loss of separation between properties and appear cramped, eroding the balance of built form and spacing.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision Site visit made on 1 November 2022 by F Wilkinson BSc (Hons), MRTPI an Inspector appointed by the Secretary of State Decision date: 14 November 2022 Appeal Ref: APP/H2733/W/22/3302769 The Carrs YO21 1RR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr Mike Hall against the decision of Scarborough Borough Council. • The application Ref 22/00360/OL, dated 13 February 2022, was refused by notice dated 14 April 2022. • The development proposed is construction of a new dormer bungalow. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application was submitted in outline with all matters reserved for future consideration (including access). I have determined the appeal on this basis, treating supporting plans as illustrative. Main Issues 3. The main issues are the effects of the proposal on: • the character and appearance of the area; • the living conditions of residents of 15 The Carrs and future occupiers with regard to outdoor amenity space; and • highway safety and parking provision. Reasons Character and Appearance 4.

Page 1 · Chunk 1 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision The appeal site comprises the side garden of 15 The Carrs, a residential bungalow. The garden forms a gap between no. 15 and the adjacent property at no. 17. There is variety in the built form within the vicinity of the site, with a mix of single and two storey detached, semi-detached and terraced dwellings on a range of plot sizes. However, the space around the dwellings, particularly on the north side of the road where the site is located, gives this part of The Carrs a pleasant, spacious feel and contributes positively to the character and appearance of the area. 5. The appellant has submitted an illustrative plan showing how a dwelling could be accommodated on the site. The appellant is not bound by this given that https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision Appeal Decision APP/H2733/W/22/3302769 scale and layout are reserved for future consideration. Nonetheless, the site appears to be of a sufficient physical size to accommodate a dwelling. 6. The illustrative plan shows that a dwelling could be located on a similar building line to no. 15. This position fronting on to the road would maintain the linear form of built development along The Carrs. 7. However, given the size of the site and its configuration, it is likely that a dwelling would be close to the existing dwelling at no. 15 and would fill much of the space between this property and no. 17. This would result in the loss of separation between these properties, and the development would appear cramped on the site in contrast to the spacing between other dwellings in the vicinity. This would erode the current balance of built form and corresponding spacing and would not harmonise with the general grain of development in the locality. Given the positive contribution that the spaces around the dwellings make to the character and appearance of this part of The Carrs, this effect would amount to harm. 8. I acknowledge that not all the properties on The Carrs have large gaps between them.

Page 2 · Chunk 3 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision This is more so on its south side, such as with the semi-detached bungalows to the west of the site. However, these dwellings generally have single storey garages on their boundaries with open space above which maintains some visual sense of spaciousness between them. There is a reasonable sized gap between the short terrace opposite the site and the neighbouring properties, which contributes to a sense of openness around it. 9. I therefore conclude that the proposal would materially harm the character and appearance of the area. Consequently, it would conflict with Policy DEC1 of the Scarborough Borough Local Plan, adopted 2017 (the Local Plan), which sets out principles for good design, including reflecting the local environment. It would also conflict with the design objectives of section 12 of the National Planning Policy Framework (the Framework). Outdoor Amenity Space 10. A reasonable sized outdoor area to the front of no. 15 would remain, although part of this space would likely be taken up by parking provision. The proposal would reduce the side garden area serving no. 15 considerably, meaning only a small area of private outdoor space would remain.

Page 2 · Chunk 4 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision Much of the area to the rear is relatively narrow, lying between the extended dwelling and the boundary treatment. The decking area located to the side of the rear extension provides a wider and more open area for residents. Although not large, the remaining outdoor amenity area would be a private space of sufficient size to accommodate typical garden activities such as sitting out and drying clothes. 11. The illustrative plan show that a dwelling could be accommodated on a similar building line to the front and rear as no. 15. Although the rear garden would not be large it would also be of a sufficient size to accommodate typical garden activities. 12. While the size and nature of the amenity space for no. 15 in particular is a further indication of a cramped form of development, the area that would be provided for each dwelling would be usable and relatively private and so this in itself would not be a reason to dismiss the appeal. I therefore conclude that it is possible that a dwelling could be designed and built on the plot without being https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision Appeal Decision APP/H2733/W/22/3302769 significantly harmful to the living conditions of residents of no. 15 and future occupiers with regard to outdoor amenity space. Consequently, at this outline stage, the proposal would accord with Policy DEC4 of the Local Plan, which requires proposals to ensure that existing and future occupants of land and buildings are provided with a good standard of amenity. Highway Safety and Parking Provision 13. From the submitted information, it appears that the access to the proposed dwelling would be from the existing access point serving 15 The Carrs. The illustrative plan shows a dwelling located with a similar set back from the road as no. 15, with the appellant stating that the area to the front could accommodate two or three cars with a turning area. Based on the submitted information and my site visit observations, I am satisfied that a new dwelling could be built on the site that would enable an appropriate level of parking to be provided. 14. The appellant has submitted an illustrative plan showing how parking at the existing dwelling at 15 The Carrs could be accommodated on the area that would remain associated with that property.

Page 3 · Chunk 6 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision This illustrative plan indicates that a new access point from the highway would be required, with the parking area shown as being in front of the dwelling. This arrangement is similar to other properties on The Carrs. The appellant states that the level of parking available at no. 15 would still be sufficient for four to five cars together with a turning area. The illustrative plan seeks to demonstrate this. Such a layout may not be entirely workable in practice. Nevertheless, from what I observed during my site visit, I am satisfied that sufficient parking capacity would remain for occupiers of no. 15. 15. I note that the Highway Authority has not objected to the new access point that is indicated in terms of matters such as traffic generation or visibility, nor has an objection been raised about parking provision, although additional information would be required for a more detailed submission. In the absence of any substantive evidence to the contrary, I have no reason to conclude that the proposal would have an adverse impact in these regards. 16. I therefore conclude that the proposal would not result in unacceptable impacts on highway safety or a lack of parking provision.

Page 3 · Chunk 7 Appeal Decision

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — Appeal Decision Consequently, there would be no conflict with Policy DEC1 of the Local Plan which requires the provision of suitable and safe vehicular access and suitable servicing and parking arrangements. Conclusion 17. In principle, the proposal would be acceptable in respect of the living conditions of residents of 15 The Carrs and future occupiers with regard to outdoor amenity space and in terms of highways safety and parking provision. However, I am unable to conclude that it would not cause material harm to the character and appearance of the area. To this extent, there would be conflict with the development plan when considered as a whole as well as the Framework. Therefore, the appeal should be dismissed.

Page 3 · Chunk 8 F Wilkinson

15 The Carrs, Briggswath, Whitby, North Yorkshire, YO21 1RR — Scarborough Borough Council * — F Wilkinson 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 development would appear cramped on the site in contrast to the spacing between other dwellings in the vicinity, eroding the current balance of built form and corresponding spacing.

Living conditions
For appellant
¶12

The area that would be provided for each dwelling would be usable and relatively private, so this in itself would not be a reason to dismiss the appeal.

Highway safety
For appellant
¶15

I am satisfied that sufficient parking capacity would remain for occupiers of no. 15.

Parking
For appellant
¶15

I am satisfied that sufficient parking capacity would remain for occupiers of no. 15.

Policies relied on

Reference Weight
Policy DEC1 of the Scarborough Borough Local Plan
Determinative
Policy DEC4 of the Scarborough Borough Local Plan
Moderate

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 14 November 2022 under the Open Government Licence.