Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Site visit made on 21 September 2023 by H Jones BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 9th October 2023 Appeal Ref: APP/V2635/W/22/3304271 Plot 1 Adj. 40 Marshland Street, Terrington St Clement, King’s Lynn PE34 4NE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approval to details required by a condition of an outline planning permission. • The appeal is made by Mr David Warnes (Warnes and Edwards) against the decision of King's Lynn and West Norfolk Borough Council. • The application Ref 22/00266/RM, dated 16 February 2022, sought approval of details pursuant to condition No 1 of a planning permission Ref 19/01788/O, granted on 28 January 2020. • The application was refused by notice dated 21 June 2022. • The development proposed is Reserved Matters: Proposed new dwelling and garage and associated works. • The details for which approval is sought are appearance, landscaping, layout and scale. Decision 1.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision The appeal is dismissed and approval of the reserved matters is refused, namely the appearance, landscaping, layout and scale details submitted in pursuance of condition 1 attached to planning permission Ref 19/01788/O dated 28 January 2020. Preliminary Matters 2. 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 from that on the planning application form. The revised description matches that provided on the Council’s decision notice and accurately describes the development proposed. Accordingly, in the banner heading above I have used the revised description. Background and Main Issue 3. Outline planning permission was previously granted for 3 dwellings and associated works1. This appeal relates to plot 1 of the 3 plots only, with approval for the reserved matters of appearance, landscaping, layout and scale of a dwelling, garage and associated works sought. The Council’s single reason for refusal relates to the effects that the proposed garage would have upon the living conditions of the occupiers of the neighbouring property. 4.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Given this context, the main issue is the effect of the proposed garage upon the living conditions of the occupiers of 48 Marshland Street with particular regard to outlook and light. 1 Planning application reference 19/01788/O https://www.gov.uk/planning-inspectorate

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Given this context, the main issue is the effect of the proposed garage upon the living conditions of the occupiers of 48 Marshland Street with particular regard to outlook and light. 1 Planning application reference 19/01788/O https://www.gov.uk/planning-inspectorate

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/22/3304271 Reasons 5. The 3 housing plots with planning permission formerly contained a nursery enterprise. Plot 1 is located closest to Marshland Street. Adjacent to Marshland Street and either side of plot 1 are residential properties including 48 Marshland Street to the north. No 48 is a part two and part single storey extended property. The front entrance door serving No 48 is within the south- west facing elevation. This elevation also contains a number of windows at ground and first floor levels with French doors within the single storey rear outriggers. Opposite the property’s entrance is a quite long yet narrow garden. A hedgerow runs between this garden and the appeal site. 6. For the most part, this hedgerow is quite high, and it does have a quite significant enclosing effect upon No 48’s garden and some of the windows and doors within the south-west facing elevation. It will also cause a reduction in light. However, the hedge provides a natural, verdant feature and, therefore, the outlook from the adjacent windows, doors and garden towards it is a pleasant one. 7.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision The proposed garage would be less than half the length of No 48’s adjacent garden and it would have a set-off from the boundary. However, it would, nevertheless, be positioned close to it and at well over 3m in height and well over 7m in length it would be a building of quite considerable size and mass. Despite the height of the hedge, the proposed garage would be taller and it would be visible above it in views from parts of No 48’s garden and out of the adjacent windows and doors. As a building, the proposed garage would provide for a very different feature to the hedgerow and would not share the same natural and verdant characteristics. It would cause a harmful effect upon the outlook that the occupiers of No 48 will currently experience. The rear elevation in particular, the roof of which would not slope away from No 48, would somewhat loom over the hedge when viewed out of the nearest French doors and window at No 48. 8. I note that the appeal proposal is a resubmission with amendments having been made to it and that Council Officers recommended to Council Committee Members that it be approved.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Despite the amendments made to mitigate the effects of the proposed garage, I have, for the above reasons, identified that it would be harmful. 9. Given that the garage would be higher than the hedgerow, some reduction in the light entering the garden and accommodation at No 48 would be likely as a result of the proposal. However, given the effects that the combination of the hedgerow, garden tree and bushes and the climbing plants on the house itself will already be having on light levels, any further reduction would be limited and not unacceptably harmful. 10. The outline planning permission has established the principle of the development and it may have been the case that at that stage no unacceptable effects upon the living conditions of neighbouring occupiers were identified. However, of the 5 reserved matters, only access was included at that time with the others reserved for subsequent approval. The effects of the particular layout and scale of the garage proposed are for consideration at the reserved matters stage. https://www.gov.uk/planning-inspectorate 2

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision Appeal Decision APP/V2635/W/22/3304271 11. Although I have found that the proposed garage would not result in a significant loss of light, the effects of the proposed garage upon the outlook of the occupiers of 48 Marshland Street would be unduly harmful and would unacceptably affect their living conditions overall. Consequently, the proposed development would be contrary to Policy DM15 of the Site Allocations and Development Management Policies Plan 2016. Amongst other matters, this policy states that development which would result in significant adverse impacts upon the amenity of others will be refused. The proposed development would also conflict with advice at paragraph 130 of the National Planning Policy Framework which states that developments should ensure a high standard of amenity. Other Matters 12. The evidence before me does not conclusively demonstrate that a garage in the position proposed, yet with a slightly lower eaves height, would be permitted development. Furthermore, the plot 1 dwelling has not been built and permitted development rights have not yet been accrued.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision For a garage to be constructed by virtue of the permitted development rights it would have to be constructed as a later phase of the development rather than simultaneously with the house itself. This would make the provision of the garage under permitted development a less practical and attractive option. For these reasons, I attribute limited weight to the prospect that an alternative garage could be constructed under permitted development rights at some point. 13. One of the former nursery buildings was positioned adjacent to No 48’s garden. Although its footprint was quite large, the submitted evidence indicates to me that it was farther from the house at No 48 than the proposed garage would be and, it was lower in height. Therefore, the effects of the proposed garage and the now demolished nursery building are not very comparable and the former presence of the nursery building does not weigh in favour of the appeal proposals to any meaningful extent. 14.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — Appeal Decision The proposed garage would not result in a loss of privacy for any neighbouring occupiers, no objections may have been received from internal or external consultees and the Council may have raised no objections to the scheme on grounds other than those the subject of my main issue. However, the absence of other harms is neutral in the planning balance and does not outweigh the harm I have identified in respect of the living conditions of the occupiers of No 48. Conclusion 15. For the above reasons, having taken account of the development plan as a whole and all other relevant material considerations, the appeal is dismissed.

Plot 1 adj 40 Marshland Street, Terrington St Clement, Norfolk — King's Lynn and West Norfolk Borough Council — H Jones INSPECTOR https://www.gov.uk/planning-inspectorate 3