178 Bath Road, Longwell Green, BRISTOL, BS30 9DB

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Site visit made on 7 February 2023 by A Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 14 February 2023 Appeal Ref: APP/P0119/W/22/3308155 178 Bath Road, Longwell Green, South Gloucestershire, BS30 9DB • 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 A Comley against the decision of South Gloucestershire Council. • The application Ref P22/01893/F, dated 24 March 2022, was refused by notice dated 16 June 2022. • The development proposed is conversion of existing workshop to form 2 No. two bedroom duplexes. Decision 1. The appeal is dismissed. Preliminary Matters 2. Before the Council made its decision the proposal was amended to provide two areas of private garden to serve the two dwellings on land that is in the ownership of a neighbour. These two areas are shown on the proposed block plan, drawing no. 20.001-002a. However, the site location plan, drawing no. 20.001-001, was not amended to include the two areas of private garden. 3. To address this the appellant has submitted a revised site location plan with the appeal. This is drawing no. 20.001-001A.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision This has increased the red line area to take in the two areas of private garden that currently form part of the neighbouring plot. 4. Annex M of the Procedural Guide Planning Appeals – England1 establishes that it is important that what is considered by the inspector is essentially what was considered by the local planning authority, and on which interested people’s views were sought. The amended red line area increases the appeal site, but it does not propose a new use to this portion of land. The area currently serves as part of the garden of the neighbouring dwelling, and as part of the proposal it would serve as two garden areas for the proposed dwellings. For these reasons I am satisfied that it is reasonable for me to take into account the amended plan and that no party would be prejudiced by my doing so. 5. The conversion of the building has been largely carried out although was not complete at the time of my visit and the position of openings on the front elevation of the building does not correspond with the submitted plan. I have determined the appeal on this basis. 1 Paragraph M.2.1 https://www.gov.uk/planning-inspectorate

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3308155 6. The Council has confirmed that additional information submitted at appeal is sufficient to address its fourth refusal reason relating to ecology. This is not therefore a matter that I need to consider further. Main Issues 7. The main issues are: a) The effect of the proposal on the character and appearance of the area, b) Whether the proposal would secure adequate living conditions for future occupiers of the dwellings, with particular regard to private outdoor space and outlook, and c) The effect of the proposal on the living conditions of the occupants of existing dwellings, with particular regard to overlooking. Reasons Character and appearance 8. The appeal site is located in a mature suburban area that is characterised by road frontage development and narrow plots. The proposal relates to the conversion of a sizeable existing building that is referred to as a workshop and stands at the rear of one of the road facing dwellings, accessed by a narrow track to the side of the dwelling. Beyond it a new dwelling has recently been erected within the same linear plot, and to the southeast other dwellings have been erected to the rear of the dwellings that front the road.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision As a result, although the area is generally spacious, the immediate area of the appeal site is already reasonably densely developed with existing dwellings close to the appeal building on three sides. 9. The plans show that the dimensions of the building would not be altered by the proposed conversion. Its footprint and height mean that it appears as a more significant building than the subservient ancillary outbuilding suggested by the Council. Notwithstanding this, public views of the building are limited to a glimpse view from Bath Road where its front elevation can be seen at a distance, in line with the side boundary of the rear garden of No. 178 Bath Road. 10. From the road the building can be seen to the front of the sizeable new dwelling at the end of the plot, which faces towards the road with a prominent dark clad gable. This establishes the presence of significant backland development to the rear of the original dwelling, and from within the site this is seen in the context of other dwellings that have been built close by to the south. 11. The alterations to convert the building to two dwellings would appear to be fairly modest, and have a limited impact on the building’s appearance.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision The division of external space would not be visually prominent from the road, and there is nothing before me to suggest that the building now appears more cramped than it did before the works to convert it commenced. 12. In summary, the proposal would not harm the character and appearance of the area. It would accord with Policies CS1 and CS16 of the South Gloucestershire Local Plan Core Strategy 2006-2027 and Policy PSP1 of the South Gloucestershire Local Plan Policies, Sites and Places Plan 2017 (PSP). Together https://www.gov.uk/planning-inspectorate 2

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision The division of external space would not be visually prominent from the road, and there is nothing before me to suggest that the building now appears more cramped than it did before the works to convert it commenced. 12. In summary, the proposal would not harm the character and appearance of the area. It would accord with Policies CS1 and CS16 of the South Gloucestershire Local Plan Core Strategy 2006-2027 and Policy PSP1 of the South Gloucestershire Local Plan Policies, Sites and Places Plan 2017 (PSP). Together https://www.gov.uk/planning-inspectorate 2

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3308155 these seek to ensure that development proposals are of a high standard of design, and informed by the character of the area. Living conditions for future occupants 13. Each dwelling would be served by a small enclosed yard to the side and a detached area of enclosed garden. Both dwellings would be of a reasonable size and capable of accommodating a small family. The combined area would satisfy the minimum size required for a two bedroom house as set out in Policy PSP43 of the PSP. 14. This Policy also establishes that the spaces should be functional and easily accessible from living areas. Although directly accessible from each dwelling, the small areas to the sides would be too small to provide a functional external space that could be used for sitting out, socialising, drying washing or play. Their ability to provide for such functions would be limited by their enclosed nature which would provide limited outlook for its users and has the potential to feel oppressive. This would be particularly so for the space to the side of the easterly dwelling as this area would be shaded for much of the day. 15.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Therefore, the occupants of the dwellings would need to rely on the detached areas of garden. Whilst this would be larger and sufficiently sized to provide an area that would meet the requirements set out at paragraph 8.64 and 8.66 of the PSP at a basic level, its detached position away from the dwellings would severely comprise its functionality. 16. Policy PSP43 states that private external space should be easily accessible from living areas. Whilst detached external spaces can work in some contexts, the proposed areas cannot be considered easily accessible as users would need to pass over a driveway that provides vehicular access to the dwelling beyond and would therefore be unsafe for children to access independently. I also note that both areas would be offset from the corresponding dwelling, and the area that would serve the dwelling to the east would be set well away from the small area to the side of the dwelling and the pair of doors from the lounge. I am therefore not satisfied that either area would be accessible from the living areas of the corresponding dwelling. 17. Furthermore, the two areas would be severely overlooked by the first floor windows of the existing dwelling to the south.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision On this basis these areas would not be private. 18. Although no section details are provided it is suggested that the first floor rooflights would prevent overlooking due to their elevated position. They would thus only give the occupants an outward view of the sky from the first floor of the dwellings. This cannot be considered a meaningful outlook. 19. Outlook from the ground floor of both dwellings would be severely constrained to the side by the narrow width and enclosed nature of these small side spaces. The outlook to the front would have some interest and be similar to that from a terraced dwelling fronting a road. In addition, both dwellings would receive a good level of natural light through these openings. However, taking into account the size of the dwellings, a meaningful outlook that can only be provided in one direction and from one floor would not provide future occupiers of the dwelling with acceptable living conditions. https://www.gov.uk/planning-inspectorate 3

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3308155 20. At my visit I could see that the western dwelling would be close to the rear of the existing dwelling to the south, which has large first floor dormer windows facing out towards the appeal building. As a result, its future occupants are likely to feel overlooked and the ground floor living space would lack a reasonable level of privacy. 21. It is suggested that the outlook at the front would be similar to a terraced property fronting a road. Whilst this might be the case, such terraced dwellings usually benefit from a more meaningful outlook elsewhere. I am not therefore satisfied that this comparison should be used to justify the proposed arrangement. 22. Thus, for numerous reasons, the proposal would not secure adequate living conditions for future occupiers of the dwellings. It would be contrary to Policies PSP8 and PSP43 of the PSP. Together these seek to ensure that development proposals do not create unacceptable living conditions and include functional, accessible, sufficiently sized private external amenity space. Living conditions for existing occupants 23.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision There would be no overlooking of the garden to the north through the first floor rooflights if they are fixed at the height suggested by the appellant. A condition could be imposed to ensure that this is the case, in the event that the appeal is allowed. 24. At my visit I observed that the two areas of garden that would be located within a neighbouring garden would require a boundary very close to the rear elevation of No. 184a Bath Road. This includes some large ground floor window openings. The outlook from these windows would be severely reduced by the boundary that would be required to enclose the two areas of garden. 25. In summary, the proposal would have a harmful effect on the living conditions of the occupants of No. 184a Bath Road. It would be contrary to Policies PSP8 and PSP38 of the PSP, which together seek to ensure that development proposals do not have an unacceptable impact on the residential amenity of the occupiers of nearby properties. Other Matters 26. The proposal is for two small family dwellings. This is a benefit that attracts some weight, however the weight I give it is limited by the poor living conditions the dwellings would provide for future occupants. 27.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Submissions refer to the poor appearance of the building before the conversion work commenced. I have found that the proposal would not harm the character and appearance of the area. At my visit I was able to see that the building is now in a tidy condition, however I am unable to compare this with its previous state as the work to convert the building has largely been carried out, and there are no details to show what condition the building and site was in beforehand. Furthermore, the building is tucked in behind another dwelling and not prominent from the road, so the previous impact of its poor condition on the general character and appearance of the area would have been limited. I therefore give this matter little weight. 28. These matters carry limited weight and are not sufficient to outweigh my findings on the second and third main issues of the appeal. https://www.gov.uk/planning-inspectorate 4

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — Appeal Decision Appeal Decision APP/P0119/W/22/3308155 Conclusion 29. In conclusion, the proposal would conflict with the development plan and there are no other considerations that outweigh that conflict. Therefore, the appeal should be dismissed.

178 Bath Road, Longwell Green, BRISTOL, BS30 9DB — South Gloucestershire Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 5