Case 3308258

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY

Trafford Metropolitan Borough Council — appeal allowed

Outcome
Allowed
Decision date
13 February 2023
Authority
Trafford Metropolitan Borough Council
Inspector
Teasdale N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr John Martucci
LPA reference
108218/FUL/22
ONS LPA code
E08000009
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 November 2022

Summary AI

The appeal for a detached garage on land adjacent to number 11 and 32 Milwain Road was allowed due to the proposed development not harming the character and appearance of the surrounding area. The garage would be in keeping with the appearance of other dwellings and garages nearby and would not have a significant impact on the street scene.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision Site visit made on 31 January 2023 by N Teasdale BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 13th February 2023 Appeal Ref: APP/Q4245/W/22/3308258 Land adjacent no’s 11 and 32 Milwain Road, Stretford, Manchester M32 9BY • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant full planning permission. • The appeal is made by Mr J Martucci against the decision of Trafford Metropolitan Borough Council. • The application Ref 108218/FUL/22, dated 29 May 2022, was refused by notice dated 18 August 2022. • The development proposed is erection of detached garage. Decision 1. The appeal is allowed and planning permission is granted for erection of detached garage on land adjacent no’s 11 and 32 Milwain Road, Stretford, Manchester M32 9BY in accordance with the terms of the application, Ref 108218/FUL/22, dated 29 May 2022, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in complete accordance with the following approved plans: Proposed Floor Plan Drawing No.

Page 1 · Chunk 1 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision A0.1; Proposed Elevations Drawing No. A0.2; Site Plan Drawing No. A0.3; Hybrid Ariel Site Plan Drawing No. A0.4; Location Plan Drawing No. A0.5. 3) The external surfaces of the development hereby permitted shall be constructed in facing brickwork, concrete roof tiles and UPVC windows. 4) The garage hereby permitted shall not be used other than for the storage of motor vehicles of a domestic nature only and for no other purpose. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the surrounding area. Reasons 3. The appeal site relates to a parcel of land fronting Milwain Road within a residential setting and is not associated with any of the residential properties nearby. A number of surrounding properties benefit from integrated or detached garage structures along with off street parking to the front and at my site visit, I was able to see the recently approved detached garages serving 11 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/22/3308258 Milwain Road and 23 Sandy Lane which both face Milwain Road and lie adjacent the site. 4. Whilst the proposed building would have a larger footprint than those garages nearby, the size of the plot is equally large and capable of accommodating a sizable garage without appearing cramped. The proposed garage would be single storey of a similar height to the adjacent garages and would sit at a lower level than the two storey properties surrounding the site whilst remaining in keeping with the appearance of other dwellings and garages nearby. As a result, it would not appear overly prominent or unreasonably discordant within its context. 5. Additionally, the proposed garage would be set back from the pavement towards the rear of the site and the property at No. 11 along with the positioning of the adjacent garages would substantially screen the development and it would therefore have very limited effect upon the street scene. The positioning of the proposed garage close to the boundaries is not an uncommon relationship in this location and given that views from the street are limited, the positioning of the garage would not appear dominant or overbearing. 6.

Page 2 · Chunk 3 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision The proposed development would also provide an area of hardstanding to accommodate a driveway and car parking to the front which is consistent with that found at nearby properties and would not therefore appear at odds with the general form of the area. Whilst I note concerns regarding the storage of vehicle accoutrements, there is no compelling evidence to suggest that this would be the case or that it would be any different to other garages nearby. 7. Although the proposed development would not relate to a host property, it would introduce a detached garage to enable the appellant to park his personal car in which is not uncommon in this location and is not dissimilar in terms of its use from the recently approved detached garages at No.11 and No.23. I note that the appellant resides on a different street. However, I also note that access to the garage serving No. 23 is also taken via Milwain Road despite the property being located along Sandy Lane to the rear of the site. Consequently, access via Milwain Road is already used for non Milwain Road residents.

Page 2 · Chunk 4 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision On this basis, subject to an appropriate condition restricting its use to domestic purposes, any potential impact to the functionality of the cul-de-sac and character would be no different to other garages in the area. There is also no compelling evidence that the use of this garage for domestic vehicles would lead to significant amount of comings and goings. 8. I conclude that the proposed development would not harm the character and appearance of the surrounding area. As such, it would accord with Policy L7 of the Trafford Core Strategy which amongst other things, requires development to be appropriate in its context. The proposed development would also accord with chapter 12 of the National Planning Policy Framework (the Framework) relating to achieving well designed places. Other Matters 9. The proposed development would provide a garage for domestic purposes and any movements associated with a development of this nature would not be likely to give rise to an unacceptable effect with regards to noise and disturbance nor would it lead to traffic/parking problems particularly given the off-street parking provision which would deter on-street parking. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/22/3308258 10. A condition has been applied to ensure the proposed development is used for the storage of motor vehicles of a domestic nature only. Any further application would be subject to assessment in its own right. 11. The overall layout and scale of the proposed development coupled with acceptable separation distances would not harm the living conditions of neighbouring properties in relation to privacy, outlook and light. No compelling evidence has been provided regarding the loss of a valuable green space and at my site visit, I noted that access to the public is restricted with a gated entrance and is not therefore a useable space. Conditions 12. I have considered the Council’s suggested planning conditions in light of the Framework and Planning Practice Guidance. As a result, I have amended these where necessary for clarity. 13. The standard time for commencement of development is necessary as well as a plans condition in the interests of certainty. A condition relating to materials is necessary to ensure that the appearance of the development is acceptable.

Page 3 · Chunk 6 Appeal Decision

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — Appeal Decision A condition restricting the use of the development is necessary in the interests of living conditions of nearby occupiers although I have amended the suggested condition to ensure its use relates to domestic purposes only. I find that the restriction regarding the maintenance of vehicles is not reasonable and has therefore been omitted. Conclusion 14. For the reasons given above and having had regard to the development plan as a whole, the appeal should be allowed.

Page 3 · Chunk 7 N Teasdale

land adjacent to 11 and 32 Milwain Road, Stretford, M32 9BY — Trafford Metropolitan Borough Council — N Teasdale 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
For appellant
¶4

The proposed garage would be single storey and similar in height to the adjacent garages, and would sit at a lower level than the two storey properties surrounding the site. It would not appear overly prominent or unreasonably discordant within its context.

Living conditions
For appellant
¶11

The proposed development would not harm the living conditions of neighbouring properties in relation to privacy, outlook and light. No compelling evidence has been provided regarding the loss of a valuable green space.

Policies relied on

Reference Weight
Policy L7 of the Trafford Core Strategy
Determinative
Chapter 12 of the National Planning Policy Framework
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 13 February 2023 under the Open Government Licence.