Case 3310668

7 Bidwell Close, BRISTOL, BS10 6RJ

Bristol City Council — appeal dismissed

Outcome
Dismissed
Decision date
6 April 2023
Authority
Bristol City Council
Inspector
Howell M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Clive Russell
LPA reference
22/02999/F
ONS LPA code
E06000023
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 January 2023

Summary AI

The appeal for a new dwelling on a site in Bidwell Close, Brentry, Bristol was dismissed. The proposed development was considered to be contrary to local design policies and would have a negative impact on the character and appearance of the area. While the scheme had some benefits, including contributing to the local housing stock, these were outweighed by the adverse impacts.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision Site visit made on 28 March 2023 by M. P. Howell BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 6 April 2023 Appeal Ref: APP/Z0116/W/22/3310668 7, Bidwell Close, Brentry, Bristol BS10 6RJ • 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 Clive Russell against the decision of Bristol City Council. • The application Ref 22/02999/F, dated 13 June 2022, was refused by notice dated 7 September 2022. • The development proposed is a new dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of the development in the banner heading above is taken directly from the Council’s Decision Notice. This is a more accurate description of the development proposed than that set out on the planning application form. Main Issue 3. The effect of the proposed development on the character and appearance of the area. Reasons Character and Appearance 4. Bidwell Close is a residential cul-de-sac with a mix of semi-detached and terraced two storey dwellings with hipped and pitched roofs.

Page 1 · Chunk 1 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision The properties have a consistent building line, set behind front gardens and driveways, which are largely open with low-lying fences, walls and hedgerows. The dwellings, for the most part, predominately sit within good sized plots and front the road. The moderate density, consistent building line and spacing together with the low- lying enclosures produces an openness that results in a pleasant character and appearance to the area. 5. 7 Bidwell Close is a semi-detached two storey property, which is positioned at the head of the cul-de-sac. The resultant plot is tapered with a wide side to rear garden that narrows towards the rear. Recent developments have resulted in flats being added to the terrace property adjoining the appeal site. Despite these additions, the spacing in-between the properties at the head of the cul de sac have largely been maintained. This consistency of appearance in the dwellings as well as the appreciable spaces in-between contribute positively to the character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/22/3310668 6. The proposal has looked to replicate the pattern of development on Bidwell Close by extending to the side of the semi-detached dwelling with a linked garage. The proposed dwelling would also have a similar width and depth with a lower height. However, this would be the only detached dwelling in the cul- de-sac, and it would mostly front the side elevation of the adjoining flats. Furthermore, although a small gap would be retained above the linked garage, the siting of the proposed dwelling would significantly diminish the appreciable space to the side. The resultant gap and dwelling would be out of rhythm with the built form and spaces within the Close, which contribute positively to the character and appearance of the area. 7. As the host dwelling is located at the head of the cul-de-sac, it is a focal point of Bidwell Close, and the proposed dwelling would be visible from public vantage points along Bidwell Close and Brentry Lane. The impact of the unsympathetic proposal on the street scene would be exacerbated by its prominence. In this context, the proposed development would appear contrived, and damaging to the character and appearance of the area. 8.

Page 2 · Chunk 3 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision The Council has indicated that the proposed development would reduce the amount of garden space at the site, impacting upon the appearance of the area. Although some of the garden and trees would need to be removed, they do not add significant value to the character and appearance of the street scene. Furthermore, all the trees to be removed are Category C, which are of ‘low quality, adequate for retention for a minimum of 10 years.’ This is supported by the Council's Arboricultural Officer who raised no objection to the loss of the garden space and trees on site. As such, the loss of greenery and trees in this instance would not significantly detract from the street scene. 9. I, therefore, conclude that the proposed dwelling would adversely impact upon the character and appearance of the area. As such, the scheme is contrary to Policy BCS21 of the Bristol Core Strategy 2011 (Core Strategy) and Policies DM21, DM26, DM27 and DM29 in the Site Allocations and Development Management Policies 2014 (Site Allocations Plan).

Page 2 · Chunk 4 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision These policies, in general, require new development to be high quality, respect the overall design and character of an area and contribute positively to an area’s local character as well as safeguarding local distinctiveness. 10. The proposed development would also be contrary to the design policies set out in section 12 of the National Planning Policy Framework. Specifically, paragraph 130 and 134 of the Framework, which seek to ensure all new developments are of a good design and have a strong contextual response to sites. Planning Balance and Conclusion 11. To allow the proposed development on the appeal site would run contrary to the policies of the development plan, which seek to ensure that the new development to be high quality, respect the overall design and character of an area and contribute positively to an area’s local character as well as safeguarding local distinctiveness. I give significant weight to the conflict with Policy BCS21 of the Bristol Core Strategy and Policies DM21, DM26, DM27 and DM29 of the Site Allocations Plan, which are generally consistent with the design policies in section 12 of the Framework. 12.

Page 2 · Chunk 5 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision In terms of benefits, I acknowledge that a family dwelling in an accessible location would be an efficient use of the underused land and contribute to the https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision In terms of benefits, I acknowledge that a family dwelling in an accessible location would be an efficient use of the underused land and contribute to the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision Appeal Decision APP/Z0116/W/22/3310668 local housing stock. I acknowledge that the scheme has been designed with various measures to minimise its environmental impact, and there would also be social and economic benefits arising from the construction period and future occupiers using nearby services and facilities. However, the uplift to the housing supply is small in an area where the undersupply is not significant. The social and economic benefits from occupiers in the local area would also be minimal, and construction benefits would be short term. As such, I can give these benefits limited weight. 13. The Council is currently unable to demonstrate the supply of housing sites as required by the Framework, and therefore paragraph 11(d) is engaged. There are no relevant protected areas or assets that provides a clear reason for refusing the development proposed. However, when assessed against the policies in the Framework taken as a whole, the adverse impacts of the proposal would significantly and demonstrably outweigh the benefits. Consequently, as set out in paragraph 11(d)ii the presumption in favour of sustainable development does not apply. 14.

Page 3 · Chunk 8 Appeal Decision

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — Appeal Decision The appeal scheme would conflict with the development plan when considered as a whole. There are no material considerations, individually or cumulatively, worthy of sufficient weight that would indicate a decision other than in accordance with it. The appeal should therefore be dismissed.

Page 3 · Chunk 9 M. P. Howell

7 Bidwell Close, BRISTOL, BS10 6RJ — Bristol City Council — M. P. Howell 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
¶4

The existing properties in the cul-de-sac have a consistent building line, set behind front gardens and driveways, which produces an openness that results in a pleasant character and appearance to the area.

Character and appearance
Against appellant
¶5

The proposed dwelling would diminish the appreciable space to the side, and its siting would be out of rhythm with the built form and spaces within the Close.

Character and appearance
Against appellant
¶6-7

The proposed dwelling would be visible from public vantage points along Bidwell Close and Brentry Lane, and its impact on the street scene would be exacerbated by its prominence.

Character and appearance
Against appellant
¶8

The loss of greenery and trees would not significantly detract from the street scene, but the proposed dwelling would still have a negative impact on the character and appearance of the area.

Planning obligations
Against appellant
¶9-10

The proposed development would conflict with Policy BCS21 of the Bristol Core Strategy and Policies DM21, DM26, DM27 and DM29 in the Site Allocations and Development Management Policies 2014, which require new development to be high quality and respect the overall design and character of an area.

Planning obligations
Against appellant
¶11-12

The proposed development would also conflict with the design policies set out in section 12 of the National Planning Policy Framework, which seek to ensure all new developments are of a good design and have a strong contextual response to sites.

Housing land supply
Against appellant
¶13

The Council is currently unable to demonstrate the supply of housing sites, and therefore paragraph 11(d) is engaged.

Planning obligations
Against appellant
¶14

The appeal scheme would conflict with the development plan when considered as a whole, and there are no material considerations worthy of sufficient weight that would indicate a decision other than in accordance with it.

Policies relied on

Reference Weight
Policy BCS21, Policies DM21, DM26, DM27 and DM29
Determinative
section 12 of the National Planning Policy Framework
Substantial

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 6 April 2023 under the Open Government Licence.