Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX
Sedgemoor District Council * — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 25 May 2023
- Authority
- Sedgemoor District Council *
- Inspector
- McAndrew R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr Leigh Scotcher
- LPA reference
- 44/21/00018/EC
- ONS LPA code
- E07000188
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 February 2023
Summary AI
The inspector dismissed the appeal due to concerns over the proposed development's impact on living conditions, both for future residents and neighbouring occupiers.
PDF text
Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX — Sedgemoor District Council * — Appeal Decision Site visit made on 27 April 2023 by Rebecca McAndrew, BA Hons, MSc, PG Dip Urban Design, MRTPI an Inspector appointed by the Secretary of State Decision date: 25 May 2023 Appeal Ref: APP/V3310/W/22/3312944 Sycamore Farm, Turnpike Road, Shipham, Winscombe BS25 1TX • 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 Leigh Scotcher against the decision of Sedgemoor District Council. • The application Ref 44/21/00018 EC, dated 27 September 2021, was refused by notice dated 9 June 2022. • The development proposed is the erection of one detached two storey dwelling and parking, as well as the formation of a new pedestrian access. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are; • Whether the proposed development would provide acceptable living conditions for future occupants, in terms of the level of garden space which would be provided; and • Whether the proposed development would unacceptably harm the living conditions of the neighbouring occupiers of Sycamore Farm, in terms of outlook. Procedural Matters 3.
Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX — Sedgemoor District Council * — Appeal Decision The Council’s Reason for Refusal refers to the impact on two first floor windows in adjacent property, Sycamore Farm which is also in the appellant’s ownership. The appellant has submitted an updated plan and as part of this appeal which indicates that these windows have now been blocked up, which I confirmed on my site visit. I have therefore considered the appeal as such. Reasons 4. The appeal site is modest in size. The proposed large, detached dwelling would front onto Turnpike Road and span almost the full width of the plot. The scheme proposes a vehicular access off Sycamore Road and a parking area, which would occupy a significant proportion of the land to the rear of the proposed dwelling. The limited remaining space between the house and the parking area would form the private garden area for the development. https://www.gov.uk/planning-inspectorate
Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX — Sedgemoor District Council * — Appeal Decision Appeal Decision APP/V3310/W/22/3312944 5. This minimal outdoor area would fall below the level of private garden area which could be reasonably expected for a dwelling of this size. Consequently, the appeal proposal represents overdevelopment, and it would not provide a satisfactory standard of living conditions for future occupiers. 6. The blank side elevation of the proposed dwelling would sit close to the joint side boundary with Sycamore Farm. At the time that the Council determined the planning application, this house included two upstairs windows in the elevation facing the appeal site. Due to the limited distance between the two properties, the proposed house would have dominated and unduly harmed the outlook from those bedrooms. 7. Given that the appellant has now blocked up these window openings, the relationship between the two properties would now be acceptable. As such, the proposed dwelling would not unduly harm the living conditions of neighbouring occupiers. However, this does not outweigh the overall harm I have described to the living conditions of future residents. 8.
Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX — Sedgemoor District Council * — Appeal Decision Taking all matters into consideration, I conclude that the proposal would represent overdevelopment of this limited site and therefore would not achieve a satisfactory level of living conditions for future residents. Consequently, the proposal would be contrary to Policies T3a, D2 and D25 of the Sedgemoor Local Plan 2011-2032 (2019) which, taken together, seek to secure good quality development which provides satisfactory living conditions for future residents. Other Matters 9. I note that in 2011 there were discussions between the appellant and the Council regarding developing the site. However, given the limited information before me in this respect and the significant amount of time which has passed since the discussions referred to, I attach limited weight to this in making my decision. 10. I recognise that developing this vacant site could improve the character and appearance of the area. However, any benefit in this respect would not outweigh my concerns regarding the harm that I have identified in terms of overdevelopment and the unacceptable level of living conditions proposed for future occupiers. Conclusion 11. For the reasons given above, I conclude that the appeal should be dismissed.
Sycamore Farm, Turnpike Road, Shipham, Winscombe, BS25 1TX — Sedgemoor District Council * — Appeal Decision Rebecca McAndrew INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶5
The appeal proposal would not provide a satisfactory standard of living conditions for future occupiers due to the minimal outdoor area provided.
Living conditions For appellant ¶7
The relationship between the two properties would now be acceptable since the appellant has blocked up the window openings, so the proposed dwelling would not unduly harm the living conditions of neighbouring occupiers.
Character and appearance Neutral ¶9
Developing the vacant site could improve the character and appearance of the area, but this benefit would not outweigh the concerns regarding overdevelopment and unacceptable living conditions.
Policies relied on
| Reference | Weight |
|---|---|
| T3a, D2 and D25 of the Sedgemoor Local Plan 2011-2032 (2019) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 25 May 2023 under the Open Government Licence.