56 Bourne Hill, LONDON, N13 4LY
London Borough of Enfield — appeal allowed
- Outcome
- Allowed
- Decision date
- 16 May 2023
- Authority
- London Borough of Enfield
- Inspector
- Barnes D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Serkan Tencere
- LPA reference
- 22/01276/FUL
- ONS LPA code
- E09000010
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 20 February 2023
Summary AI
The appeal was allowed due to the proposed development not causing unacceptable harm to the character and appearance of the surrounding area. The inspector noted that the development would not increase the property's footprint, alter the front elevation, or introduce unacceptable visual clutter. The proposal also included provision for adequate parking, cycle parking, and refuse/recycling facilities.
PDF text
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision Site visit made on 25 April 2023 by D J Barnes MBA BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 16th May 2023 Appeal Ref: APP/Q5300/W/22/3313886 56 Bourne Hill, Southgate, Enfield N13 4LY • 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 Serkan Tencere against the decision of the Council of the London Borough of Enfield. • The application Ref 22/01276/FUL, dated 12 April 2022, was refused by notice dated 14 July 2022. • The development proposed is the subdivision of site and conversion of single family dwelling into 2 No. dwelling houses (1 x 1-bed and 1 x 4-bed). Decision 1. The appeal is allowed and planning permission is granted for the subdivision of site and conversion of single family dwelling into 2 No. dwelling houses (1 x 1- bed and 1 x 4-bed) at 56 Bourne Hill, Southgate, Enfield N13 4LY in accordance with the terms of the application, Ref 22/01276/FUL, dated 12 April 2022, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan; P-301; P-302; P- 303; P-304; P-305 and P-306. 3) The approved one bedroom dwelling shall not be occupied until space has been laid out within the site for 2 cars to be parked in accordance with details which have been submitted to and approved in writing by the local planning authority. The space shall thereafter be kept available at all times for the parking of vehicles in accordance with the approved details. 4) The approved one bedroom dwelling shall not be occupied until safe and secure provision within the site has been provided for 6 bicycles to be parked in accordance with details which have been submitted to and approved in writing by the local planning authority. The bicycle parking shall thereafter be kept available at all times for the parking of bicycles in accordance with the approved details. 5) The approved one bedroom dwelling shall not be occupied until refuse and recycling facilities have been provided within the site in accordance with details which have been submitted to and approved in writing by the local planning authority.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision The facilities shall thereafter be kept available at all times as refuse and recycling facilities in accordance with the approved details. https://www.gov.uk/planning-inspectorate
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision The facilities shall thereafter be kept available at all times as refuse and recycling facilities in accordance with the approved details. https://www.gov.uk/planning-inspectorate
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision Appeal Decision APP/Q5300/W/22/3313886 Main Issue 2. It is considered that the main issue is the effect of the proposed development on the character and appearance of the surrounding area. Reasons 3. The appeal property is an extended semi-detached dwelling situated within a primarily residential area. The appeal scheme includes the sub-division of the property with the existing 2-storey side extension becoming a separate 1-bedroom dwelling. Although incomplete, works to create this proposed dwelling have been undertaken and the current internal layout does not reflect the submitted drawings, including the proposed utility room and study being laid out as a single room. However, this appeal has been assessed based upon the submitted drawings and description of development which specifically identify a proposed 1-bedroom dwelling. 4. The surrounding area predominantly comprises 2-storey semi-detached dwellings but there are terraced dwellings and purposed built flatted buildings fronting Bourne Hill close to the appeal property. Accordingly, there are variations in the character and appearance of this residential area. 5.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision By reason of the access to the existing and proposed dwellings sharing the same front door and porch, the front elevation of the property and its current contribution to the character and appearance of the residential streetscene would not alter. When compared to the current situation, the sub-divided property would still have the appearance of an extended semi-detached dwelling. 6. A parking space is proposed for each dwelling which would reflect the level of off-street parking within the front gardens of other semi-detached properties fronting the road the details of which could be the subject of a condition as suggested by the Council’s Traffic and Transportation Officer. There would be a need for cycle parking and refuse/recycling facilities associated with the proposed dwellings but, as identified in the Planning Officer’s report, their size and siting could be subject of appropriate conditions if this appeal succeeds. Enabling the approval of such details would also provide some control to avoid unacceptable visual intrusion and clutter being introduced into the streetscene.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision When taken together with the absence of an increase in the property’s footprint and no alterations to the front elevation, the appeal scheme would not result in the appearance of an incongruous and cramped form of development within the streetscene. 7. No increase is proposed to the footprint of the appeal property. The erection of the roof lights would not materially alter the appearance of the property when viewed from the surrounding gardens. However, property’s rear garden would be sub-divided to create separate private amenity spaces for each dwelling. Although the garden of the proposed 1-bedroom dwelling would be smaller in extent than those associated with the near-by dwellings, this would not result in such a significant change to the character and appearance of the surrounding residential area to justify this appeal failing. There would not be the appearance of the current appeal property and its curtilage being over developed. https://www.gov.uk/planning-inspectorate 2
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision Appeal Decision APP/Q5300/W/22/3313886 8. For the reasons given, it is concluded that the proposed development would not cause unacceptable harm to the character and appearance of the surrounding area and, as such, it would not conflict with Policy CP30 of Enfield’s Core Strategy, Policies DMD 6, DMD 7 and DMD 8 of Enfield’s Development Management Document and Policies D3 and D8 of the London Plan. Amongst other matters, these policies seek to optimise the capacity of a site but also require high quality development of a scale and form appropriate to the existing pattern of development, take into the nature of the surrounding area account and have regard to the character typologies. Other Matters 9. The concerns of the neighbouring occupiers about their living conditions have been carefully noted, including the potential for noise and disturbance. However, the proposal would not materially increase the activities associated with the property’s use as a larger family home. Accordingly, there are no reasons to depart from the Council’s assessment that no unacceptable harm would be caused to the living conditions of the occupiers of neighbouring properties. 10.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision The appellant has identified that the Council cannot identify a 5-year supply of deliverable housing land within the Borough. However, the proposed development has been assessed against the relevant development plan policies and whether or not there is a 5-year housing land supply is not decisive in the determination of this appeal. Conditions 11. The Council has not suggested conditions in the event this appeal succeeds. However, conditions are suggested by consultees in the Planning Officer’s report and these have been assessed against tests in the National Planning Policy Framework and the Planning Practice Guidance. 12. For reason of clarity a condition is necessary to require the development to be undertaken in accordance with the approved drawings, including the creation of a 1-bedroom dwelling as referred to in the description of development. As already identified, conditions to secure the provision of adequate and appropriately sited parking, refuse/recycling storage and secure bicycle parking are also necessary albeit securing their provision would need to be linked to the occupancy of the proposed 1-bedroom dwelling. 13.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — Appeal Decision Accordingly, and for the reasons given, it is concluded that this appeal should be allowed.
56 Bourne Hill, LONDON, N13 4LY — London Borough of Enfield — D J Barnes INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶3-7
The inspector considered that the proposed development would not result in the appearance of an incongruous and cramped form of development within the streetscene. The absence of an increase in the property's footprint and no alterations to the front elevation also supported this conclusion.
Living conditions For appellant ¶9-10
The inspector noted that the proposal would not materially increase the activities associated with the property's use as a larger family home, and therefore would not cause unacceptable harm to the living conditions of the occupiers of neighbouring properties.
Housing land supply For appellant ¶10
The inspector concluded that the proposed development has been assessed against the relevant development plan policies, and whether or not there is a 5-year housing land supply is not decisive in the determination of this appeal.
Policies relied on
| Reference | Weight |
|---|---|
| Policy CP30 of Enfield's Core Strategy, Policies DMD 6, DMD 7 and DMD 8 of Enfield's Development Management Document and |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 16 May 2023 under the Open Government Licence.