19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY
Rushcliffe Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 October 2023
- Authority
- Rushcliffe Borough Council
- Inspector
- Ford K
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Ms Isobel Holmes
- LPA reference
- 22/00254/FUL
- ONS LPA code
- E07000176
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 July 2023
Summary AI
The appeal for a bungalow at 19 Damson Road was dismissed due to harm to the character and appearance of the area and living conditions of future occupants. The development would be out of keeping with the surroundings and would cause overshadowing to the adjacent garden.
PDF text
19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY — Rushcliffe Borough Council — Appeal Decision Site visit made on 29 August 2023 by K Ford MSc MRTPI an Inspector appointed by the Secretary of State Decision date:11.10.2023 Appeal Ref: APP/P3040/W/23/3316027 19 Damson Road, East Leake, Loughborough, Nottinghamshire LE12 6QY • 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 Thomas Macfarlane and Isobal Holmes against the decision of Rushcliffe Borough Council. • The application Ref 22/00254/FUL, dated 8 February 2022, was refused by notice dated 4 August 2022. • The development proposed is erection of bungalow. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are; • The effect on the character and appearance of the area. • Whether the development would provide acceptable living conditions for future occupiers with regards amenity space and internal space standards. Reasons Character and Appearance 3. The appeal site is a semi detached house at the end of a cul de sac location in a road of similarly styled 2 storey semi detached and detached dwellings with short front gardens and car parking to the side of dwellings. The site is adjacent to an area of public open space and so is clearly visible.
19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY — Rushcliffe Borough Council — Appeal Decision To the side of the property is an area of hard standing which has planning permission for a detached garage that was under construction at the time of my site visit. The proposed bungalow would be positioned in the same location as the garage. 4. Whilst the materials and style of the dwelling would reflect the surrounding properties, the scale and appearance of the development would be out of keeping with the surroundings. The development would be clearly visible and appear as an incongruous addition. The residential paraphernalia associated with the separate independent dwelling would mean that it would not appear as an outbuilding, as suggested by the appellant. 5. The development would harm the character and appearance of the area. As such it would conflict with the part of Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies (Local Plan Part 2) which supports development https://www.gov.uk/planning-inspectorate
19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY — Rushcliffe Borough Council — Appeal Decision Appeal Decision APP/P3040/W/23/3316027 that is of a scale, height, massing and design that is sympathetic to the character and appearance of the neighbouring buildings and the surrounding area. Living Conditions 6. The proposed development would provide 55 sq. metres of amenity space. However, due to the proximity of the scheme to No 19 there would be significant overshadowing to the garden area and therefore insufficient space would be provided, causing harm to the living conditions of the occupants of the dwelling. 7. The Nationally Described Space Standards require 2 storey developments to provide a minimum of 58 sq. metres of floorspace. The appellant says the floorspace equates to some 56 sq. metres. It does not therefore comply with the space standards. Even if the installation of a dormer window, as suggested by the appellant, increased the floorspace it would not overcome the other elements of harm I have identified within the development. 8. The development would harm the living conditions of the future occupants of the dwelling with regards amenity space and internal space standards.
19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY — Rushcliffe Borough Council — Appeal Decision As such it would conflict with the part of Policy 1 of the Local Plan Part 2 that requires new development to provide sufficient space within the site to accommodate the proposal together with ancillary amenity and circulation space. It would also conflict with the Rushcliffe Residential Design Guide which amongst other things identifies a need for larger gardens where gardens are overshadowed. Other Matters 9. As identified by the appellant, the development would be an efficient use of land and would lead to the provision of an additional dwelling in an existing residential area. However, this is outweighed by the harm I have identified. Conclusions 10. For the reasons given, I conclude that the appeal should be dismissed.
19 Damson Road, East Leake, Loughborough, Nottinghamshire, LE12 6QY — Rushcliffe Borough Council — K Ford INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶4
The development would be out of keeping with the surroundings and appear as an incongruous addition due to its scale and appearance.
Living conditions Against appellant ¶6
The proposed development would cause significant overshadowing to the adjacent garden, leading to insufficient amenity space for the future occupants.
Policies relied on
| Reference | Weight |
|---|---|
| Policy 1 of the Rushcliffe Local Plan Part 2: Land and Planning Policies |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 11 October 2023 under the Open Government Licence.