Case 3316193

Land Adjacent To 50 Burton Road, Manchester, M20 3EB

Manchester City Council — appeal dismissed

Outcome
Dismissed
Decision date
15 August 2023
Authority
Manchester City Council
Inspector
Senior H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Tauqeer Sabir
LPA reference
131117/FO/2021
ONS LPA code
E08000003
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 May 2023

Summary AI

The appeal for two semi-detached dwellings on a vacant plot was dismissed due to concerns about the character and appearance of the area, and the potential impact on the living conditions of nearby residents. The inspector found that the development would conflict with local and national planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — Appeal Decision Site visit made on 21 June 2023 by H Senior BA (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 15 August 2023 Appeal Ref: APP/B4215/W/23/3316193 Land Adjacent To 50 Burton Road, Manchester M20 3EB • 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 Tauqeer Sabir against the decision of Manchester City Council. • The application Ref 131117/FO/2021, dated 15 July 2021, was refused by notice dated 30 November 2022. • The development proposed is erection of 2 No 4 bedroomed semi-detached dwellings on vacant land. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the proposal on: • the character and appearance of the area, and • the living conditions of the occupiers of 14 to 20 Thursby Avenue with particular regard to privacy. Reasons Character and appearance 3. The appeal site is an irregular shaped plot of land adjacent to 50 Burton Road. To the left of the site, when viewed from Burton Road, is a terraced row of mixed commercial and residential properties. To the right of the site are residential properties with a mix of types and styles.

Page 1 · Chunk 1 Appeal Decision

Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — Appeal Decision They have a similar set back from the highway, giving a regular rhythm to the street, which contributes to the character of the area. The site has a relatively narrow street frontage, due to the presence of an electricity substation. 4. It is agreed that the site is a sustainable location and suitable for residential development. From the evidence before me and from my observations at the site visit, I have no reason to disagree with these findings. However, the narrow frontage and position of the electricity substation means that the development of two four bedroomed dwellings in a staggered formation would appear cramped within the site. In addition, the necessary set back would not reflect the established building line of the nearby properties. 5. Whilst I accept that the proposal would allow the reuse of a currently underused area of land which would be of benefit to the area, this matter does https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — Appeal Decision Appeal Decision APP/B4215/W/23/3316193 not outweigh the harm I have found to the character and appearance of the area. 6. I conclude that the erection of two semi-detached dwellings would harm the character and appearance of the area. The proposal would conflict with Policies SP1 and DM1 of the Manchester Core Strategy (2012) which together, amongst other matters, seek to ensure that development has regard to the character of the surrounding area. It would also conflict with the design aims of the National Planning Policy Framework and the National Design Guide. Living conditions 7. The rear first floor bedrooms of the proposed dwellings would have large openings with patio doors and Juliet balconies. Due to the setback position of the dwellings and the proximity to the site boundaries these would give the appearance of overlooking the gardens of the neighbouring properties on Thursby Avenue. I accept that the gardens of these properties are relatively long but nevertheless the possibility of overlooking from the first floor of the proposed dwellings would give a sense of loss of privacy. 8.

Page 2 · Chunk 3 Appeal Decision

Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — Appeal Decision I conclude that the erection of two semi-detached dwellings would harm the living conditions of the occupiers of 14 to 20 Thursby Avenue with particular regard to privacy. The proposal would conflict with Policy DM1 of the Manchester Core Strategy (2012) which, amongst other matters, seek to ensure that development should have regard to the effects on amenity, including privacy. Other Matters 9. I have had regard to the nearby planning application that has been brought to my attention. Whilst I do not have the full details of the proposal before me, it involves residential development at a higher density than this proposal. However, that site has a wide frontage and is regular in shape so therefore not directly comparable to the proposal before me. In any event, I have determined this appeal on the site-specific circumstances of this case. Conclusion 10. The proposed development conflicts with the development plan as a whole and there are no other considerations that outweigh this conflict. I therefore conclude that the appeal is dismissed.

Page 2 · Chunk 4 H Senior

Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — H Senior INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶3

The narrow frontage and presence of an electricity substation would make the development appear cramped and irregular, conflicting with the established building line of nearby properties.

Character and appearance
Against appellant
¶5

The proposal would conflict with local and national planning policies, including Policies SP1 and DM1 of the Manchester Core Strategy, and the National Planning Policy Framework and the National Design Guide.

Living conditions
Against appellant
¶7

The large openings with patio doors and Juliet balconies would give the appearance of overlooking the gardens of neighbouring properties on Thursby Avenue, potentially causing a loss of privacy.

Living conditions
Against appellant
¶8

The proposal would conflict with Policy DM1 of the Manchester Core Strategy, which seeks to ensure that development has regard to the effects on amenity, including privacy.

Policies relied on

Reference Weight
SP1 and DM1 of the Manchester Core Strategy (2012)
Determinative
National Planning Policy Framework and the National Design Guide
Determinative
Policy DM1 of the Manchester Core Strategy (2012)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 15 August 2023 under the Open Government Licence.