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.
PDF text
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.
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
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.
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.
Land Adjacent To 50 Burton Road, Manchester, M20 3EB — Manchester City Council — H Senior INSPECTOR https://www.gov.uk/planning-inspectorate 2
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
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 15 August 2023 under the Open Government Licence.