Case 3316402

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW

Trafford Metropolitan Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
13 September 2023
Authority
Trafford Metropolitan Borough Council
Inspector
Hughes L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Khalid Ashraf
LPA reference
107942/FUL/22
ONS LPA code
E08000009
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 June 2023

Summary AI

The appeal for two 3-bedroom semi-detached houses was dismissed due to the proposal's adverse impact on the character and appearance of the area. The inspector found that the proposal would interrupt the balanced form and regular rhythm of development, and would look conspicuous in the street scene. The benefits of the proposal, including its contribution to the housing land supply, were outweighed by the harm caused to the character and appearance of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision Site visit made on 22 August 2023 by L Hughes BA (Hons) MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 13 September 2023 Appeal Ref: APP/Q4245/W/23/3316402 Land Adjoining 24 Erlington Avenue, Firswood, Manchester M16 0FW • 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 Khalid Ashraf against the decision of Trafford Metropolitan Borough Council. • The application Ref 107942/FUL/22, dated 27 April 2022, was refused by notice dated 5 December 2022. • The development proposed is the erection of two 3 bedroom semi-detached houses with associated parking. Decision 1. The appeal is dismissed. Procedural Matters 2. Amended plans were submitted to the Council during the application determination period. I have determined this appeal based on these plans. Main Issue 3. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 4. Erlington Avenue predominantly consists of traditional semi-detached properties which are of a similar size and design.

Page 1 · Chunk 1 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision The properties in the street have 2-storey bay windows to the front, with a gabled roof and timber detail, a ground floor of red brick, and white render to the first-floor elevation. The properties have an arched entrance way, and most properties have a low brick wall along their front boundary, with small front gardens. 5. The street has a pleasant, traditional suburban feel, and the uniformity of the dwellings gives a harmonious impression of cohesiveness which adds positively to the character and appearance of the area. 6. I understand that the appellant worked with the Council in order to improve the design of the scheme. The proposed dwellings have been designed using materials commonly found in the street scene, and to incorporate features found in the surrounding properties. They would comply with the Nationally Described Space Standards and recommended densities in the Council’s Planning Guidance – New Residential Development. However, the narrow width of the properties and the slightly higher ridge height give an appearance of notably different proportions not representative of the surrounding properties, and would look conspicuous in the street scene. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/23/3316402 7. The majority of houses in Erlington Avenue have garages or an area for parking to their side, which provides a degree of space and separation. This prevailing pattern of separation between the pairs of semi-detached properties adds to the balanced form and regular rhythm of development and contributes positively to the street scene. 8. In contrast, the proposed dwellings would have considerably less space between them and the site boundaries than is typical for the locality. This lack of space around the proposed dwellings would make them appear cramped and would interrupt and unbalance the pattern of the street scene. While there would still be a degree of openness to the north, provided by the rear gardens on Rye Bank Road, this does not alter the shape and form of the dwellings or visual relationship with others on Erlington Avenue. 9. The proposed layout allows for one parking space in front of each dwelling, which differs from the majority of surrounding dwellings where parking is provided to the side.

Page 2 · Chunk 3 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision The Council’s Planning Guidance, New Residential Development (2004) states that residents parking in front of the building line may be accepted if the need can be justified, and if the result in terms of appearance is shown to be satisfactory and in character with the area. 10. A number of properties have converted their front gardens to hard landscaping to allow for parking, although I saw at the site visit that many have kept their low boundary walls. There is limited soft landscaping to the surrounding plot frontages, but the boundary treatments between the plots and those with driveways at the side of their properties that do have frontage landscaping ensures that in general, hard landscaping does not dominate the street scene. 11. By contrast, the design and layout of the proposed scheme does not allow for soft landscaping or enclosure of the site to any extent at the front of the properties. While a condition could be used to secure further landscaping, due to the limited space at the front of the proposed development, it is unlikely that there would be adequate space for such provision to any mitigating degree. 12.

Page 2 · Chunk 4 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision The appellant considers that in its current form the appeal site detracts from the visual appearance of the area, and that there is a risk that if residential use is not granted, that the site will deteriorate further. However, it has not been demonstrated that the proposal represents the only means of developing the site, and so I give limited weight to this matter. 13. On the issue of character and appearance I therefore conclude that due to the reasons highlighted above, the proposal would be contrary to the Council’s Planning Guidance - New Residential Development (2004) and Policy L7 of the Trafford Local Plan: Core Strategy (2012), which seek to maintain and enhance the local distinctiveness of the Borough’s established residential areas and ensure that development enhances the street scene or character of the area. The proposal would also conflict with design objectives of the National Planning Policy Framework (the Framework) which, amongst other matters, seeks to ensure that developments are sympathetic to local character. Other Matters 14. There have been no objections from statutory bodies, and the Council had no concerns regarding residential amenity or flooding.

Page 2 · Chunk 5 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision However, such lack of harm means that these are neutral matters within the planning balance. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision However, such lack of harm means that these are neutral matters within the planning balance. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/23/3316402 15. I understand that the Council can currently demonstrate a 3.75 year supply of deliverable housing land. In this scenario, Paragraph 11 d) ii) of the Framework indicates that planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 16. The Government is seeking to significantly boost the supply of housing. The Framework also encourages and supports the effective and efficient use of land and recognises that small sites can make an important contribution to the Council’s housing supply. Although the proposed development is for just two dwellings, this would contribute positively to the Council’s housing land supply, in an area of worsening affordability, and be an efficient use of under-utilised land. 17. The proposed development would provide social benefits in terms of two new houses in a sustainable and accessible location. Furthermore, the development would generate economic activity during the construction of the houses and provide homes to residents who would contribute to the local economy.

Page 3 · Chunk 8 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision The development would be near facilities and public transport links which may encourage future occupants to use sustainable modes of transport, thus benefitting the environment. There would therefore be economic, social and environmental benefits to the scheme. As the proposal is for only two dwellings, I give these benefits moderate weight. 18. However, I have found that the proposal would be harmful to the character and appearance of the area. This harm would be long lasting and would be contrary to the design aims of the Framework. I ascribe this matter substantial weight. 19. As such, and bringing matters together, the adverse impacts of granting planning permission would, in this particular case, significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework taken as a whole. The proposal does not, therefore, benefit from the presumption in favour of sustainable development outlined at Framework paragraph 11. Conclusion 20.

Page 3 · Chunk 9 Appeal Decision

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — Appeal Decision My findings in respect of character and appearance bring the proposal into conflict with the development plan when taken as a whole and there are no material considerations, including the approach of the Framework, which would indicate a decision other than in accordance with the development plan. 21. For the reasons given above I conclude that the appeal should be dismissed.

Page 3 · Chunk 10 L Hughes

Land Adj. 24 Erlington Avenue,, Old Traffford, Manchester, M16 0FW — Trafford Metropolitan Borough Council — L Hughes INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶4

The inspector found that the proposed dwellings would have an appearance of notably different proportions not representative of the surrounding properties, and would look conspicuous in the street scene.

Character and appearance
Against appellant
¶7

The inspector found that the proposed dwellings would have considerably less space between them and the site boundaries than is typical for the locality, making them appear cramped and interrupting the pattern of the street scene.

Character and appearance
Against appellant
¶13

The inspector found that the proposal would conflict with the Council’s Planning Guidance and Policy L7 of the Trafford Local Plan, and would conflict with design objectives of the National Planning Policy Framework.

Planning obligations
For appellant
¶12

The inspector gave limited weight to the appellant's argument that the site would deteriorate further if residential use is not granted, as it has not been demonstrated that the proposal represents the only means of developing the site.

Affordable housing
Neutral
¶14

The inspector found that there have been no objections from statutory bodies, and the Council had no concerns regarding residential amenity or flooding.

Housing land supply
For appellant
¶16

The inspector found that the proposed development would contribute positively to the Council’s housing land supply, in an area of worsening affordability, and would be an efficient use of under-utilised land.

Flood risk
Neutral
¶14

The inspector found that there have been no objections from statutory bodies, and the Council had no concerns regarding residential amenity or flooding.

Ecology and biodiversity
Neutral
¶14

The inspector found that there have been no objections from statutory bodies, and the Council had no concerns regarding residential amenity or flooding.

Policies relied on

Reference Weight
Policy L7 of the Trafford Local Plan: Core Strategy (2012)
Substantial
Council’s Planning Guidance - New Residential Development (2004)
Substantial
National Planning Policy Framework
Substantial
Paragraph 11 d) ii) of the Framework
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 13 September 2023 under the Open Government Licence.