3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Site visit made on 12 September 2023 by O Marigold BSc DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 22 September 2023 Appeal Ref: APP/W3330/W/23/3318659 3 Greenway Terrace, Kingston St. Mary, Taunton TA2 8JJ • 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 Steven Wilkinson against the decision of Somerset West and Taunton Council. • The application Ref 20/21/0026, dated 6 August 2021, was refused by notice dated 23 January 2023. • The development proposed is erection of 1 No. single storey dwelling at 3 Greenway Terrace, Kingston St Mary. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have used the description of the proposal as set out in the Council's Decision Notice, which is more accurate and concise than that used in the planning application form. The appellant has used this revised description in the appeal form and so I am satisfied that no parties would be prejudiced by my using this description. Main Issues 3.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision The main issues are: • the effect of the proposal on the character and appearance of the area, including on the Quantock Hills Area of Outstanding Natural Beauty (AONB), within which the site lies, • the effect of the proposal on highway safety, • the effect of the proposal on the living conditions of occupiers of the adjacent gardens, with regard to outlook, light and privacy, and • whether the proposal would provide adequate living conditions for its future occupiers, with regard to the provision of outdoor space. Reasons Character and Appearance 4. Greenway Terrace consists of a single row of two-storey, brick, semi-detached and terraced dwellings. This row, together with its access road, are set well back from but parallel to the main road, Greenway. Properties on Greenway include post-war bungalows of modern construction and materials, and more traditional, brick or stone two-storey dwellings, together with a primary school. https://www.gov.uk/planning-inspectorate

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/23/3318659 5. The land between the two parallel roads slopes downwards towards Greenway. Once a field, it now consists of a row of long, narrow gardens, each in front of its respective dwelling on Greenway Terrace. The gardens generally have domestic planting and small-scale structures within them. As such, they are little developed, particularly at their ends, closest to Greenway. The appeal site consists of the end of one of these gardens, currently serving 3 Greenway Terrace (No 3). It is part-way along the row, with gardens either side of it. Tall, thick hedging and earth banking forms a green wall along much of the boundary between the gardens and Greenway. 6. These features mean that the area has strongly linear rows of built form, with largely soft and undeveloped green space between the rows, including the appeal site, which makes a small but positive contribution to the natural beauty of the AONB. The proposal seeks to sub-divide the site and erect a single storey dwelling, which would fill much of the width of the plot. Parking spaces would be located to the front of the dwelling. 7.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision The proposal would remove the roadside hedging and bank and replace it with the hard built form of the dwelling itself, together with its parking area and retaining walls. It would also be somewhat elevated when viewed from Greenway. This additional built form would result in the harmful urbanisation of the site and its surroundings, thus undermining and eroding the natural beauty of the AONB hereabouts. 8. Moreover, the proposal would be a single dwelling, with gardens either side of it and so it would not reflect the strongly linear pattern of its surroundings, including the bungalows opposite. Instead, it would appear oddly isolated and so out of place. The limited space around the footprint of the proposal means that it would appear cramped, in contrast to the more spacious layout of other dwellings locally. 9. The simple form of the proposed dwelling is intended to reflect the design of the post-war bungalows opposite the site. The external materials of render, painted blockwork, concrete tiles and uPVC fenestration are also intended to mimic these properties.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision However, these dwellings have no special architectural merit, and the fairly nondescript design and modern materials of the proposal would not result in a high standard of design. As such, neither its design nor its materials would reflect the distinctive elements of the rural vernacular locally. Regardless of changes that could be made to its design and materials, I have considered the proposal before me on its own merits. 10. The appellant states that the bank and hedging are collapsing and so need to be removed for safety reasons. However, this does not of itself provide sufficient reason to justify the development of the site as proposed or the harm that it would cause. For the above reasons, I consider that the proposal would harm the character and appearance of the area. Accordingly, it would be contrary to Policies DM1 and CP8 of the Taunton Deane Core Strategy (TDCS), adopted September 2012, which require that development causes no unacceptable harm to the character and appearance of the street scene, and conserves the natural environment. 11.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision The proposal would also conflict with Policy D7 of the Taunton Deane Site Allocations and Development Management Plan (SADM), adopted December 2016, which requires a high standard of design quality and sense of place, including reflection of the distinctive characteristics and materials of the area. https://www.gov.uk/planning-inspectorate 2

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision The proposal would also conflict with Policy D7 of the Taunton Deane Site Allocations and Development Management Plan (SADM), adopted December 2016, which requires a high standard of design quality and sense of place, including reflection of the distinctive characteristics and materials of the area. https://www.gov.uk/planning-inspectorate 2

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/23/3318659 For the same reasons, it would also conflict with the requirements of the National Planning Policy Framework (the Framework) to enhance the natural and local environment and to give great weight to conservation of the scenic beauty of the AONB. Highway safety 12. The proposal would be accessed directly off Greenway. The road has limited width and serves dwellings and the nearby school. The submitted plans show that car parking spaces would be provided within the site, in front of the dwelling. Although the appellant states that vehicle turning would be provided off-road, little if any space is proposed for this. Instead, the frontage area would be largely filled with the spaces themselves and bike and bin storage. As such, vehicles associated with the proposal would have to reverse either into or out of the site. 13. Railings may allow for a limited view of the highway for vehicle drivers using the site. The speed of vehicles passing the site may also be low. However, retaining walls are proposed on the boundaries of the site, with banks of land either side. These walls and the limited space within the site frontage would allow for little visibility of the road.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision As a result, vehicles reversing from the site would have to protrude some way into the carriageway to obtain sight of oncoming traffic, including pedestrians such as schoolchildren. Road users may not see such a vehicle leaving the site with sufficient time or distance to safely react to it, risking conflict. 14. Even if vehicles were to reverse into the spaces instead, this would require a reversing manoeuvre within the carriageway itself, which is inherently risky given the restricted visibility available to vehicle drivers. In either scenario, the proposed access arrangements would give rise to a very real potential for conflict with other road users on Greenway. Consequently, the proposal would have a harmful effect on highway safety. It would therefore conflict with TDCS Policy DM1, which requires that additional traffic arising from a proposal should not lead to road safety problems. It would also conflict with the requirement in the Framework for safe and suitable access. Living Conditions of neighbouring properties’ gardens 15. The proposal would be immediately adjacent to the existing gardens on three sides, including the remaining area of garden that would continue to serve No 3.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Windows are proposed to the sides and rear of the proposal, and it would result in a more intensive use of the site than at present. 16. However, no windows are proposed at first floor level. The appellant intends to erect solid wooden panel fencing on the site boundaries. I do not have precise details of the differing ground levels of the adjoining sites, but such fencing may well provide sufficient screening of the proposed ground floor windows and the more intensive comings and goings around the site. As such, undue overlooking or loss of privacy to the adjoining gardens could be avoided. 17. Even so, although a bungalow, the dwelling including its large roof would have a tall height. It would therefore result in additional built form of appreciable size, very close to the neighbouring gardens. Given this and the height and mass of the proposal and its close proximity, I consider that the proposal would https://www.gov.uk/planning-inspectorate 3

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/23/3318659 have a harmful dominating and overshadowing effect on the gardens serving numbers 1, 2 and 3 Greenway Terrace. 18. Consequently, although acceptable in respect of privacy, the proposal would have a harmful effect on the living conditions of occupiers of the adjacent gardens, with regard to outlook and light. It would therefore conflict with TDCS Policy DM1, and its requirement that the amenity areas of residential areas will not be unacceptably harmed. It would similarly conflict with the aim of the Framework for a high standard of amenity for existing users. Living Conditions of future Occupiers 19. The proposal is for a two-bedroom dwelling. There would be an amenity area to the front of the dwelling, but this would be small and not private. To the rear of the dwelling, a further outdoor amenity area is proposed. However, this would also be small and constrained by the position of the boundary with the remaining area of garden to No 3. The size of the amenity spaces is such that they would have limited practical usability. As a matter of planning judgement, I consider that the proposal would not provide sufficient outside amenity space for future occupiers of the proposal. 20.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Accordingly, it would not provide adequate living conditions for its future occupiers, with regard to the provision of outdoor space. As a result, it would conflict with SADM Policy D12, which requires a house of the size of the proposal to have a private garden of adequate proportions. For the same reasons, it would not accord with the requirement of the Framework for a high standard of amenity for future users. Other Considerations 21. Small sites such as the proposal can make an important contribution to meeting housing requirements and can be delivered quickly. Construction of the proposal may well free up the existing house for family accommodation, thus making a positive social and economic contribution to the area. However, these benefits would be restricted because of the small size of the proposal, for one unit of accommodation. I therefore give the benefits only limited weight. Reference has been made to earlier proposals in the local area for housing, but I have few details of these, so can give them very little weight. 22. The Council refers to the effect of paragraph 11(d) of the Framework, known as the tilted balance.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision This states that (amongst other things) where the policies which are most important for determining the application are out-of-date, planning permission should be granted unless the policies in the Framework that protect areas or assets of particular importance provide a clear reason for refusing the proposal. However, for the reasons already given, the policies in the Framework that protect the AONB provide a clear reason for refusing the proposal. It follows that the tilted balance contained in paragraph 11(d) of the Framework is not engaged. 23. The Council’s fourth reason for refusal refers to the effect of the proposal on the Somerset Levels and Moors Special Area of Conservation and Ramsar site (the SAC), because of increased phosphates. The SAC is protected pursuant to the Conservation of Habitats Regulations 2017 (as amended). Had I found no harm in respect of other matters, as competent authority I would have carried out an Appropriate Assessment in respect of the potential effects of the https://www.gov.uk/planning-inspectorate 4

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — Appeal Decision Appeal Decision APP/W3330/W/23/3318659 proposal on the SAC. However, as I have found against the proposal on other substantive grounds, this matter need not be considered any further. Planning Balance and Conclusion 24. For the reasons already given, I have found that the proposal conflicts with the Development Plan, read as a whole. Having considered this and all other relevant material considerations, including the Framework, I conclude that the appeal should be dismissed.

3 Greenway Terrace, Kingston St. Mary, TAUNTON, TA2 8JJ — Somerset West and Taunton * — O Marigold INSPECTOR https://www.gov.uk/planning-inspectorate 5