Case 3319972

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL

Buckinghamshire Council - Wycombe Area * — appeal dismissed

Outcome
Dismissed
Decision date
19 October 2023
Authority
Buckinghamshire Council - Wycombe Area *
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr T Hine
LPA reference
22/08026/FUL
ONS LPA code
E07000007
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 July 2023

Summary AI

The appeal for a single-storey detached dwelling house at 50 Fernie Fields, High Wycombe, was dismissed due to concerns over the impact on the character and appearance of the area, and the living conditions of the occupiers of Conifers. The proposal was also found to be contrary to policies in the Wycombe District Local Plan and the Council's Residential Design Guide. No information was provided to show that the proposal would not have a detrimental effect on biodiversity and green infrastructure, as required by policy DM34 of the LP.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision Site visit made on 26 September 2023 by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 19th October 2023 Appeal Ref: APP/K0425/W/23/3319972 50 Fernie Fields, High Wycombe, Buckinghamshire HP12 4SL • 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 T Hine against the decision of Buckinghamshire Council. • The application Ref 22/08026/FUL, dated 9 November 2022, was refused by notice dated 25 January 2023. • The development proposed is erection of 1 x 5 bedroom dwelling house. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the development on: • the character and appearance of the area, • the living conditions of the occupiers of Conifers with particular regard to privacy, sunlight and outlook, and; • biodiversity and green infrastructure. Reasons Character and appearance 3. 50 Fernie Fields (No 50) is a detached L-shaped bungalow located in a large, irregular shaped plot.

Page 1 · Chunk 1 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision No 50 is located to the rear of Nos 44 to 48 Fernie Fields which are a row of terraced houses and the appeal site is accessed from a driveway to the side of No 48 Fernie Fields. 4. To the west of the appeal site, houses are mostly detached, single storey and set back from the road with front gardens and driveways. To the east of the appeal site, houses are mostly two storey, terraced and also maintain set back distances which are mostly open front gardens. The set back distances and front gardens, combined with the general well vegetated streets gives the area a spacious and leafy character and appearance. 5. The proposal seeks to erect a dwelling to the side of No 50, the size, shape and materials of which would be similar to the existing dwelling. However, the overall size of the proposal would mean that much of the plots width would be taken up by built form with very little space left between the proposal and No 50 as well as the site boundaries. The proposal, in particular the rear projection, would be most visible from the landscaped frontages of the houses on Ash Road, particularly between No’s 16 and 18. The overall result would be https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision Appeal Decision APP/K0425/W/23/3319972 intrusive and cramped development that would erode the spacious character and appearance of the area. 6. I therefore conclude that the proposal would harm the character and appearance of the area. It would be contrary to policies CP9 and DM35 of the Wycombe District Local Plan Adopted August 2019 (LP). Amongst other things, these policies seek to ensure development takes the opportunities available for improving the character and quality of an area. 7. The proposal would also be contrary to guidance contained within the Councils Residential Design Guide. Living conditions 8. Conifers is a detached bungalow located within a small plot and its side gable wall faces towards the rear of the appeal site. The small rear garden of Conifers also abuts the boundary of the appeal site. 9. The proposed L-shape of the dwelling would mean that the gabled rear projection would extend towards Conifers and be close to its side gable. This rear projection, due to its closeness and overall scale would be visible from the garden of Conifers and result in an overbearing feature that would be harmful to the outlook for the occupiers. 10.

Page 2 · Chunk 3 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision The proposal includes windows at the first floor that serve a bedroom and would be located on the gables rear projection that extends towards Conifers. While I note that the Council have no specific guidance on separation distances between a habitable window and flank elevation, the close distance would allow for some direct overlooking of the rear garden of Conifers. I therefore find that the proposal would result in unacceptable overlooking that would be harmful to the privacy of the occupiers of Conifers. 11. While there is currently no built form in the location of the proposed dwelling, the site is located behind a row of terraced houses. Therefore, sunlight will already be interrupted, which due to the height of the proposal would unlikely alter and therefore not result in an unacceptable loss of sunlight for the occupiers of Conifers. 12. Notwithstanding my findings on sunlight, I conclude that the proposal would unacceptably harm the living conditions of the occupiers of Conifers in relation to outlook and privacy. It would be contrary to policy DM35 of the LP which amongst other things, seeks to ensure development prevents significant adverse impacts on the amenities of neighbouring land and property. 13.

Page 2 · Chunk 4 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision The proposal would also be contrary to guidance contained within the Councils Residential Design Guide. Biodiversity and green infrastructure 14. The Council, through policy DM34 of the LP, seeks to ensure that development makes provision and demonstrates that existing green infrastructure and biodiversity assets will be maximised; Opportunities to enhance existing and provide new green infrastructure and biodiversity assets will be maximised and development will deliver long lasting measurable net gains in biodiversity. 15. The Council’s Biodiversity Net Gain - Supplementary Planning Document (SPD) also provides guidance which includes ensuring planning applicants follow the https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 5 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision The proposal would also be contrary to guidance contained within the Councils Residential Design Guide. Biodiversity and green infrastructure 14. The Council, through policy DM34 of the LP, seeks to ensure that development makes provision and demonstrates that existing green infrastructure and biodiversity assets will be maximised; Opportunities to enhance existing and provide new green infrastructure and biodiversity assets will be maximised and development will deliver long lasting measurable net gains in biodiversity. 15. The Council’s Biodiversity Net Gain - Supplementary Planning Document (SPD) also provides guidance which includes ensuring planning applicants follow the https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision Appeal Decision APP/K0425/W/23/3319972 national requirement to ensure their development would result in a biodiversity net gain and a Buckinghamshire process for achieving biodiversity should that net gain not be achievable on site. 16. No information has been provided with the application or appeal as to whether the proposal is capable of delivering the aims of this policy or guidance contained within the SPD. 17. I note the appellant’s suggestion that conditions could be imposed to secure these details, however, there should be some information presented to show that these aims are capable of being delivered on site in order to form the basis of any such conditions. 18. Therefore, in the absence of these details I am not satisfied that the proposal would not have a detrimental effect on biodiversity and green infrastructure. It would therefore be contrary to policy DM34 of the LP. 19. The proposal would also be contrary to guidance contained within the Councils SPD. Other Matters 20. I note the previous appeal decision1 and while it relates to the same site, the proposal was for two semi-detached houses which differs from the proposal in this appeal that relates to one, detached house.

Page 3 · Chunk 7 Appeal Decision

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — Appeal Decision I have therefore had limited regard to this appeal decision in reaching my conclusion. 21. I acknowledge that the proposal would have social and economic benefits however these do not outweigh the harm I have identified. Conclusion 22. For the reasons set out above, having had regard to the development plan read as a whole, and all other material considerations, I conclude that the appeal should be dismissed.

Page 3 · Chunk 8 D Wilson

50 Fernie Fields, High Wycombe, Buckinghamshire, HP12 4SL — Buckinghamshire Council - Wycombe Area * — D Wilson INSPECTOR 1 APP/K0425/W/21/3289852 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 proposal would result in an intrusive and cramped development that would erode the spacious character and appearance of the area, contrary to policies CP9 and DM35 of the Wycombe District Local Plan.

Living conditions
Against appellant
¶10

The proposal would result in an overbearing feature that would be harmful to the outlook and privacy of the occupiers of Conifers, contrary to policy DM35 of the LP and the Council's Residential Design Guide.

Other
Against appellant
¶18

No information was provided to show that the proposal would not have a detrimental effect on biodiversity and green infrastructure, as required by policy DM34 of the LP.

Policies relied on

Reference Weight
NPPF 208
Substantial
Local Plan CP9
Substantial
Local Plan DM34
Substantial
Local Plan DM35
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 19 October 2023 under the Open Government Licence.