Case 3320415

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN

Bedford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
20 October 2023
Authority
Bedford Borough Council
Inspector
Benson E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr R Mattu
LPA reference
23/00210/COU
ONS LPA code
E06000055
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 July 2023

Summary AI

The appeal for a change of use from a nail salon to a residential flat was dismissed due to concerns over the internal living conditions, including the lack of outlook from the bedroom and inadequate ventilation and storage.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Appeal Decision Site visit made on 1 October 2023 by Elaine Benson BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date:20.10.2023 Appeal Ref: APP/K0235/W/23/3320415 2c Cleveland Street, Kempston Bedford MK42 8DN • 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 R Mattu against the decision of Bedford Borough Council. • The application Ref 23/00210/COU, dated 27 January 2023, was refused by notice dated 23 March 2023. • The development proposed is change of use from Nail Salon (Sui-Generis) to Residential Flat (C3). Decision 1. The appeal is dismissed. Reasons 2. The bedroom for the proposed flat would have a roof light and no other window. Thus, there would be no outlook. I consider that this would result in an oppressive living environment. Even if the rooflight were to be modernised, there would be inadequate living conditions, particularly as this would be the only bedroom in a self-contained unit. This would be the case whether or not adequate levels of light and ventilation could be achieved. Attic conversions in houses cannot reasonably be compared to a proposal for a new self-contained unit.

Page 1 · Chunk 1 Appeal Decision

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Appeal Decision The absence of light pollution and traffic noise to the proposed rear bedroom do not affect these conclusions. 3. The internal floor area of the proposed flat would exceed the minimum requirements of the 'Technical housing standards - nationally described space standards' (March 2015) by 11 sqm. Whilst these standards also require a minimum of 1 sqm built-in storage which would not be provided, it is also necessary to consider the proposed internal arrangement of the flat. There would be a very small kitchen and the flat would have an internal bicycle and bin store for general and recycling waste. Considering these factors together, it is my judgement that the layout of the flat would be unacceptably cramped. 4. I am informed that the waste would only be collected every 2 weeks. The use of a small, enclosed and unventilated space at the entrance in this way would harm the living conditions of the occupier due to odours and could potentially harm their health. For the same reasons this refuse storage arrangement would also harm the living conditions of the occupiers of the neighbouring flat - 2B Cleveland Street which is adjacent to and beneath the proposed flat. 5.

Page 1 · Chunk 2 Appeal Decision

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Appeal Decision I conclude overall that the proposal would provide poor quality internal living conditions due to the lack of outlook from the bedroom, the cramped nature of https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Appeal Decision I conclude overall that the proposal would provide poor quality internal living conditions due to the lack of outlook from the bedroom, the cramped nature of https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/23/3320415 the unit and the use of an internal entrance lobby as a bicycle and bin store. Odour from the internal bin store would harm the living conditions and potentially the health and wellbeing of the occupant of the appeal unit and those of a neighbouring property. 6. Accordingly, the proposed development is contrary to Policy 2S (iii), Policies 31 and 32 (i), (iv) and (v) of the Bedford Borough Local Plan 2030 (BBLP) which, of relevance to this appeal, address matters such as design and potential disturbance from noise, smell, pollution and waste storage and collection. There would be further conflict with Policy 2 of the BBLP which aims to reduce health inequalities and promote healthier lifestyles. Its criterion iii. specifically requires development to be designed in a way to promote health and safety. For the same reasons, the proposal would be counter to the aims of Paragraph 130 (f) of the National Planning Policy Framework which requires development to promote health and wellbeing and to promote a high standard of amenity for existing and future users. 7. For the foregoing reasons, the appeal is dismissed.

Page 2 · Chunk 5 Elaine Benson

2C Cleveland Street, Kempston, BEDFORD, MK42 8DN — Bedford Borough Council — Elaine Benson 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

Living conditions
Against appellant
¶2

The absence of a window in the bedroom would result in an oppressive living environment, regardless of the quality of the roof light.

Living conditions
Against appellant
¶3

The internal floor area of the proposed flat would exceed the minimum requirements, but the layout would be unacceptably cramped due to a small kitchen and lack of built-in storage.

Living conditions
Against appellant
¶4

The use of a small, enclosed and unventilated space for refuse storage would harm the living conditions of the occupier due to odours and potentially harm their health.

Living conditions
Against appellant
¶5

The proposal would provide poor quality internal living conditions due to the lack of outlook from the bedroom, the cramped nature of the unit, and the use of an internal entrance lobby as a bicycle and bin store.

Planning obligations
Against appellant
¶6

The proposal would conflict with Policies 31 and 32 (i), (iv) and (v) of the Bedford Borough Local Plan 2030 and Paragraph 130 (f) of the National Planning Policy Framework due to inadequate waste storage and collection.

Policies relied on

Reference Weight
Policy 2S (iii), Policies 31 and 32 (i), (iv) and (v) of the Bedford Borough Local Plan 2030
Determinative
Paragraph 130 (f) of the National Planning Policy Framework
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 20 October 2023 under the Open Government Licence.