Case 3323776

Land at Davenham Close, Plymouth, PL6 6BT

Plymouth City Council — appeal dismissed

Outcome
Dismissed
Decision date
9 January 2024
Authority
Plymouth City Council
Inspector
Hills J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Minor Dwellings
Appellant
Mr and Mrs Himanshu Sharma
LPA reference
23/00002/OUT
ONS LPA code
E06000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 September 2023

Summary AI

The appeal for outline planning permission to build a one-bedroom dwelling was dismissed due to concerns about the impact on the character and appearance of the area. The inspector considered the development would harm the integration and functionality of space between the urban and natural environment, and fail to improve the quality of the built environment.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — Appeal Decision Site visit made on 3 January 2024 by J Hills MRTPI an Inspector appointed by the Secretary of State Decision date: 9th January 2024 Appeal Ref: APP/N1160/W/23/3323776 Land at Davenham Close, Plymouth PL6 6BT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr & Mrs Himanshu Sharma against the decision of Plymouth City Council. • The application Ref 23/00002/OUT, dated 3 January 2023, was refused by notice dated 11 April 2023. • The development proposed is erection of split level one bedroom dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have taken the address from the Council’s decision notice as the application form is left blank. The appellant’s appeal form references a similar address to that shown on the decision notice and therefore none of the main parties would be prejudiced by me using this. 3. The appeal is made in outline with all matters reserved for later consideration. I have therefore taken any indication of reserved matters shown on the submitted drawings to be illustrative. 4.

Page 1 · Chunk 1 Appeal Decision

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — Appeal Decision The National Planning Policy Framework (the Framework) was revised on 19 December 2023 and is a material consideration in planning decisions. Having regard to the matters that are most relevant to this appeal, there have been few substantive changes albeit that the numbering of paragraphs has changed. Hence, I am satisfied that no one will be prejudiced by the changes to the national policy context. Main Issue 5. The main issue is the effect of the proposal on the character and appearance of the area. Reasons 6. The appeal site adjoins public footpaths and comprises a small parcel of grassed space on steeply sloping ground that is part of a gap in built form at the end of a cul-de-sac. This gap is similar to other undeveloped green spaces nearby that provide welcoming and rare breaks amongst a predominantly built up urban environment. Although there are other properties close to the footpaths, the appeal site and its surroundings make an effective use of land by defining the entranceway to these routes. Despite not being classified as formal public open space, the appeal site nevertheless provides an attractive outlook https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — Appeal Decision Appeal Decision APP/N1160/W/23/3323776 from the residential street towards the adjoining woodland. Therefore, the appeal site is not under-utilised land that paragraph 124 of the Framework supports the development of. 7. Natural surveillance from an additional property and footpath connectivity could be maintained by the scheme. Notwithstanding representations made in respect of the indicative layout, the proposed development would provide a sustainably located property with sufficient space available for necessary parking and gardens. In that context, it is conceivable that appropriate boundary treatment could be progressed at reserved matters. 8. However, a property in this location would substantially enclose the gap between buildings. This would create an uncharacteristically cramped and hard urban edge to the pattern of local development that would restrict welcoming views into and from the adjoining footpaths and woodland. Moreover, it would harmfully erode the integration and functionality of space between the urban and natural environment.

Page 2 · Chunk 3 Appeal Decision

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — Appeal Decision Consequently, the scheme would fail to improve the quality of the built environment as promoted within policies DEV10 and DEV20 of the Plymouth & South West Devon Joint Local Plan 2014-2034, March 2019 (JLP) and guidance contained within the Council’s JLP Supplementary Planning Document, July 2020 (SPD). 9. Therefore, the proposal would cause harm to the character and appearance of the area. As such, it would be in conflict with policies DEV10 and DEV20 of the JLP and the Council’s SPD. There would also be conflict with paragraph 135 of the Framework which, amongst other things, says decisions should ensure developments maintain a strong sense of place, using the arrangement of spaces to create attractive, welcoming and distinctive places to live. Other Matters 10. I have had regard to other matters raised including air, land and noise pollution; difficulties of access for construction and existing parking arrangements; sewerage pipes and drainage; street lighting; and living conditions. However, as I am dismissing the appeal on the main issue for the reasons given above, I have not pursued these matters further. Conclusion 11.

Page 2 · Chunk 4 Appeal Decision

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — Appeal Decision For the reasons above, and taking into account all other matters raised, I conclude that the proposed development would fail to accord with the development plan as a whole and there are no considerations individually or cumulatively that outweigh this. Therefore, the appeal is dismissed.

Page 2 · Chunk 5 J Hills

Land at Davenham Close, Plymouth, PL6 6BT — Plymouth City Council — J Hills 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

Character and appearance
Against appellant
¶9

The proposed development would create an uncharacteristically cramped and hard urban edge, harming the integration and functionality of space between the urban and natural environment.

Living conditions
Neutral
¶10

The inspector noted other matters raised, but did not pursue them further as the appeal was dismissed on the main issue.

Policies relied on

Reference Weight
DEV10, DEV20 (Plymouth & South West Devon Joint Local Plan 2014-2034), paragraph 135 (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 9 January 2024 under the Open Government Licence.