Case 3329720

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX

Isle of Wight Council — appeal allowed

Outcome
Allowed
Decision date
10 April 2024
Authority
Isle of Wight Council
Inspector
Andrews M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr & Mrs Daniel Rayner
LPA reference
22/01736/FUL
ONS LPA code
E06000046
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 December 2023

Summary AI

The appeal for a replacement dwelling and garage in Bonchurch Shute was dismissed due to concerns over the development's impact on the character and appearance of the area, including the setting of the adjacent Bonchurch Conservation Area. The proposed dwelling would be too large and dominant, with a design that would not be in keeping with the surrounding properties. The inspector also considered the potential for the sun's reflection to be seen from afar and the effect of the new building on the adjacent property's land stability.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision Site visit made on 14 March 2024 by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date:10.04.2024 Appeal Ref: APP/P2114/W/23/3329720 Ramblers, Bonchurch Shute, Ventnor PO38 1NX • 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 & Mrs Daniel Rayner against the decision of the Isle of Wight Council. • The application, Ref. 22/01736/FUL, dated 27 September 2022 was refused by notice dated 2 June 2023. • The development proposed is a replacement dwelling and garage. Decision 1. The appeal is dismissed Main Issues 2. The main issues are (i) the effect of the development on the character and appearance of the site’s surroundings including the setting of the adjacent Bonchurch Conservation Area (‘the CA’), and (ii) whether the position, scale and design would be unneighbourly to surrounding properties. I consider that there is an overlap of these issues such that they can reasonably be considered together. Reasons 3.

Page 1 · Chunk 1 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision The proposed development is on a site that forms part of a linear development of detached dwellings of varied appearance on the southern side of Bonchurch Shute. This is a narrow residential road sloping down from the northeast to the southwest which has a verdant character and attractive dwarf stone walls in the vicinity of the appeal site and along a significant stretch of the road to the southwest. 4. The more immediate context of the site is Whitegates to the northeast, adjacent to the road and Hollowdare to the southwest, but sufficiently set down the cliff slope to a position largely hidden from Bonchurch Shute. The former is an attractive stone-built dwelling of traditional design as befits its late C19th origins and of sufficient merit to be included in the CA. Hollowdare is more modern in appearance and typical of the 1970s, when it was built as one of a matching pair with the appeal site dwelling (the latter demolished in 2015 because of land instability). Both the appeal site and Hollowdare are outside the CA.

Page 2 · Chunk 2 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision Appeal Decision Ref. APP/P2114/W/23/3329720 5. Having regard to the planning history, the site’s location and its immediate setting I consider that the principle of a replacement dwelling is acceptable and that either a contemporary or more traditional design could be accommodated without causing harm to the surroundings. However, there is a significant constraint as regards scale in that, as shown on the red edged OS Location Plan, although the appeal site’s frontage to the road and its seaward boundary are respectively narrower and wider than at Hollowdare, the flank-to-flank site widths in the areas of the former building/building are essentially the same. And whilst Hollowdare may have had some subsequent additions, as existing the dwelling essentially fills most of its plot width. 6. Bearing this in mind, the proposed replacement dwelling at Ramblers would be a much larger building than its neighbour and with its increased height at three storeys would be seen as two storeys from the road compared to at most only glimpses of Hollowdare.

Page 2 · Chunk 3 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision With roughly the same plot-width as Hollowdare where the new building is proposed, when seen from Bonchurch Shute without sight of the ground floor, the large gable comprising the upper part of the front elevation would draw the eye and may well be perceived as an incongruous element. Even just these upper parts of the front elevation would appear as bulky and overly dominant in relation to both its site and its setting in this stretch of the road. 7. This harmful appearance would be compounded by a design that lies somewhere between traditional and contemporary rather than one or the other, but in any event too featureless to relieve the substantial mass or add quality and interest. The appearance of all four elevations would in my view be not so much of a commercial style as the Council alleges, but with only minor alterations to its fenestration could easily be read as being a block of flats. As a result, the building would be seen as being out of keeping with the character and appearance of the road, notwithstanding that in itself this is varied. Furthermore, the flank elevation facing Hollowdare would be unduly imposing, giving a sense of domination and enclosure from the garden and lower driveway of that dwelling.

Page 2 · Chunk 4 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision 8. As regards the rear elevation, the need for the building’s design to make the most of the seaward views is understandable. However, the quantity of glazing, overall but especially on the top floor, would in my view be such as to significantly diminish the design quality of a building that would be on a site within the immediate setting of the CA. 9. In this context I have not been advised of the extent, if any, of longer distance views of the appeal site from vantage points along this stretch of the Island’s coastline. However, with the size of the building and the amount of glazing proposed, I consider it likely that there would be significant potential for the sun’s reflection to be seen from afar and thereby at times comprise an unwelcome intrusion into this attractive coastal environment. 10. The grounds of appeal refer to the fact that the application was validated on 6 October 2022 and that no response from the Council was received until 23 February 2023. The appellant then co-operated with the Council in amending the scheme, including a reduction in the building’s height and glazing, and on 31 March 2023 the case officer acknowledged that the amendments proposed were an improvement.

Page 2 · Chunk 5 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision There were further negotiations up until the day before 2

Page 2 · Chunk 6 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision There were further negotiations up until the day before 2 Appeal Decision Ref. APP/P2114/W/23/3329720 the Notice of Refusal was issued and this period also saw a change of case officer. Clearly this has been frustrating for the appellant and his agent. 11. However, whilst I accept that the Council’s timeliness in its handling of the application was unsatisfactory, I am unable to allow this to alter my finding that, in combination, the size and design of the proposed dwelling would be such that it would impose itself on the verdant landscape of Bonchurch Shute rather than be comfortably accommodated within it. In addition, the outlook from the existing dwelling of Hollowdare would be dominated by the flank of the dwelling. 12. Accordingly, I conclude on the main issue that the proposal would have an unacceptable impact on the character and appearance of the area including the setting of the CA. The development would therefore be in harmful conflict with Policies DM2 & DM11 of the Island Plan’s Core Strategy 2012 and with Government policy in Section 12: ‘Achieving Well-Designed and Beautiful Places’ of the National Planning Policy Framework December 2023 (‘the Framework’). Other Matter 13.

Page 3 · Chunk 7 Appeal Decision

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Appeal Decision The matter of the effect of a new building in an area of land that is progressively unstable is of concern, particularly to occupiers of Hollowdare who fear that its construction would make matters worse for their property. In the event that the appeal had been allowed, the Council has suggested a condition to preclude any adverse effect on land stability as a result of the development. 14. However, the Council has also submitted their Statement of Case in this appeal which sets out recent events, including the nearby landslips of December 2023 and their actual and potentially additional consequences. It is therefore of paramount importance that any new proposal following my dismissal of this appeal demonstrates full cognisance of these ongoing local circumstances and is consistent with Government policy on land stability in paragraphs 189 & 190 of the Framework. As regards paragraph 190, it is clearly incumbent on the applicant to ensure that a safe development applies not only to the site itself but also to adjacent properties. Conclusion 15. For the reasons explained and having had regard to all other matters raised, the appeal is dismissed.

Page 3 · Chunk 8 Martin Andrews

Ramblers, Bonchurch Shute, Bonchurch Ventnor , Isle of Wight, PO38 1NX — Isle of Wight Council — Martin Andrews INSPECTOR 3

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

Main issues and findings

Character and appearance
Against appellant
¶3

The proposed development would be too large and dominant, with a design that would not be in keeping with the surrounding properties.

Living conditions
Against appellant
¶11

The outlook from the existing dwelling of Hollowdare would be dominated by the flank of the dwelling.

Heritage impact
Against appellant
¶12

The development would have an unacceptable impact on the character and appearance of the area including the setting of the Bonchurch Conservation Area.

Policies relied on

Reference Weight
DM2 & DM11 of the Island Plan’s Core Strategy 2012 and Section 12: ‘Achieving Well-Designed and Beautiful Places’ of the
Determinative

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 10 April 2024 under the Open Government Licence.