Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision Site visit made on 22 April 2024 by P Terceiro BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 14 June 2024 Appeal Ref: APP/L2250/W/23/3330506 Land to the west of 10 Gainsborough Close, Cheriton CT19 5NB • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr L McArdle against the decision of Folkestone and Hythe District Council. • The application Ref is 22/1501/FH. • The development proposed is the construction of a detached two storey, three bedroom house. Decision 1. The appeal is dismissed. Application for Costs 2. An application for costs was made by Mr L McArdle against Folkestone and Hythe District Council. This application is the subject of a separate Decision. Preliminary Matters 3. Whilst the appellant has suggested some changes to the scheme, I do not have any plans to their effect before me. I have therefore, with fairness in mind, determined the appeal on the basis of the plans considered by the Council in its decision.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision I have also taken the revised National Planning Policy Framework (the Framework) into account since the main parties have had the opportunity to comment on it. Main Issue 4. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 5. The appeal site is part of a residential development which is laid in a regular pattern, whereby the dwellings have their walled rear gardens and rear garages facing the cul-de-sacs and their front elevations facing open green spaces. Garage buildings are located at the end of the turning areas within the cul-de-sacs. The plots are occupied by large semi-detached or terraced houses which display a similar barn roof design and materials. Though some dwellings have been extended over time, there remains an orderly, predominantly uniform layout. The site is adjacent to Pent Stream, beyond which the development has a strong linear pattern. https://www.gov.uk/planning-inspectorate

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3330506 6. The appeal site is an irregular shaped parcel of land which contains a mix of trees, shrubs and other vegetation, so it has a leafy and verdant character. In this context, while not subject to any specific designation, the site provides a visual break in the built-up environment and makes an important contribution to soften the otherwise hard, urban character of the cul-de-sac. 7. The appeal scheme would introduce a detached dwelling into the site, markedly at odds with the surrounding regular pattern of development. Notwithstanding its quality, a significant amount of vegetation would be lost to the proposed development, thereby eroding the contribution that the site makes to the area. Consequently, the street scene would appear dominated by built form. A landscaping scheme including the provision of planting beds, native tree species and hedgerows could be secured by planning condition, but this would not successfully mitigate the above harm. 8. The dwelling would be in a prominent location close to the footpath. Due to the constrained size and shape of the site, it would display a piecemeal form, with a more modest scale and lower ridge line than the surrounding development.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision The dwelling’s subservience would markedly contrast with the larger dwellings in the vicinity, therefore failing to successfully integrate into the street scene. 9. The dwelling’s design would draw on some features common on surrounding properties and there would be some elements of interest on its public elevations including a dormer feature and setbacks. However, these elevations would have a large expanse of blank brickwork, which would fail to create active frontages that would provide visual interest to the street scene. Whereas some nearby properties have similar, in general the surrounding public elevations are active with windows that maintain balance. As such, the dwelling would appear incongruous in its receiving environment. 10. The trees closer to Cherry Garden Avenue would remain following development and the proposed footprint coverage of the plot would be less than the surrounding development. However, this would not justify eroding the contribution that the site makes to the street scene in terms of providing a vegetative break to the built-up environment. 11. While some of the cited schemes may be larger than the proposal, I do not have full details of the circumstances that led to them being accepted.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision Similarly, I have very limited information regarding the development approved at Darnley Close. Consequently, I cannot conclude that they provide a direct enough parallel to the appeal proposal, including in respect of development plan policy. The parcel of land on Burton Close where a pair of dwellings has been erected is larger than the site and the dwellings are of a similar design to those across the estate. This would not therefore justify the proposed development. 12. For the above reasons, the proposal would have a harmful effect on the character and appearance of the area, in conflict with Policy HB1 of the Folkestone & Hythe District Places and Policies Local Plan 2020 (PLP). This policy supports development that makes a positive contribution to its location and surroundings, while also respecting existing buildings. Furthermore, it would not accord with the Framework, where it seeks to ensure development is sympathetic to local character. https://www.gov.uk/planning-inspectorate 2

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3330506 Other Matters 13. Whilst the site has been used by dogwalkers and subject to some antisocial behaviour which may require address, I remain to be convinced that the appeal scheme is the only means of doing so. The same could be said of the benefits of releasing a six bedroom house to the open market as a result of the scheme’s implementation. In addition, it may be that the land benefits from rights to erect certain buildings or provide certain uses under the permitted development regime. However, no substantive evidence has been provided of what could be achieved or that the appellant would seek to use these rights and to what extent. As such, this has limited influence on this appeal. Planning Balance and Conclusion 14. The proposal would be acceptable in relation to other matters, including living conditions of adjoining neighbours, quality of accommodation provided and flooding. However, these are neutral factors that neither weigh for or against the development. 15.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision I have had due regard to the Public Sector Equality Duty contained in section 149 of the Equality Act 2010, which sets out the need to eliminate unlawful discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between people who share a protected characteristic and people who do not share it. The Act sets out the relevant protected characteristics which includes disability. I have also had regard to rights conveyed within the Human Rights Act. As the evidence indicates that my decision could have an adverse impact on the appellant’s child, rights under Article 8 are engaged, including the Article 3(1) rights of the children, and the best interests of the child are a primary consideration. 16. In this case, the best interests of the child would be to have a comfortable, safe and purpose designed living environment, as well as a sensory garden. Furthermore, the proposal would enable the appellant and their family to continue to live in familiar surroundings. However, in the absence of compelling evidence to demonstrate that this proposal is the sole means to achieve this, I give moderate weight to the child’s best interests.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision I have kept such interests at the forefront of my mind, and assessed whether an adverse impact of any decision on the interests of the child is justified and proportionate. 17. In weighing the personal circumstances in this balance, this has to be considered against the harm associated with the proposal. I have found that the proposal would cause material harm to the character and appearance of the area, in conflict with Policy HB1 of the PLP. This carries significant weight against the proposal. 18. In terms of benefits, the proposal would contribute towards the mix of housing types for the local community and would support the Government’s objective of significantly boosting the supply of homes. Further, an energy-efficient home constructed with recycled materials would be delivered within an urban area, in a location accessible by public transport and close to local services, facilities and recreational areas. The site is a small one so the development could be delivered quickly. The proposal would offer biodiversity enhancements and improve the quality of the planting on site. There would be some economic benefits accrued from the construction process, as well as longer term expenditure in the local economy.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision The self-build nature of the scheme would https://www.gov.uk/planning-inspectorate 3

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision The self-build nature of the scheme would https://www.gov.uk/planning-inspectorate 3

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/23/3330506 help to meet the demand for this type of housing within the Borough. These benefits attract moderate weight in favour of the appeal proposal. 19. Given the weight I have afforded to these matters, including the interests of the child, it seems sufficiently clear that they do not outweigh the harm to the character and appearance of the area that I have identified. My actions in this respect, and my decision therefore on the appeal, are a proportionate response to the requirements of the Act and those of the plan led system. 20. Dismissing the appeal would interfere with the appellant’s rights under Article 8, since the consequence might be that their family home would not be constructed in this location. This is a qualified right, whereby interference may be justified in the public interest, but the concept of proportionality is crucial. 21. However, the interference would be in accordance with the law and in pursuance of a legitimate aim which is the regulation of the development of land in the public interest through the planning process. Given the circumstances overall, I find that dismissal of the appeal is both proportionate and necessary. 22.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — Appeal Decision The proposal would conflict with the development plan read as a whole and there are no material considerations of sufficient weight to justify a decision otherwise than in accordance with it. Therefore, the appeal is dismissed.

Land to the west of 10 Gainsborough Close, Cheriton, Folkestone, Kent , CT19 5NB — Folkestone and Hythe District Council — P Terceiro INSPECTOR https://www.gov.uk/planning-inspectorate 4