Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision Site visit made on 5 March 2024 by C Shearing BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 13th March 2024 Appeal Ref: APP/K0425/W/23/3331085 Nelson Court, Nelson Close, High Wycombe, Buckinghamshire HP13 7NY • 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 Elawadi of Calliari Property Ltd against the decision of Buckinghamshire Council (Wycombe Area). • The application Ref is 23/05549/FUL. • The development proposed is described as ‘erection of three one bed with study terraced dwellings, with a surface parking space each and 5 relocated parking spaces to Nelsons Court’. Decision 1. The appeal is dismissed. Preliminary Matter

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision | During the course of the appeal the revised National Planning Policy Framework | | --- | | (the Framework) was published. There are no substantive changes relevant to | | the appeal before me and therefore no interested parties would be prejudiced | | by my consideration of the 2023 version of the Framework. |

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision | During the course of the appeal the revised National Planning Policy Framework | | --- | | (the Framework) was published. There are no substantive changes relevant to | | the appeal before me and therefore no interested parties would be prejudiced | | by my consideration of the 2023 version of the Framework. |

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision by my consideration of the 2023 version of the Framework. Main Issues 3. The main issues are the effect of the proposal on: (i) the character and appearance of the area, and (ii) the living conditions of occupants of Nelson Court with regard to communal amenity space. Reasons Character and Appearance 4. The southern side of Guinions Road is characterised by predominantly two storey semi detached houses with long gardens extending to the rear. In contrast, Nelson Close displays a more dense pattern of development, including groups of semi detached and terraced houses, generally on smaller sized plots. The depths of the gardens on Guinions Road are particularly apparent at its junction with Nelson Close, where the open spaces of the appeal site and the garden of no.52, albeit enclosed with fencing, contribute to the appreciation of the more spacious character of the Guinions Road properties. These spaces also provide visual separation between the contrasting developments of the two roads. While the appeal site is somewhat of an anomaly being unenclosed, it nonetheless contributes positively to the established character on the southern side of Guinions Road. https://www.gov.uk/planning-inspectorate

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision Appeal Decision APP/K0425/W/23/3331085 5. The proposal would entail the loss of the open nature of the site and a reduction in the depth of the open space behind Nelson Court, reducing the appreciation of the plot depth and substantially narrowing the gap between the distinct developments on the two roads. As such, harm would occur to the character and appearance of the area and the proposal would not comply with Policy DM35 of the Wycombe District Local Plan 2019 (the LP), which states that all development is required to improve the character of the area and the way it functions, and respond to existing positive characteristics. Living Conditions 6. Nelson Court contains four flats without any individual private outdoor space which are reliant instead on communal areas around the building. The proposal would result in a significant reduction in the size of the communal garden space available to those occupants. While that garden space is unenclosed and includes a gravel parking area and bins, third party representations suggest the space is sometimes well used, including by families with children, and makes an important contribution to the living conditions of those occupants of Nelson Court. 7.

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision The proposal could deliver enhancements to the remaining space, including new planting, increased enclosure and a patio area. However, its users would be very close to the proposed bin stores and the ground floor windows of the building. In combination with its substantially reduced size, the communal space would be heavily compromised. As a consequence the proposal would have unacceptable effects on the living conditions of the occupants of Nelson Court. The proposal would conflict with LP Policy DM35 of the LP insofar as it seeks to resist significant adverse impacts on the amenities of neighbouring property. Other Matters 8. The proposal would deliver three new houses which would contribute towards the national objective to boost the supply of homes and I note letters of support from third parties in favour of new housing. The Framework supports the development of windfall sites in existing settlements and acknowledges the important contribution that small sites can make to meeting the housing requirement of an area. The development could be built out relatively quickly and it would provide economic benefits during the construction process and through ongoing expenditure by future occupants into the local economy.

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision The scale of these benefits would, however, be limited given the size of the proposal. 9. The Framework supports the efficient use of land, but requires consideration of the desirability of maintaining an area’s prevailing character and setting, including residential gardens. As such these provisions do not add additional weight in favour of the proposal. 10. No objection has been raised to the design and appearance of the proposed houses themselves and the Council have not identified conflict with its Residential Design Guide1 or other development plan policies. However, where the proposal has been found to be policy compliant in other respects, these are neutral matters which do not weigh in favour of the development. Any 1 Wycombe District Council Residential Design Guidance June 2017 https://www.gov.uk/planning-inspectorate 2

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — Appeal Decision Appeal Decision APP/K0425/W/23/3331085 Community Infrastructure Levy receipts would mitigate for the effects of the development on local infrastructure, rather than providing a benefit, and it is not apparent how demand for local services would be consolidated so as to amount to a benefit of the proposal. Conclusion 11. The proposal would conflict with the development plan as a whole and there are no other considerations, including the provisions of the Framework, which outweigh this finding. The appeal is therefore dismissed.

Land at Nelson Court and rear of 44 Guinions Road, Nelson Close, High Wycombe, HP13 7NY — Buckinghamshire Council - Wycombe Area * — C Shearing INSPECTOR https://www.gov.uk/planning-inspectorate 3