22a Hope Road, Sale, M33 3AB

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision Site visit made on 11 July 2024 by R Morgan BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 22nd July 2024 Appeal Ref: APP/Q4245/W/23/3331183 22a Hope Road, Sale, M33 3AB • 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 Mrs Anne-Marie Williams against the decision of Trafford Metropolitan Borough Council. • The application Ref is 110206/FUL/23. • The development is described on the application form as ‘change of use of garden area to 24-42 Hope Road to inclusion within residential curtilage of no 22a Hope Road and dropped kerb’. Decision 1. The appeal is dismissed. Preliminary Matters 2. As part of the appeal, the appellants have provided a plan which shows the proposed boundary wall being sited further away from 24 and 26 Hope Road. Although described on the Appeal Form as a change to the description of development, the suggested revision would be a change to the scheme itself. 3. According to the appellant, this suggested change has been agreed with the Council.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision However, it is not referred to in the Council’s committee report or appeal statement, and from the information provided, it is unclear whether the proposed change has been subject to consultation with neighbours. In any case, having read the representations received, it seems unlikely that the proposed revision would be sufficient to overcome the concerns raised. Given this situation, I have assessed the appeal on the basis of the drawings submitted with the original application, and the description of development which appears on the application form. Main Issue 4. The main issue is the effect of the proposal on the reasonable enjoyment of the homes of nearby occupiers at 24 and 26 Hope Road. Reasons 5. The appeal property, 22a Hope Road (No. 22a), is a modern detached house located in a primarily residential street, a short distance from Sale town centre. The neighbouring flats, 24 and 26 Hope Road (Nos. 24 and 26), form part of a group of similar maisonettes arranged in three blocks, set back from Hope Road behind landscaped amenity areas. A private access road leads in front of the first two blocks, (24-30 Hope Road), to a parking area at the back of No. 22a. https://www.gov.uk/planning-inspectorate

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/23/3331183 6. To the side of No. 22a is a driveway which has space to park two cars, one behind the other. The appeal seeks to widen this drive, using part of the existing amenity area in front of Nos. 24 and 26. The existing 1.7m brick wall would be repositioned around the new perimeter of No. 22a. The wall would be extended in front of Nos. 24 and 26, separated from those properties by the access road. 7. The existing driveway at the appeal property is not particularly wide, and the appellant’s have commented that visibility is restricted by the existing boundary wall. Hope Road is quite a busy road, and I can appreciate that it may be tricky to enter and exit the driveway at times. Traffic movements associated with the nearby primary school and church are likely to exacerbate the problems experienced at particular times of the day. 8. The proposed enlarged driveway would enable two cars to be parked side-by- side. The scheme would make it easier for the appellants to manoeuvre their vehicles into and out of the parking spaces, and avoid the need to move a car to get the other out.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision The wall would be reduced in height at the entrance to the driveway and splayed out, which would improve visibility along Hope Road. 9. I note the comments by the Local Highways Authority that the scheme would be an improvement on the existing situation. However, there is no suggestion of any safety concerns regarding the existing arrangements. 10. The proposed parking arrangements would clearly benefit the appellants, but in doing so would result in the loss of a small part of the amenity space in front of 24-30 Hope Road. At the time of my visit, the amenity space appeared to be an attractive and well-maintained feature. If the appeal were allowed, the majority of the amenity area would be retained, and the appellants have stated that it would be left open as existing. I have no reason to doubt that. 11. The proposed change to the wider streetscene would be minor, but the existing outlook from the front habitable room windows of the closest properties, Nos. 24-26, would alter. The existing view over the garden area would be replaced by one dominated by the extended 1.7m brick wall and driveway, just a short distance away. 12.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision The potential for hard boundary treatments to cause harm to residential character, particularly those over 1m in height, is recognised in the Trafford Supplementary Planning Document 4 – A Guide for Designing House Extensions and Alterations (2012). In this case, the wall would only be extended for some 3m and would be separated from the adjacent properties by the access road, but from the front windows of Nos. 24 and 26 it would appear as a harsh, unattractive feature. 13. I acknowledge that there is no private right to a view in planning, but in this case, the existing outlook from the maisonettes is to an area of amenity space associated with their properties, the maintenance of which they contribute to. As such, they have a reasonable expectation that this area would be retained as a garden. From the submissions received at application and appeal stage, it is clear that, for neighbouring occupiers including those living at Nos. 24 and 26, the existing outlook to the amenity space is very important. I note that the occupier of No. 24 is elderly, and spends a lot of time in their lounge, so would be particularly sensitive to the proposed change. The replacement of a view of https://www.gov.uk/planning-inspectorate 2

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/23/3331183 the garden with that of a high brick wall would detract from the quality of life of the occupier of No. 24. 14. The parents of the occupier of No. 26 have written to me on behalf of their son, who is autistic. The letter explains how the appeal scheme, which would involve changes to his immediate living environment, has already caused stress and anxiety for their son. It also provides compelling evidence that, owing to his particular condition, the proposal would have a significant and harmful impact on his well-being, if it were to go ahead. 15. From reading the submissions I am clear that, despite its minor scale, the effect of the proposed scheme would be profoundly and disproportionately felt by the occupiers of Nos. 24 and 26, and would significantly undermine their ability to reasonably enjoy their homes. I acknowledge that this is a different conclusion to that reached by the planning officer in their recommendation to the Council’s committee. However, the additional evidence regarding the occupier of No. 26 was taken into account by the planning committee in making their decision, and I share the view that the committee came to. 16.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision Having regard to the particular circumstances of this case, I conclude that the proposal would conflict with Policy L7.3 of the Trafford Core Strategy, which requires that development must not prejudice the amenity of occupants of adjacent properties in any way. In addition, the proposal would fail to comply with paragraph 135f) of the National Planning Policy Framework, which requires that planning decisions should create places that, amongst other things, are inclusive and promote health and well-being, with a high standard of amenity for existing users. Other Matters 17. From the information provided, the area of amenity space at issue does not currently form part of the existing curtilage of No. 22a, and is not in the appellant’s ownership. As it is outside the curtilage of the appeal property, the Permitted Development Right described by the appellant is not available to them, and does not represent a valid fall-back position. I have therefore given it no weight in this appeal. Planning Balance and Conclusion 18. The proposal would provide an improved parking solution for the appellant, and would make it easier to manoeuvre in and out of the drive from Hope Road.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision However in doing so, the scheme would result in the loss of a small area of amenity space associated with the adjacent maisonettes, and would alter the outlook from the front habitable windows of the occupiers of Nos. 24 and 26. 19. In considering this appeal I have had due regard to the aims of the Public Sector Equality Duty (PSED), set out in s149 of the Equality Act 2010. The proposal would benefit the appellant, but would have a disproportionate impact on the residents of the Nos. 24 and 26, whose age and disability are protected characteristics for the purposes of the PSED. The private benefit to the appellants would not outweigh the failure of the scheme to advance the equality of opportunity between persons who share a protected characteristic and those who do not, or to foster good relations between them and others. https://www.gov.uk/planning-inspectorate 3

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — Appeal Decision Appeal Decision APP/Q4245/W/23/3331183 20. The proposal conflicts with the development plan and fails to advance the aims of the PSED. No other material considerations outweigh this finding. I therefore conclude that it is proportionate and necessary to dismiss the appeal.

22a Hope Road, Sale, M33 3AB — Trafford Metropolitan Borough Council — R Morgan INSPECTOR https://www.gov.uk/planning-inspectorate 4