Case 3331463

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH

Test Valley Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
21 August 2024
Authority
Test Valley Borough Council
Inspector
Faulkner H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
MR DAVID RUIS
LPA reference
23/02027/FULLS
ONS LPA code
E07000093
Jurisdiction
Transferred
Link status
Not Linked
Start date
26 March 2024

Summary AI

The appeal for a replacement dwelling on a corner plot in North Baddesley was dismissed due to concerns over the building's scale and layout, which would harm the character and appearance of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — Appeal Decision Site visit made on 17 July 2024 by H Faulkner BSc (Hons) MSc PGCE MRTPI an Inspector appointed by the Secretary of State Decision date: 21 August 2024 Appeal Ref: APP/C1760/W/23/3331463 23 Firgrove Road, North Baddesley, Hants SO52 9JH • 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 David Ruis against the decision of Test Valley Borough Council. • The application Ref is 23/02027/FULLS. • The development proposed is the demolition of dwelling and erection of replacement dwelling with bin store, cycle rack, fences and gates and associated works. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the proposed development on: • The character and appearance of the area; and • The living conditions of future occupiers with particular regard to the size of the proposed dwelling and overshadowing of the garden. Reasons Character and appearance 3. Firgrove Road is a residential street of mixed architectural character with bungalows, detached and semi-detached houses. Features such as dormer windows are common in the area however the style and mix of materials varies.

Page 1 · Chunk 1 Appeal Decision

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — Appeal Decision On Firgrove Road properties generally follow a fairly clear building line although openness of junctions varies. The road is reasonably wide close to the appeal site with verges separating the frontages of properties from the pavement. 4. The appeal site is a corner plot currently occupied by a small bungalow. Fences and hedges to the front and side of the site have been removed. 5. The proposed house would be much larger than the existing bungalow with a significant increase in both footprint and height. The house would present as a bungalow with four dormer windows in the front elevation. The style of the proposed house has features consistent with other properties in the area. However, the coverage of the plot would be much greater than other properties of a similar size. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — Appeal Decision Appeal Decision APP/C1760/W/23/3331463 6. Due to the corner location of the site the plot coverage would be visible from both Firgrove Road and Merry Gardens with the mass of the building appearing more visible than other houses of a similar scale. The building would appear cramped within the plot in a way which is not characteristic of corner plots in the area. 7. The projection of the building past the main elevation of 8 Merry Gardens erodes the spacious nature of the corner plot and accentuates the scale of the building to an extent that would have a harmful impact on the character of the area. 8. Policy E1 of the Test Valley Borough Revised Local Plan (TVBRLP) requires development to be high quality in terms of design and local distinctiveness. The proposal does not meet these policy aims as it does not integrate, respect or complement the character of the area in terms of its layout and scale. 9. The size and scale of the building and its cramped siting would harm the character and appearance of the surrounding area and would be contrary to Policies COM2 and E1 of the TVBRLP. Living conditions 10. The rear garden of the new dwelling would be in the same position as the existing garden to the bungalow.

Page 2 · Chunk 3 Appeal Decision

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — Appeal Decision There would be a reduction in the size of the usable garden, mainly to the sides rather than the rear. The impact of 8 Merry Gardens on the appeal property would be unaltered. There would be some change to light levels in the garden due to the scale of the proposed house but adequate usable garden space would remain to both the side and rear. The situation would not be so substantially different from the current arrangement that it would harm the living conditions of the future occupiers. 11. Policy LHW4 which protects residential amenity allows for development which does not reduce the levels of daylight and sunlight reaching new and existing properties or private open space to below acceptable levels. For the reasons given above no conflict is found with this policy. 12. The proposals are therefore found to provide acceptable living conditions in respect of the size and overshadowing to the garden and therefore conforms with Policies COM2 and LHW4 of the TVBRLP. Conclusion 13. Even though I have found no harm in respect of living conditions, the proposal would nonetheless have an unacceptable effect on the character and appearance of the area.

Page 2 · Chunk 4 Appeal Decision

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — Appeal Decision The proposed development would conflict with the development plan, when read as a whole and there are no other material considerations, including the provisions of the Framework, that outweigh this finding. Therefore, for the reasons given the appeal should be dismissed.

Page 2 · Chunk 5 H Faulkner

23 FIRGROVE ROAD, NORTH BADDESLEY, HANTS, SO52 9JH — Test Valley Borough Council — H Faulkner 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
¶3-9

The proposed house would be much larger than the existing bungalow, with a significant increase in both footprint and height. The style of the proposed house has features consistent with other properties in the area, but the coverage of the plot would be much greater than other properties of a similar size.

Living conditions
For appellant
¶10-12

The rear garden of the new dwelling would be in the same position as the existing garden, with some reduction in size. However, adequate usable garden space would remain to both the side and rear, and the situation would not be substantially different from the current arrangement.

Policies relied on

Reference Weight
Policy E1, TVBRLP
Determinative
Policy COM2, TVBRLP
Determinative
Policy LHW4, TVBRLP
Substantial

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 21 August 2024 under the Open Government Licence.