Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ
Colchester Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 8 July 2024
- Authority
- Colchester Borough Council
- Inspector
- Storey P
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Orhan Dagdelen
- LPA reference
- 231233
- ONS LPA code
- E07000071
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 10 January 2024
Summary AI
The appeal was dismissed due to the proposed development's impact on the character and appearance of the area. The development's scale, volume, and form would clash with the surrounding area's simple and modest form, and would conflict with local and national planning policies.
PDF text
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — Appeal Decision Site visit made on 6 June 2024 by P Storey BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 8 July 2024 Appeal Ref: APP/A1530/W/23/3331577 Ellore, Halstead Road, Eight Ash Green, Essex CO6 3QJ • 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 Orhan Dagdelen against the decision of Colchester City Council. • The application Ref is 231233. • The development proposed is demolition of existing bungalow and construction of a new four bedroomed detached house with associated works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appellant’s statement of case refers to revisions that were made during the Council’s determination of the planning application. For the avoidance of doubt, I have determined the appeal against the plans on which the Council made its decision, as referenced in the appellant’s appeal form and the Council’s officer report. Main Issue 3. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 4.
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — Appeal Decision The appeal site is a plot of land to the west of Halstead Road, currently occupied by a detached bungalow. The surrounding area is predominantly residential, featuring a variety of dwelling types and architectural styles. The dwelling was unoccupied at the time of my visit, with the site appearing overgrown and secured by mesh fencing. 5. The adjacent development to the north of the site comprises a cluster of 3 detached dwellings set back from Halstead Road, consisting of bungalows and chalet bungalows. Between these dwellings and Halstead Road is a traditional pair of semi-detached houses, whose front elevations are close to the road. 6. To the south of the site, the adjacent development comprises detached bungalows and chalet bungalows. These dwellings are typically situated within spacious plots and are set back from the road to varying extents. Mature vegetation and hedgerows form the front boundaries and screen the dwellings, with grass verges lining the highway edge. https://www.gov.uk/planning-inspectorate
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — Appeal Decision Appeal Decision APP/A1530/W/23/3331577 7. On the opposite side of Halstead Road, the development includes one taller 2- storey dwelling. However, the predominant form of development in this area is of a similar typology to that found on the west side of the road, primarily consisting of bungalows and chalet bungalows, although at a slightly higher density. 8. While the appeal site has a different character from the neighbouring development to the north and south, there are similarities in the general scale, proportions and simple form of the dwellings, as well as the spacious nature of the plots. 9. The proposed development would occupy a significantly larger footprint than the existing dwelling. Although its front elevation would extend no closer to the highway than the existing dwelling, the proposed development would span much of the width of the plot and extend further to the rear. It would also be taller than existing, with the highest part of the roof extending across the full width of the dwelling. The resulting form and massing would be disproportionate alongside the more modest development on neighbouring plots. 10.
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — Appeal Decision The front elevation would be staggered, with the recessed element taking the form of a chalet bungalow with a dormer window, and a prominent 2-storey gable element stepping forward of this. From the rear, the development would appear as a 2-storey dwelling. The side elevations, which would be prominently visible from neighbouring properties and various points along Halstead Road, would reveal the substantial depth of the dwelling and feature a mass of solid material providing little visual interest. The side elevations would also feature various eaves lines, roof shapes and elevational treatments that would lead to an incoherent and incongruous appearance. Overall, due to its disproportionate scale, the complexity of its competing design features, and its visibility from public and private vantage points, the proposed development would clash uncomfortably with the simple and modest form of the surrounding area. 11.
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — Appeal Decision For the reasons given above, by virtue of its scale, volume and form, the proposal would harm the character and appearance of the area and would conflict with Policy SP 7 of the Colchester Borough Local Plan 2013-2033 Section 1 – North Essex Authorities’ Shared Strategic Section 1 Plan – Adopted February 2021, and Policy DM15 of the Colchester Borough Local Plan 2017- 2033 Section 2 – Adopted July 2022. Together these policies seek, in respect of this issue, for all new development to meet high standards of urban and architectural design, to respond positively to local character and context to preserve and enhance the quality of existing places and their environs, to provide buildings that exhibit individual architectural quality within well- considered public and private realms, and that poor design will be refused including that which fails to take the opportunity for good design or improving the local area. It would also conflict with the relevant provisions of the National Planning Policy Framework, which have similar aims. Conclusion 12. For the reasons given above I conclude that the appeal should be dismissed.
Ellore, Halstead Road, Eight Ash Green, Essex, CO6 3QJ — Colchester Borough Council — P Storey INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶9-11
The proposed development would occupy a significantly larger footprint, be taller, and have a more complex design than the surrounding dwellings. Its front elevation would extend no closer to the highway but would span much of the width of the plot and extend further to the rear. The resulting form and massing would be disproportionate alongside the more modest development on neighbouring plots.
Policies relied on
| Reference | Weight |
|---|---|
| Policy SP 7 of the Colchester Borough Local Plan 2013-2033 and Policy DM15 of the Colchester Borough Local Plan 2017-203 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 8 July 2024 under the Open Government Licence.