Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Site visit made on 23 April 2024 by P Terceiro BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 21st May 2024 Appeal A Ref: APP/L2250/W/23/3331658 Garage block adjoining Southwinds, Cliff Road, Hythe, Kent CT21 5XW • 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 Gavin Shields against the decision of Folkestone and Hythe District Council. • The application Ref is 22/2185/FH. • The development proposed is the demolition of existing garage and the construction of 1no. single storey dwelling including parking and landscaping. Appeal B Ref: APP/L2250/W/23/3331394 Garage block adjoining Southwinds, Cliff Road, Hythe, Kent CT21 5XW • 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 Gavin Shields against the decision of Folkestone and Hythe District Council. • The application Ref is 22/2186/FH. • The development proposed is the demolition of existing garage and the construction of 1no. two storey dwelling including parking and landscaping. Decision 1.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Appeal A is dismissed. 2. Appeal B is dismissed. Application for Costs 3. An application for costs was made by Mr Gavin Shields against Folkestone and Hythe District Council in relation to Appeal A. This application is the subject of a separate Decision. Preliminary Matters 4. There are two appeals relating to this site as set out above. Although I have considered each on its individual merits, to avoid duplication, I have dealt with the two schemes together except where otherwise indicated. 5. In respect of Appeal A, the appellant has submitted additional plans which provide further clarification in relation to dimensions, including those of the parking space. The parties have had the opportunity to comment on this information. As such, I am satisfied that no prejudice would occur to any party as a result of my consideration of their content. 6. The Council’s fourth reason for refusal in relation to Appeal A relates to insufficient information being provided to confirm that bats would not be https://www.gov.uk/planning-inspectorate

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Appeal Decisions APP/L2250/W/23/3331658 & APP/L2250/W/23/3331394 harmed because of the proposed development. The appellant has subsequently prepared a Preliminary Bat Roost Assessment which concludes that the building has negligible suitability to support roosting bats. The Council has confirmed it no longer wishes to pursue this reason for refusal. As such, I have had no further regard to this reason for refusal in my decision. 7. There has recently been a revised National Planning Policy Framework (the Framework) published by Government. The parties have had the opportunity to comment on this as part of their appeal submissions. I have had regard to the revised Framework and to any representations received in my decision. Main Issues 8. The main issues are: • the effect of the proposal on the character and appearance of the area (Appeal A and Appeal B); • whether the proposed development would provide acceptable living conditions for future occupiers with particular regard to private external amenity space (Appeal A only); and • whether the proposal would provide adequate parking (Appeal A only). Reasons Character and appearance (Appeals A and B) 9.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions The appeal site is modest in size and comprises a garage block with three bays that is set back from the road. The building is set between two adjacent dwellings, from which it is separated by fencing and vegetation. It has its own access off Cliff Road with an open frontage. 10. Cliff Road is typically characterised by detached dwellings on reasonably sized plots of different shapes. Some dwellings are sited at an angle towards the road, with varied setbacks and gaps between buildings. The properties on the northern side of Cliff Road have longer frontages which, together with the grass verges, provides the road with a sense of space. On the southern side, where the appeal site is located, development is closer together. Nonetheless, the street scene has an overall informal and pleasant, spacious character. The garage block, given its modest size and limited height, has an unassuming presence which helps to maintain the sense of space within Cliff Road. 11. Despite the lack of consistency of plot size within the road, the site is significantly smaller than neighbouring plots.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Both dwellings would have a large footprint relative to the plot and would introduce a significant amount of built form into a tight space, with negligible gaps to the side boundaries. Consequently, the dwellings would appear uncomfortably cramped and would erode the sense of space within the street scene. 12. I recognise that the building line along the south of Cliff Road meanders. Irrespective, the proposed dwellings in both appeals would project beyond the front elevation of the adjacent properties, close to the road. Given this siting, coupled with their cramped plot and overall height and / or mass, the dwellings would appear as a prominent and incongruous form of development from the road frontage. https://www.gov.uk/planning-inspectorate 2

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Appeal Decisions APP/L2250/W/23/3331658 & APP/L2250/W/23/3331394 13. Due to its varied nature and lack of homogeneity in style, the streetscape is tolerable to new design. I note that both proposals take design cues from surrounding development, including in terms of roof form. Further, the garage block is of utilitarian design. However, it is an obviously ancillary building, and so it does not necessarily follow that the proposed developments would be better. Indeed, in Appeal A, the mix of different roof forms at various heights would result in a cluttered front elevation. In Appeal B, notwithstanding the level changes, the dwelling’s front elevation would be dominated by the large gable and have a significant area of blank wall with the glazing being limited to the first floor. The examples of projecting gables provided appear more modest in scale and therefore less assertive. As such, in both cases the dwellings would fail to provide attractive frontages. 14. I understand that both proposals follow previous planning applications which were refused by the Council.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Whereas it may be that the size of the dwellings has been reduced and the design has changed, as set out above, I find that the proposals would be harmful to the character of the area in their own right. 15. My attention is drawn to a planning permission that has recently been granted by the Council for a detached dwelling on land adjacent to Athenree House. The new dwelling at Athenree House has a limited gap to its donor property. However, this development is markedly different from the appeal proposals insofar as the additional dwelling has no development immediately to the east. It also has a specific role in providing a bookend to Cliff Road, at a particular point where its southern side is acutely tapering to Seabrook Road. Thus, this arrangement is not comparable to the proposed schemes, whereby the dwellings would be located between two other residential properties. 16. Reference to the planning permission granted by the Council at Cliff Lodge is of note. In comparison with the appeal proposals, this neighbouring development comprises generous gaps to both adjacent neighbours, as well as a reasonably sized plot. Therefore, I find that this scheme would also not justify the proposed developments. 17.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions For these reasons the proposed developments would have a harmful effect on the character and appearance of the area, in conflict with Policy HB1 of the PLP which, amongst others, supports development that makes a positive contribution to its location and surroundings. Furthermore, the proposal would be contrary to the Framework, which seeks to ensure that development is sympathetic to local character. Living conditions (Appeal A only) 18. PLP Policy HB3 requires new dwellings to be provided with a private garden space of at least 10m in depth. Variations to the external space standards will only be considered insofar that such an approach is needed to reflect the character of the area. 19. The proposed garden space would fall below the 10m depth required by Policy HB3. It would be a very small and highly confined area for future occupants, even if occupied by a sole individual. Private gardens of such modest depth are not characteristic of Cliff Road, and so Policy HB3 provides no discretion to divert from the 10m requirement in this case. https://www.gov.uk/planning-inspectorate 3

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Appeal Decisions APP/L2250/W/23/3331658 & APP/L2250/W/23/3331394 20. Whereas it may be that the Council accepted smaller garden spaces in previous applications at this site, this was based on the assertion that one of the schemes was for a flat and the other scheme was akin to flatted accommodation. For flats, Policy HB3 requires a balcony to be provided, which in most cases are likely to be elevated with good levels of outlook. I am not bound by previous decisions of the Council in any event. Whilst I recognise that the public sea front close by could be utilised by the dwelling’s occupiers for some recreational purposes, that is not a substitute to the provision of adequate private garden space. 21. In conclusion, the proposal would have a harmful effect on the living conditions of future occupiers with particular regard to private external amenity space, in conflict with PLP Policy HB3. Amongst others, this policy requires new dwellings to be provided with a private garden space of at least 10m in depth. Parking provision (Appeal A only) 22. Although not included in the Council’s third reason for refusal, reference is made in the evidence to PLP Policy T2.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions This policy sets out that the dimensions for a car parking space are 2.5m (width) by 5m (length), unless the space is adjacent to a structure or obstruction (e.g. wall or fence), in which case the width measurement needs to be increased by 0.2m for every obstruction. 23. The appellant has provided an additional site plan and proposed elevations with annotated measurements, which demonstrate that the proposal would accord with the dimensions set out within Policy T2. The off-street parking space provided would be usable and adequate, so the proposal would not be detrimental to highway safety. 24. Kent County Council Highways and Transportation (KCC) have different size standards to those included in the PLP. Whereas this is of note, I have not been provided with compelling evidence to justify the departure from the size standards contained in the PLP in this case. 25. As such, I conclude that the proposal would provide adequate parking, in accordance with PLP Policy T2. Amongst others, this policy seeks to ensure that there is sufficient parking for residents in new development. Planning Balance and Conclusion 26.

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions There is no clear evidence before me to indicate that the Council is currently unable to demonstrate a five-year supply of deliverable housing sites. Even so, the proposed developments would contribute to the Council’s housing stock and would meet the Framework’s objectives of boosting the supply of housing. Further, both proposals would make a useful contribution to the housing mix within the road, by providing a 1-bedroom unit. The proposals seek to re- develop a site which is located within a settlement and has good access to a range of local services and transport links. The site is a small one, so it could be built out relatively quickly. The proposals would contribute to the local economy and there would be some economic benefits accrued from the construction process. These benefits attract moderate weight in favour of the appeal proposals, but do not outweigh the harm that I have identified. 27. The proposed developments would therefore each conflict with the development plan, read as a whole. There are no other considerations, https://www.gov.uk/planning-inspectorate 4

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — Appeal Decisions Appeal Decisions APP/L2250/W/23/3331658 & APP/L2250/W/23/3331394

Garage block adjoining Southwinds, Cliff Road, Hythe, CT21 5XW — Folkestone and Hythe District Council — INSPECTOR https://www.gov.uk/planning-inspectorate 5