Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision Site visit made on 7 May 2024 by C Rose BA (Hons) BTP MRTPI an Inspector appointed by the Secretary of State Decision date: 22 May 2024 Appeal Ref: APP/E3335/W/23/3334087 Land West of The Firs, Walrow, Highbridge TA9 4AB • 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 R Thorner, Flower and Hayes Ltd against the decision of Somerset Council. • The application Ref is 11/23/00076. • The development proposed is Proposed new dwelling on land to the West of The Firs. Decision 1. The appeal is dismissed. Preliminary Matter 2. I have taken the description of development as set out above from the application form as neither party has provided written confirmation that a revised description has been agreed. Main Issues 3. The main issues are: • the effect of the proposal on the character and appearance of the area; and, • the effect of the proposal on the living conditions of the occupiers of The Firs with particular regard to outlook and overshadowing. Reasons Character and Appearance 4. The appeal site is located within a generally urban residential area comprising a mix of building ages and styles.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision The site consists of The Firs and is located off Walrow and adjacent to a new access being formed to adjoining residential development comprising 47 plots currently under construction. 5. The Firs forms one half of a pair of semi-detached dwellings but also benefits from planning permission1 for conversion to two flats. The semi-detached pair form a relatively large building with an historic character and appearance due to its gable, quoin and window detailing. The building and its detailing are highly visible from Walrow Road and the new access to the adjoining development contributing positively to the area’s character and appearance. 1 11/22/00108 https://www.gov.uk/planning-inspectorate

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision The site consists of The Firs and is located off Walrow and adjacent to a new access being formed to adjoining residential development comprising 47 plots currently under construction. 5. The Firs forms one half of a pair of semi-detached dwellings but also benefits from planning permission1 for conversion to two flats. The semi-detached pair form a relatively large building with an historic character and appearance due to its gable, quoin and window detailing. The building and its detailing are highly visible from Walrow Road and the new access to the adjoining development contributing positively to the area’s character and appearance. 1 11/22/00108 https://www.gov.uk/planning-inspectorate

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3334087 6. It is proposed to erect a new dwelling, plot 48, on part of the garden to The Firs. It would face Plot 47, located across a parking area. The appeal proposal would be at the entrance to the new development and by reason of this and its corner position, it would be in a prominent and key gateway location. 7. Similar to the previous planning application2 and associated appeal3 on the site, the proposed dwelling would be orientated with its rear elevation facing Walrow and its front elevation facing plot 47. As a result, it would present a side elevation to the adjacent access to the new housing development. 8. Although the design and orientation of the dwelling has been improved since the previous application to provide more detailing, openings, gablets and interest similar to the appearance of Plot 47, it would still present a private and inactive frontage to Walrow. The high rear boundary wall and lower level in relation to the roads would emphasise the rear of the dwelling and its inactive nature on this prominent corner location. This would be contrary to the prevailing character of the area where active public-facing elevations present their frontages to Walrow.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision This is important in knitting the development into the existing area. Furthermore, it would not provide a positive gateway to the adjoining housing under construction even acknowledging the similar building line and roof pitch to other plots under construction, and that areas within the new development form their own clusters of dwellings and character. 9. Turning to the visual effect in relation to The Firs, the proposed dwelling would be visible above the boundary wall and as a result screen views of The Firs from Walrow and the new access to the adjoining housing. Furthermore, by reason of its close position in relation to The Firs, and position further forward in relation to Walrow, the proposal would appear cramped and contrived and would detract from the appearance of the Firs and the wider area. 10. I acknowledge that the design seeks to mirror the dwelling, layout and floor level of Plot 47 and create a balanced courtyard, but this does not overcome the harm identified above. Furthermore, as Plot 47 is set back a considerable distance from Walrow, it does not form a key gateway site, is not as prominent as the appeal site and does not result in the loss of key views of The Firs. 11.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision I have had regard to the garden to The Firs being larger than that predominately found in the area. Nonetheless, this does not in itself justify its loss with the retention of views of The Firs creating a suitable entrance to the housing currently under construction. 12. It follows from the above that I conclude that the proposal would harm the character and appearance of the area. As such, it is contrary to Policy D2 of the Sedgemoor Local Plan – Adoption Version 2011-2032 (SLP). Amongst other things, this seeks to promote high quality and inclusive design, reflect local characteristics and provide attractive streets. As a result, the proposal is also contrary to Chapter 12 of the National Planning Policy Framework (the Framework) that seeks to achieve well-designed and beautiful places. 13. The Councils first reason for refusal also references Policy H1 of the Burnham and Highbridge Area Neighbourhood Plan 2014-2032 (2018) but as this relates to all major housing proposals, it is not directly relevant to this appeal for a single dwelling. 2 11/21/00037 3 APP/V3310/W/21/3283313 https://www.gov.uk/planning-inspectorate 2

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision Appeal Decision APP/E3335/W/23/3334087 Living Conditions 14. The appeal proposal would retain adequate outdoor space for The Firs, and Flat 1 as approved, to their frontages facing Walrow with a smaller and narrower strip to the side. Despite the proposed dwelling being in close proximity to The Firs, being two-storey in height and on slightly higher ground, it would be positioned to avoid being directly in line with windows to the front and side of The Firs. Moreover, it would be orientated at 90 degrees with lower eaves and ridge heights. As a result, it would not appear harmfully overbearing to the occupiers of The Firs, or from the outdoor space associated with it or with Flat 1 as consented. 15. The size and position of the proposed dwelling would result in the outdoor space to the side and front of The Firs being overshadowed for some periods during the afternoon and early evening. However, these areas, and particularly the front garden, would benefit from direct sunlight for large periods of the day. Although I acknowledge that the front garden adjoins Walrow, it is enclosed by planting providing some privacy for users. 16.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision In relation to this matter, I conclude that the proposal would not have a harmful effect on the living conditions of occupiers of The Firs with particular regard to outlook and overshadowing. As such, the proposal complies with Policy D25 of the SLP, which requires that proposals protect the residential amenity of occupiers of nearby dwellings, including in respect of overbearing and visual dominance and loss of light. Other Matters 17. I have had regard to the provision of adequate car parking, outdoor space, suitable access, landscaping, lighting, drainage, opportunity to remediate the land and lack of harm to ecology. Nonetheless, these matters are neutral in my consideration as they are requirements of local and national planning policies. 18. I have also had regard to the benefit from the provision of an additional energy efficient dwelling on a brownfield site in a sustainable location and to the associated employment during construction and subsequent support to the vitality of Highbridge. However, given the small scale of the proposal, the benefits are limited. Conclusion 19.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — Appeal Decision Although I have found no harm with regard to the living conditions of the occupiers of The Firs, the proposal would harm the character and appearance of the area. In my view, this is the prevailing consideration, and the proposal should be regarded as being in conflict with the development plan, when read as a whole. 20. Material considerations, including the Framework do not indicate that the proposal should be determined other than in accordance with the development plan. Having considered all other matters raised, I therefore conclude the appeal should be dismissed.

Land west of The Firs, Walrow Road, Highbridge, Somerset , TA9 4AB — Somerset Council — C Rose INSPECTOR https://www.gov.uk/planning-inspectorate 3