13 The Close, Kettering, Northants, NN15 6AG
North Northamptonshire — appeal allowed
- Outcome
- Allowed
- Decision date
- 8 July 2024
- Authority
- North Northamptonshire
- Inspector
- Owen A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr Darran Mindham
- LPA reference
- NK/2023/0440
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 March 2024
Summary AI
The inspector allowed the appeal for a garage conversion at 13 The Close, Kettering, due to no harm to highway safety and compliance with development plan policies.
PDF text
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision Site visit made on 26 June 2024 by A Owen MA BA(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 8th July 2024 Appeal Ref: APP/M2840/W/23/3334624 13 The Close, Kettering, Northamptonshire NN15 6AG • 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 Darran Mindham against the decision of North Northamptonshire Council. • The application Ref is NK/2023/0440. • The development proposed is conversion of existing integral garage to an internal room with removal of garage door and replacement within the space of 1no. flat UPVC window and brick built front from ground to cill level. Decision 1. The appeal is allowed and planning permission is granted for conversion of existing integral garage to an internal room with removal of garage door and replacement within the space of 1no.
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision flat UPVC window and brick built front from ground to cill level at 13 The Close, Kettering, Northamptonshire, NN15 6AG in accordance with the terms of the application, Ref NK/2023/0440, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawings: site plan at 1:1250 scale, site layout plan at 1:50 scale, existing and proposed floor plans at 1:50 scale, and elevations at 1:100 scale. 3) The external materials of the development hereby permitted shall match those used in the existing dwelling. Main Issue 2. The main issue is the effect of the proposal on highway safety. Reasons 3. The appeal site accommodates a detached dwelling on the south side of The Close with a gravel driveway in front for parking. The Close is a private road. 4. The conversion of the garage would result in its loss as a parking space, albeit I understand the dimensions of the garage are such that it doesn’t meet the current guidance set out in the Northamptonshire Parking Standards. 5.
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision The Council state that three parking spaces should be provided at the site, and from my visit it was clear that the property is sufficiently wide to allow for three cars to park side by side on the gravel driveway. https://www.gov.uk/planning-inspectorate
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision The Council state that three parking spaces should be provided at the site, and from my visit it was clear that the property is sufficiently wide to allow for three cars to park side by side on the gravel driveway. https://www.gov.uk/planning-inspectorate
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision Appeal Decision APP/M2840/W/23/3334624 6. There is a grass verge which runs along this south side of The Close from its start to No 13. The submitted site plan shows that the strip of verge finishes here and the main carriageway widens at this point and maintains this width until the end of the road. However, in practice the main carriageway does not widen and effectively the strip of verge continues. Some of this verge is surfaced with tarmac to match the road, and some is surfaced with gravel to reflect the driveways that abut it. I saw at my site visit that many of the properties along here had cars parked on their gravel driveways but which overhung the verge area but did not obstruct the main carriageway. 7. This is also the case at the appeal site. Parking cars in front of No 13 perpendicular to the house may result in these vehicles overhanging the verge, and indeed at my site visit I saw a car slightly overhanging the gravelled verge. However, the main carriageway remained unobstructed and is of a sufficient width to operate satisfactorily. This would also be the case if three cars were parked at the site. 8.
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision As such, the development would maintain the free flow of traffic on The Close and so there would be no harm to highway safety. The proposal would therefore comply with policy 8 of the North Northamptonshire Joint Core Strategy which, in section b) aims to ensure development provides satisfactory provision for parking and does not prejudice highway safety. It would also accord with policy 4 of the South West Kettering (Headlands Community) Neighbourhood Plan which says that development must not harm highway safety. Other Matters 9. The substitution of the garage door with a window would have no harmful effect on the character and appearance of the building, given the small scale of the change and the satisfactory design of the windows proposed. Conditions 10. The Council have suggested conditions relating to the commencement of the development and specifying the approved plans. I have imposed these in the interest of certainty. The condition requiring matching materials is necessary to protect the character and appearance of the area. Conclusion 11.
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — Appeal Decision The proposal would accord with the development plan taken as a whole and there are no other considerations to indicate a decision other than in accordance with the development plan. The appeal is therefore allowed.
13 The Close, Kettering, Northants, NN15 6AG — North Northamptonshire — A Owen INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Highway safety For appellant ¶8
The development would maintain the free flow of traffic on The Close, with a sufficient width for parking and no obstruction to the main carriageway.
Character and appearance For appellant ¶9
The substitution of the garage door with a window would have no harmful effect on the character and appearance of the building, given its small scale and satisfactory design.
Policies relied on
| Reference | Weight |
|---|---|
| North Northamptonshire Joint Core Strategy 8 |
Determinative |
| South West Kettering (Headlands Community) Neighbourhood Plan 4 |
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.