76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD
North Northamptonshire — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 2 July 2024
- Authority
- North Northamptonshire
- Inspector
- Owen A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Janine Kay Botterill
- LPA reference
- NK/2023/0532
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 22 March 2024
Summary AI
The appeal for a garage conversion to a 1-bedroom dwelling with a two-storey side extension and detached garage was dismissed due to harm to the character and appearance of the area. The proposal would appear prominently and incongruously due to its design and size, conflicting with policy 8 of the North Northamptonshire Joint Core Strategy.
PDF text
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — 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: 02 July 2024 Appeal Ref: APP/M2840/W/24/3337650 76b Rushton Road, Desborough, Northamptonshire NN14 2QD • 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 Mrs Janine Botterill against the decision of North Northamptonshire Council. • The application Ref is NK/2023/0532. • The development proposed is conversion of garage to 1 no. dwelling with two storey side extension and detached garage. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the proposal on the character and appearance of the area and whether the development would provide satisfactory living conditions for its future occupiers with regard to privacy. Reasons Character and appearance 3. The site is located at the junction of Rushton Road and Westmorland Road in a suburban part of Desborough. At present there is a static caravan on the site and a brick built garage used for domestic storage. 4. There is a variety of housing designs locally, and a mix of two-storey houses and bungalows.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision The proposal would be a one and a half storey house with some accommodation at first floor level in the roofspace. In terms of its height and scale therefore, it would be in keeping with its surroundings. 5. The site slopes such that the rear part is significantly higher than its front and Rushton Road. The proposed dwelling would be positioned fairly centrally so would be higher than Rushton Road. However because of its one and a half storey design, it would most likely not be higher than the neighbouring two- storey properties. 6. The design of the dwelling incorporates a tall central gable feature with floor to ceiling glazing at ground and first floor levels. These large areas of glazing would maximise natural light in the property, and so would reduce lighting and heating costs. However due to the dwelling’s elevated position, and because it would be directly facing the road junction, it would appear prominently when approaching the site from the east, and for quite a distance. Although some https://www.gov.uk/planning-inspectorate
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision Appeal Decision APP/M2840/W/24/3337650 houses in the area also have front gable features, none have as much glazing or are as elevated above street level as that proposed. 7. In addition, the proposed garage would be sited very close to the Westmorland Road frontage and would be roughly the size of a triple garage with a hipped roof. It would not be as high up on the site as the existing garage, but would be above the level of Rushton Road. When seen from the junction it would appear to project significantly further forward than the proposed house and, due to its elevated position above the junction, would appear prominently. It would also be further forward than the other development on this side of Westmoreland Road. There is a small garage at No 80 which is closer to Rushton Road, but this is overburdened by mature trees such that it is almost hidden from view. 8. Therefore, the development as a whole would appear incongruous in the street scene contrasting harmfully with the character and appearance of the area due to its uncharacteristic large glazed gable feature and the excessive scale and prominence of the proposed garage. 9.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision Though it is not wholly clear from the plans, the dwelling would appear to not be positioned further forward than the house at No 74. Even if it were, it would not be materially so, and in light of the gap between it and No 74 it would not appear to break the building line. Indeed its distance back from both the Rushton Road and Westmorland Road boundaries would be significant. 10. The house would face the corner of the plot, but this is not unusual in this area. The pair of houses on the corner of Rushton Road and Mayfield Road opposite the site also face the corner, and there are other examples of this arrangement elsewhere along Rushton Road. 11. The dwelling would also incorporate two dormer windows on its front elevation. These would be small in scale and would be similar to that at No 86. These features would not detract from the character or appearance of the area. 12. The majority of its garden would be to the front or side of the dwelling, and there would be a smaller garden area to the rear.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision Although most houses in the area have a more traditional arrangement of rear gardens being larger than front, the corner plots are different and the dwellings at Nos 155 and 157 appear to have rear gardens smaller than their fronts. Furthermore although the garden would be enclosed by fencing along the frontages, this would also not be uncommon in the vicinity with the corner property at No 155 also being enclosed by tall close-boarded fencing along its front. The additional planting proposed for the Rushton Road boundary could be maintained to provide privacy without enclosing the garden oppressively. 13. Nevertheless, because of its gable feature and proposed garage, the proposal would fail to accord with policy 8 of the North Northamptonshire Joint Core Strategy which says that development should respond to the site’s immediate and wider context, local character and topography. Living conditions 14. There is a first floor window at No 76 which directly faces the appeal site and the existing garden there. It would therefore allow for no greater degree of overlooking than could already be experienced when on the appeal site.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision In addition I saw at my site visit that a row of immature conifers had been https://www.gov.uk/planning-inspectorate 2
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision In addition I saw at my site visit that a row of immature conifers had been https://www.gov.uk/planning-inspectorate 2
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision Appeal Decision APP/M2840/W/24/3337650 planted along the west boundary of the site. These trees already provide a degree of screening and this would increase further as they mature. 15. As a result, the development would provide a satisfactory degree of privacy such that the living conditions of the future residents would be acceptable. In this respect the proposal would therefore accord with policy 8 which aims to ensure the amenity of future occupiers is protected by reason of, among other things, overlooking. Other Matters 16. The appellant makes reference to the development being self build. However there is no mechanism before me by which I could ensure the dwelling would be a self build as defined by the National Planning Policy Framework. Likewise apart from being a bungalow, there is no substantive evidence that the dwelling would be adaptable for elderly residents. Indeed there appears to be a small flight of steps between the entrance hall and the open plan kitchen/living /dining room which would make the dwelling difficult for wheelchair users. 17. The site is previously developed land and the Council raise no objection to the principle of a dwelling being provided here.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — Appeal Decision I also recognise that planning permission has been granted for a dwelling here before. However that was over a decade ago when a different local policy framework was in place. These matters therefore have little bearing on my decision. 18. The dwelling would incorporate solar panels and reference is also made to heating and ventilation plant in the garage. Whilst such renewable and energy saving methods are to be welcomed they do not justify the development. Conclusion 19. Although the proposal would provide acceptable living conditions for its future occupiers, it would, overall, harm the character and appearance of the area. It would therefore conflict with the development plan as a whole and there are no other considerations that indicate a decision other than in accordance with the development plan. Therefore the appeal is dismissed.
76B Rushton Road, Desborough, Kettering, Northamptonshire, NN14 2QD — North Northamptonshire — A Owen INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶8
The proposal's large glazed gable feature and excessive scale and prominence would harm the character and appearance of the area, contrasting with the local character and topography.
Living conditions For appellant ¶14
The development would provide a satisfactory degree of privacy for the future residents, with the existing trees and the first floor window at No 76 not allowing for greater overlooking than already experienced.
Policies relied on
| Reference | Weight |
|---|---|
| North Northamptonshire Joint Core Strategy policy 8 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 2 July 2024 under the Open Government Licence.