Case 3338358

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ

Telford and Wrekin Council — appeal allowed

Outcome
Allowed
Decision date
12 July 2024
Authority
Telford and Wrekin Council
Inspector
Moulton E
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Andrew Holland
LPA reference
TWC/2022/0982
ONS LPA code
E06000020
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 April 2024

Summary AI

The inspector found that the proposed development would not harm the character and appearance of the area, and would not have an unacceptable effect on the living conditions of the occupiers of nearby properties. The development was considered to be acceptable and would not set a precedent for harmful developments on other sites.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision Site visit made on 25 June 2024 by Elaine Moulton BA (Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 12 July 2024 Appeal Ref: APP/C3240/W/24/3338358 11 Strine Way, Newport TF10 7RJ • 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 Andrew Holland against the decision of Telford and Wrekin Council. • The application Ref is TWC/2022/0982. • The development proposed is a new detached dwellinghouse and alterations to existing access following demolition of existing garage. Decision 1. The appeal is allowed and planning permission is granted for a new detached dwellinghouse and alterations to existing access following demolition of existing garage at 11 Strine Way, Newport TF10 7RJ in accordance with the terms of the application, Ref TWC/2022/0982, subject to the conditions in the attached schedule. Main Issues 2. The main issues are the effect of the proposal on: • the character and appearance of the area; and • the living conditions of the occupiers of 17 Mere Close with particular regard to outlook. Reasons Character and appearance 3.

Page 1 · Chunk 1 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision The appeal site lies within a residential area primarily characterised by linked detached dwellings of varying designs. The site forms an underused part of the side garden to 11 Strine Way (No 11) and extends along the side boundary with 36 Strine Way (No 36). The dwellings on Strine Way are set back from the road behind open small front gardens and have a broadly consistent building line. 4. The proposed dwelling would share the access to No 11 directly from the cul- de-sac turning head and would not have a road frontage. It would be set back from the front elevation of No 11 and would extend beyond its rear elevation. Even so, it would follow the building line of the row of dwellings it would extend and, as such, would be sited in a visually coherent and complimentary location. Furthermore, the proposed dwelling would be of a form, massing and facing materials that would be comparable to the prevailing character, and the extent of hard surfacing within the site would not materially increase. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision Appeal Decision APP/C3240/W/24/3338358 5. Overall, I consider that the proposal would not appear contrived or incongruous within the street scene. Notwithstanding the absence of a road frontage, the proposal would assimilate into its surrounds and represent an acceptable form of development. 6. Therefore, I conclude that the proposed development would not harm the character and appearance of the area and would accord with Policies BE1 of the Local Plan (LP) and the National Planning Policy Framework (the Framework) which require, amongst other things, that development has regard to the character and appearance of its location. In addition, it would not conflict with the presumption in favour of sustainable development set out in LP Policy SP4. 7. LP Policy SP1 has also been referenced in the first reason for refusal. However, as the appeal site is not located in Telford such a policy is not relevant to the determination of this appeal. Living conditions 8. 17 Mere Close (No 17) has a long rear garden that slopes down towards an extensive area of open land. The front elevation of the proposed dwelling would be sited approximately halfway between the rear elevation of No 17 and its rear garden boundary. 9.

Page 2 · Chunk 3 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision The proposed dwelling would be viewed at an oblique angle from the rear facing windows of No 17. Given this relationship and taking into consideration the separation distance and the lower ground level of the proposed dwelling, it would not have a dominating or overbearing effect on the outlook from such rear facing windows. 10. The proposed finished floor level of the dwelling would be higher than the part of the garden of No 17 that it would adjoin. Nevertheless, as it would only extend along a relatively short section of the side boundary it would not create a visual intrusion to the extent that it would unacceptably diminish the occupants’ enjoyment of their garden. 11. While not raised by the Council, concern has been expressed about the impact of the proposal on the living conditions of the occupants of No 36. However, the proposed dwelling would not have an unacceptable effect on the outlook from any principal windows of that property as it would adjoin the side elevation. Additionally, the amount of overlooking of its garden would be similar to the levels that are typical and accepted within most residential areas. 12.

Page 2 · Chunk 4 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision I therefore find that the proposal would not harm the living conditions of the occupiers of No 17 with regard to their outlook and would accord with LP Policy BE1 and the Framework which, amongst other things, requires that development does not have a significant adverse impact on neighbouring properties. Other Matters 13. Concerns have been raised with regards to the potential for noise during construction. However, given the small scale of the proposed development, any disturbance during the construction period would be short-term and could be controlled through the imposition of a condition. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 5 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision I therefore find that the proposal would not harm the living conditions of the occupiers of No 17 with regard to their outlook and would accord with LP Policy BE1 and the Framework which, amongst other things, requires that development does not have a significant adverse impact on neighbouring properties. Other Matters 13. Concerns have been raised with regards to the potential for noise during construction. However, given the small scale of the proposed development, any disturbance during the construction period would be short-term and could be controlled through the imposition of a condition. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision Appeal Decision APP/C3240/W/24/3338358 14. Several other concerns have been raised by interested parties, including drainage, parking and traffic movements, the suitability of the land for development, flood risk, and impact on biodiversity. The Council has not indicated that it shares any of these concerns and I have not been presented with any substantive evidence that would lead me to conclude otherwise. 15. I consider that the appeal scheme is acceptable, for the reasons set out above, and there is no compelling evidence before me to demonstrate that it would set a precedent that would lead to harmful developments on other sites. Conditions 16. The Council has suggested a number of conditions which I have considered against the Framework and Planning Practice Guidance. As a result, I have made some amendments to the wording for clarity and consistency. 17. In the interests of certainty, I have attached a condition specifying that the development is carried out in accordance with approved plans. As the approved plans also set the finished floor level such a condition is also necessary to avoid the risk of flooding.

Page 3 · Chunk 7 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision Additionally, I have imposed a condition to ensure the adequate drainage of the site to prevent pollution and to avoid flooding. 18. To ensure the satisfactory appearance of the proposed development, I have considered it necessary to attach conditions relating to facing materials and hard and soft landscaping. In the absence of evidence that demonstrates otherwise, I have not considered it necessary to specify that the landscaping proposals include the details suggested by the Council. 19. I include conditions to ensure that the construction process is suitably controlled and its effects on the surroundings are minimised. This must be a pre-commencement condition to ensure controls are agreed and can be implemented prior to the start of any construction works. 20. A condition requiring the provision of parking is necessary to ensure that the development does not adversely affect highway safety. Also, in the interests of nature conservation, the installation of bird and bat accommodation are required. 21. The Council has set out, within the list of recommended conditions, several informatives. These would have no legal effect, and I have not, therefore, included them in the decision.

Page 3 · Chunk 8 Appeal Decision

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Appeal Decision Nonetheless, the appellant has had sight of the Council’s statement of case and should be aware of the contents of them. Conclusion 22. For the reasons given above, having regard to the development plan as a whole and all relevant material considerations, I conclude that the appeal should be allowed.

Page 3 · Chunk 9 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 10 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton INSPECTOR https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton Appeal Decision APP/C3240/W/24/3338358 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 0066 – P – 003 Rev B Proposed Floor Plans 0066 – P – 004 Rev A Proposed Elevations 0066 – P – 005 Rev D Proposed Block Plan 0066 – P – 006 Rev C Proposed Location Plan 0066 – P – 007 Rev H Proposed Site Levels Plan 0066 – P – 008 Indicative Site Sections 3) No development shall take place until a scheme has been submitted to and approved in writing by the local planning authority for: • Location of the site compound. • Parking of vehicles of site personnel, operatives and visitors. • Loading and unloading of plant and materials. • Storage of plant and materials used in constructing the development. • Prevention of mud being deposited on the highway. • Hours of operation of construction works and other works on the site. • The erection and maintenance of security hoardings. Each of the facilities shall be maintained throughout the course of construction of the development free from any impediment to its designated use.

Page 4 · Chunk 12 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton 4) Prior to its installation, details of a scheme for foul drainage and surface water drainage shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be completed before the development is first occupied and thereafter maintained as such. 5) Prior to the commencement of above ground works, details of types and colours of all external materials, including hard surfacing, shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 6) Prior to the commencement of above ground works, details of both hard and soft landscaping shall be submitted to and approved in writing by the local planning authority.

Page 4 · Chunk 13 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton All planting, seeding or turfing comprised in the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species by the end of the first available planting season. 7) The development hereby permitted shall not be brought into use until the car parking shown on the approved plans has been provided, properly laid out, hard surfaced and drained, and the space shall be maintained thereafter free of any impediment to its designated use. 8) Prior to the first occupation of the dwelling hereby permitted, the following artificial nesting and/or roosting boxes shall be installed in accordance with https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 14 Elaine Moulton

Land adjacent to 11 Strine Way, Newport, Shropshire, TF10 7RJ — Telford and Wrekin Council — Elaine Moulton Appeal Decision APP/C3240/W/24/3338358 details which shall have been submitted to and approved in writing by the local planning authority beforehand. • Two woodcrete bat boxes or integral bat features suitable for nursery or summer roosting for small crevice dwelling bat species. • One woodcrete artificial nesting box suitable for bird species such as robins, blackbirds and tit species. • One woodcrete artificial nesting box suitable for house sparrows. https://www.gov.uk/planning-inspectorate 5

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶3

The inspector considered that the proposed dwelling would be comparable to the prevailing character, and would not have a road frontage, but would still follow the building line of the row of dwellings it would extend.

Character and appearance
Against appellant
¶5

The inspector considered that the proposed dwelling would assimilate into its surrounds and would not appear contrived or incongruous within the street scene.

Living conditions
For appellant
¶8

The inspector found that the proposed dwelling would not have a dominating or overbearing effect on the outlook from the rear facing windows of No 17.

Living conditions
For appellant
¶11

The inspector found that the proposed dwelling would not have an unacceptable effect on the outlook from any principal windows of No 36.

Other
Against appellant
¶14

The inspector considered that the appeal scheme was acceptable, and there was no compelling evidence to demonstrate that it would set a precedent for harmful developments on other sites.

Policies relied on

Reference Weight
LP Policy BE1
Determinative
LP Policy SP1
Limited
LP Policy SP4
Determinative
NPPF 208
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 12 July 2024 under the Open Government Licence.