'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Site visit made on 2 September 2024 by P Terceiro BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 8 October 2024 Appeal Ref: APP/L2250/W/24/3339000 73 Coast Drive, Greatstone, Kent TN28 8NR • 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 Alice Beeken against the decision of Folkestone and Hythe District Council. • The application Ref is 23/1789/FH. • The development proposed is the conversion of an outbuilding to provide a 1 bedroom dwellinghouse. Decision 1. The appeal is dismissed. Preliminary Matters 2. The description of development in the banner heading above is taken from the planning application form. However, I have removed the superfluous words which are not acts of development. 3. This is a retrospective application. The conversion of the outbuilding has already taken place and I have dealt with the appeal on this basis. Main Issues 4. The main issues are: • the effect of the development on the character and appearance of the area; and • whether the development provides adequate living conditions for its occupants with particular regard to private outdoor space.

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Reasons Character and appearance 5. The appeal building is located to the rear of the main dwelling at No 73 Coast Drive (No 73) and backs onto the dunes and beach at Greatstone. The building has a contemporary design and lies within its own plot, which is separated from the main property by a close boarded fence. The appeal building is accessed from Coast Drive via the driveway to the side of the main dwelling. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Reasons Character and appearance 5. The appeal building is located to the rear of the main dwelling at No 73 Coast Drive (No 73) and backs onto the dunes and beach at Greatstone. The building has a contemporary design and lies within its own plot, which is separated from the main property by a close boarded fence. The appeal building is accessed from Coast Drive via the driveway to the side of the main dwelling. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision 6. Coast Drive features a diverse mixture of good-sized dwellings, ranging from contemporary homes, to older, more traditional dwellings. Architecturally, the area showcases a variety of styles and materials, adding to the varied aesthetic of the neighbourhood and the eclectic mixture of housing within the locality. The dwellings are normally accommodated within good-sized plots, generally set out in a linear arrangement. The plot rhythm adds definition to the pattern of development and contributes positively to the layout of the area. Although 87 Coast Drive is located behind the dwellings fronting directly onto the road, its presence is not strongly influencing the character of the area. 7. Many rear gardens of the properties along Coast Drive that face towards the sea contain outbuildings within their rear gardens. These are generally modest structures which appear subservient to their host dwellings. 8. While the appeal building is visible from Coast Drive and from the beach to the rear, in its form it is clearly ancillary to the host dwelling.

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Although there are no external alterations to the appeal building, the development severs this relationship by creating a clearly separate unit of accommodation, with the associated residential paraphernalia and boundary treatments. Set back noticeably from Coast Drive, in tandem with the main dwelling, the position of the appeal building within the overall plot and lack of street frontage causes the dwelling to appear out of place within the locality. 9. Further, the separated dwelling unit is also disproportionately small compared to other dwellings in the vicinity and the outdoor space is atypical of the established pattern of good-sized garden plots, even when considering the plots at Hardy Road. Therefore, the development undermines the plot rhythm by occupying a back-land location in an area where road frontage development is prevalent, to the detriment of the area’s established character. 10. Therefore, the proposal is harmful to the character and appearance of the area, contrary to Policies HB1 and HB10 of the Folkestone and Hythe District Places and Policies Local Plan 2020 (LP).

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Amongst other things, these policies support development that responds to the character and appearance of the area and makes a positive contribution to its surroundings, particularly with regard to layout, scale and proportions. Living conditions 11. LP 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. 12. The outdoor space falls below the 10m depth required by Policy HB3. It is a small and narrow decked area that wraps around the dwelling, so it is unlikely to be used for any meaningful recreational purpose, other than simply sitting out. Private gardens of such modest depth are not characteristic of Coast Drive, so Policy HB3 provides no discretion to divert from the 10m requirement in this case. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision 13. I have taken into consideration the appellants’ opinion that the dwelling is more akin to a flat, which requires the provision of less outdoor amenity space than a house. However, the living accommodation does not form part of a set of accommodation within a larger building. Therefore, whilst the development might be intended for a single person or a couple, the dwelling should still be considered as that. On this basis, I am unconvinced that there is any justification for the provision of a reduced level of external space contrary to Local Plan policy. 14. The proximity to the beach has been identified as a mitigating factor for the size of the outdoor space. However, the beach is a public area and that environment is not a direct substitute for a suitably sized private outdoor space. 15. Therefore, the proposal fails to provide adequate living conditions for its occupants with particular regard to private outdoor space. This is contrary to LP Policies HB3 and HB10, insofar as these policies seek a good level of external amenity. Other Considerations 16.

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision The appellant asserts that the outbuilding has been lived in as an independent dwellinghouse for a few years and therefore such use has become lawful due to the passage of time. However, within the context of an appeal under section 78 of the Act, it is not within my remit to formally determine whether the use of the outbuilding as a dwellinghouse is lawful. Nevertheless, I have no substantive evidence to support the appellant’s claim, even taking into account the anecdotal evidence provided by a third party. As such, I afford limited weight to this position. Other Matter 17. The application site directly backs onto a special area of conservation, a special protection area, Ramsar site and Dungeness, Romney Marsh and Rye Bay Site of Special Scientific Interest. The Conservation of Habitats and Species Regulations 2017 (as amended) requires the decision maker to undertake an Appropriate Assessment (AA) where there are likely significant effects from the proposal, either alone or in combination with other plans or projects. However, regulation 63(1) indicates the requirement for an AA is only necessary where the competent authority is minded giving consent for the proposal.

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Therefore, in view of my overall conclusions resulting in my decision to dismiss the appeal, it has not been necessary to address this in any further detail. Planning Balance and Conclusion 18. The benefits associated with the development arise from increasing the choice of homes and delivering a new house that contributes to the supply of housing within the borough. The site is within the built-up confines of a settlement where residential development is encouraged and benefits from good access to public transport and local services. However, taken together, these benefits are insufficient to outweigh the harm that I have identified above. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — Appeal Decision Therefore, in view of my overall conclusions resulting in my decision to dismiss the appeal, it has not been necessary to address this in any further detail. Planning Balance and Conclusion 18. The benefits associated with the development arise from increasing the choice of homes and delivering a new house that contributes to the supply of housing within the borough. The site is within the built-up confines of a settlement where residential development is encouraged and benefits from good access to public transport and local services. However, taken together, these benefits are insufficient to outweigh the harm that I have identified above. https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000 19. The development conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. For the reasons given above the appeal should be dismissed.

'The Beach House', 73 Coast Drive, Greatstone, New Romney, TN28 8NR — Folkestone and Hythe District Council — P Terceiro INSPECTOR https://www.gov.uk/planning-inspectorate - Appeal Decision APP/L2250/W/24/3339000