F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ
Rotherham Metropolitan Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 22 August 2024
- Authority
- Rotherham Metropolitan Borough Council
- Inspector
- Bromley N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor retail and services
- Appellant
- Mr Safa Ibrahim
- LPA reference
- RB2023/1510
- ONS LPA code
- E08000018
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 5 June 2024
Summary AI
The appeal for a shop extension and external steel staircase was dismissed due to concerns over the staircase's impact on the character and appearance of the property and surrounding area, and its potential to harm the living conditions of neighboring residents.
PDF text
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision Site visit made on 8 August 2024 by N Bromley BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 22 August 2024 Appeal Ref: APP/P4415/W/24/3342102 192 Ferham Road, Holmes, Rotherham S61 1DZ • 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 Safa Ibrahim against the decision of Rotherham Metropolitan Borough Council. • The application Ref is RB2023/1510. • The development proposed is extension to existing shop at ground floor and formation of new external steel staircase. Decision 1. The appeal is dismissed. Preliminary Matter 2. The Council’s reason for refusal clearly relates to the new external staircase and no concerns are raised with the extension to the existing shop at ground floor. I have no reason to come to a different conclusion on that element of the proposals and I have determined the appeal on that basis. Main Issues 3.
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision The main issues are the effect of the proposed new external staircase on: • the character and appearance of the host property and surrounding area; and • the living conditions of the neighbouring occupiers of 108 Psalters Lane, with particular regard to privacy. Reasons Character and appearance 4. The appeal property is a small, detached, two storey building located at the end of a row of terrace properties along Ferham Road. The building occupies a prominent position, close to the junction with Psalters Lane. 5. The surrounding area is characterised by a mix of residential and small commercial properties with industrial uses in the wider area. The building operates as a shop at ground floor with a small one bedroom flat at first floor. Access to the flat is taken from the small, rear yard area, through an external door at ground floor. 6. The proposed staircase would provide external access from the yard area to the first floor flat. Its appearance, due to its steel construction and functional form, https://www.gov.uk/planning-inspectorate
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4415/W/24/3342102 would be utilitarian. Furthermore, in the context of the modest building and small yard area, it would be a large structure that would dominate and overwhelm the rear of the building. Therefore, it would be a stark and unsightly addition to the building. 7. The corner plot position of the property and the height and form of the staircase would result in the upper parts of the staircase being visible above the brick wall on the side boundary at the rear. Therefore, it would be visible from vantage points along Psalters Lane and the busy A6109. 8. While I acknowledge that there are commercial premises and industrial buildings nearby, the utilitarian appearance of the structure, would be incongruous within the context of the existing buildings. In addition, its highly visible position on the property, would also result in unacceptable visual harm to the street scene. 9. For the collective reasons outlined above, I conclude on this main issue that the proposed new external staircase would be unacceptably harmful to the character and appearance of the host property and the surrounding area.
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision The proposal therefore conflicts with the aims of Policy SP55 of the Sites and Policies Document (June 2018) (the S&PD) and the Householder Design Guide, Supplementary Planning Document, Adopted June 2020 (SPD), which together and amongst other things, requires high quality development that positively contributes to the local character and distinctiveness of the area and allow the original building to remain dominant. These policies are consistent with the aspirations for high quality design set out in the National Planning Policy Framework (the Framework). Living conditions 10. The proposed external staircase would be located adjacent to the shared boundary with 108 Psalters Lane (No 108), a small, two storey, end of terrace property. No 108 has windows in its rear elevation, located close to the boundary. Whilst the parties have not established what internal rooms the windows of No 108 serve, the location would suggest that they serve habitable rooms. 11. The new first floor external door and landing area at the top of the proposed external staircase, would be in frequent use by the occupiers of the appeal property.
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision Therefore, due to the short separation distance and juxtaposition between the top of the staircase and the neighbouring window, there would be clear intervisibility between the two. Consequently, the proposal would result in an unacceptable loss of privacy to the occupiers of No 108. 12. For the above reasons, the proposed new external staircase would unacceptably harm the living conditions of the neighbouring occupiers of 108 Psalters Lane, with particular regard to privacy. Therefore, the proposal would fail to accord with Policy SP55 of the S&PD and the guidance of the SPD, which together and amongst other things, requires all development proposals to be of high quality, which create decent living and working environments. 13. In addition, the proposal would fail to accord with the objectives of the Framework, which seeks to ensure a high standard of amenity for existing and future users of land and buildings. https://www.gov.uk/planning-inspectorate 2
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4415/W/24/3342102
F H F Supermarket, 192 Ferham Road, ROTHERHAM, S61 1DZ — Rotherham Metropolitan Borough Council — INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶4-9
The proposed staircase would dominate and overwhelm the rear of the building, and its utilitarian appearance would be incongruous with the existing buildings. Its visibility from vantage points along Psalters Lane and the busy A6109 would also result in unacceptable visual harm to the street scene.
Living conditions Against appellant ¶10-12
The proposed staircase would result in clear intervisibility between the top of the staircase and the neighboring window, leading to an unacceptable loss of privacy for the occupants of 108 Psalters Lane.
Policies relied on
| Reference | Weight |
|---|---|
| SP55 of the Sites and Policies Document (June 2018) and the Householder Design Guide, Supplementary Planning Document, A |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 22 August 2024 under the Open Government Licence.