Case 3344499

3 Natterjack Road , Bedford, Wixams , MK42 6FT

Bedford Borough Council — appeal allowed

Outcome
Allowed
Decision date
4 December 2024
Authority
Bedford Borough Council
Inspector
Bowden N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mrs Stacey Matthews
LPA reference
23/02128/S73A
ONS LPA code
E06000055
Jurisdiction
Transferred
Link status
Not Linked
Start date
8 July 2024

Summary AI

The appeal for retrospective change of use of an external outbuilding to a hairdresser's salon was allowed, subject to conditions. The inspector considered the suitability of the location and the impact on living conditions, and concluded that the proposal was acceptable. Conditions were imposed to restrict hours of use and client numbers, and to ensure that the premises would revert to residential use upon cessation.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision Site visit made on 5 November 2024 by N Bowden BA(Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 4th December 2024 Appeal Ref: APP/K0235/W/24/3344499 3 Natterjack Road, Wixams, Bedford MK42 6FT • 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 Stacey Matthews against the decision of Bedford Borough Council. • The application Ref is 23/02128/S73A. • The development proposed is retrospective change of use of external outbuilding from Class C3 (dwelling house) to Sui Generis to accommodate a Small Hairdresser’s Salon with minor external fenestration alterations. Decision 1. The appeal is allowed and planning permission is granted for change of use of external outbuilding from Class C3 (dwelling house) to Sui Generis to accommodate a Small Hairdresser’s Salon with minor external fenestration alterations at 3 Natterjack Road, Wixams, Bedford MK42 6FT in accordance with the terms of the application, Ref 23/02128/S73A, subject to the following conditions: 1) This permission relates to plan numbers PL02 Rev A and PL04.

Page 1 · Chunk 1 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision 2) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification), the premises shall be used only as a hairdressing salon and for no other purpose including any other use falling within Class E of the said Order. It shall revert back to C3 (dwellinghouse) on cessation of the hairdresser’s salon use. 3) The hairdresser’s salon shall only operate with one client at a time and within the hours of Monday to Friday 09:00 to 18:00 and Saturday 09:00 to 13:00. Only one member of staff may occupy and operate the hairdresser’s salon at any time. Preliminary Matters 2. The application form nominated the description of development as being ‘retrospective’. However, as this is not an act of development I have excluded this reference from my formal decision here. Main Issues 3. The main issues are: 1) Whether the use of the building as a hairdresser’s salon is suitable in this location, and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/24/3344499 2) The effect of the development on the living conditions of the occupants of neighbouring properties. Reasons Suitability of location 4. The appeal site is located within a residential area and is set outside of any designated District, Local or Neighbourhood Centre. As a form of retail use, falling with Use Class E of the Town and Country Planning (Use Classes) Order 1987, to comply with policy 77S of the Bedford Local Plan 2030 (adopted 2020) (BLP), this form of development should be directed to these types of shopping and service centres. 5. However, the proposed use occupies a very small area which is formed in a detached single garage. The business is operated by the appellant only, who also lives at the same address. To all intents and purposes, it amounts to a small home-based business which is of an insufficient size and scale to have a meaningful effect on the hierarchy of town centres as set out in the BLP. Whilst retail uses are listed as being one of the Main Town Centre Uses in policy 77S of the BLP, there is no floorspace requirement that defines this threshold.

Page 2 · Chunk 3 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision In any case, policy 77S contains no provisions which preclude small proposals such as this from occurring in residential areas. Moreover, the suggestion that this proposal should be located in a designated centre is unduly restrictive upon the appellant as the Wixams service centre is not yet complete. 6. I have noted the comparison between this proposal and the appeal at 96 Mile Road, Bedford1. However, that scheme was significantly larger in scale than this proposal as it related to three rooms, had a higher number of cutting chairs and with independent facilities including its own kitchenette unit and reception area. This difference in scale is pivotal in this context. 7. Accordingly, due to the small size of the business, its operation solely by the appellant and lack of other locally available premises, I conclude that it is within a suitable location for the scale of the development and does not conflict with policy 77S of the BLP. Living conditions 8. The operating hours for the premises would be between 09:00 and 18:00 Mondays to Fridays and 09:00 to 13:00 on Saturdays with no more than one customer per hour.

Page 2 · Chunk 4 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision The appellant has indicated that these hours are the maximum ranges and that, in practice, the hours of operation would be significantly less with no business occurring on Fridays or Sundays, half days on Saturdays and only on alternate Tuesdays, Thursdays and Saturdays. Clients would visit with an appointment only. 9. The nature of the business is such that it must operate indoors. One client arriving and leaving per hour is unlikely to generate a significant amount of external noise, traffic and disturbance. Whilst I appreciate that this is a quiet cul-de-sac, it remains a pedestrian through-route and passers-by in excess of the number of visitors to the premises would not be unusual. 1 APP/K0235/W/21/3269460 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision Appeal Decision APP/K0235/W/24/3344499 10. I conclude that the proposal, with conditions to restrict hours of use and client numbers, complies with policy 32 of the BLP insofar as development must minimise and take account of the effects of disturbance on nearby residents and would not affect their living conditions. Other Matters 11. I appreciate the concerns of neighbours regarding the levels of parking provision, especially when the remainder of the cul-de-sac is built out. However, the proposal would only result in one additional vehicle being parked per appointment, with a worst case scenario of two were appointments to cross over, and this would be minimal in the context of the overall estate and surrounding roads. Conditions 12. I have imposed the conditions recommended by the Council with modifications to ensure compliance with the Planning Practice Guidance. I have imposed a condition relating to the approved plans for certainty and a restriction on the hours of use and number of staff. I have further imposed a condition restricting the use of the premises to a hairdresser’s salon only and requiring its reversion to residential use upon cessation. Conclusion 13.

Page 3 · Chunk 6 Appeal Decision

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — Appeal Decision For the reasons given above, I conclude that the proposal would be in a suitable location for the scale of the use and would not affect neighbours living conditions. The material considerations do not indicate that the proposal should be decided other than in accordance with the development plan and therefore the appeal should be allowed.

Page 3 · Chunk 7 N Bowden

3 Natterjack Road , Bedford, Wixams , MK42 6FT — Bedford Borough Council — N Bowden INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Living conditions
For appellant
¶10

The proposal complies with policy 32 of the BLP, which requires development to minimise and take account of the effects of disturbance on nearby residents.

Character and appearance
For appellant
¶4

The proposed use occupies a very small area and is of an insufficient size and scale to have a meaningful effect on the hierarchy of town centres.

Living conditions
For appellant
¶8

The operating hours for the premises would be limited, and clients would visit with an appointment only, generating minimal external noise, traffic, and disturbance.

Policies relied on

Reference Weight
BLP 77S
Moderate
BLP 32
Moderate

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 4 December 2024 under the Open Government Licence.