39 Rye Road, HODDESDON, EN11 0JE
Broxbourne Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 27 January 2025
- Authority
- Broxbourne Borough Council
- Inspector
- Bowden N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- MR J DELANEY
- LPA reference
- 07/24/0075/F
- ONS LPA code
- E07000095
- Jurisdiction
- Transferred
- Link status
- Child
- Start date
- 15 July 2024
Summary AI
The appeal for a detached dwelling on the rear garden of 39 Rye Road was dismissed due to the impact on the character and appearance of the area and the living conditions of the occupants of the neighbouring property. The proposal would remove the rear garden and replace it with a chalet bungalow style home that would be dominant in its plot and impose on the area. The loss of outlook for the occupants of 39 Rye Road was also a consideration.
PDF text
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — Appeal Decision Site visit made on 7 January 2025 by N Bowden BA(Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 27th January 2025 Appeal Ref: APP/W1905/W/24/3344862 39 Rye Road, Hoddesdon, Hertfordshire EN11 0JE • 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 J Delaney against the decision of Broxbourne Borough Council. • The application Ref is 07/24/0075/F. • The development proposed is the demolition of existing double garage/lean-to structure and erection of two bedroom detached dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have deleted the word ‘resubmission’ which was stated on the application form from the banner heading above as this is not an act of development. 3. The National Planning Policy Framework (the Framework) was revised on 12 December 2024. As the changes to the Framework do not affect the main issues in the case, the parties have not been invited to make further comments in this regard. Main Issues 4.
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — Appeal Decision The main issues are: 1) the effect of the proposed development on the character and appearance of the area, and 2) the effect of the development on the living conditions of the occupants of 39 Rye Road. Reasons Character and appearance 5. The appeal site comprises the rear garden to 39 Rye Road. This property is a detached two storey house addressing Rye Road whereas the appeal site’s road frontage would be to Ivy Terrace. The area in the locality is distinctly mixed in terms of house types and vernacular, ranging from late 19th/early 20th century detached, semi-detached and terraced homes to mid to late 20th century properties. The use of materials, detailing and roof forms are also varied. However, there is uniformity in that the majority of homes address the street with gardens to the rear. Whilst some gardens do feature outbuildings to the gardens, there is still the impression of homes with well-proportioned rear gardens overall. https://www.gov.uk/planning-inspectorate
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — Appeal Decision Appeal Decision APP/W1905/W/24/3344862 6. This proposal would almost completely remove the rear garden to 39 Rye Road and replace this with the proposed detached dwelling. This dwelling would be formed of a chalet bungalow style home with steeply pitched roof and dormer windows. It would fill the majority of the width of its plot addressing Ivy Terrace and form an almost continuous line of buildings formed between 39 Rye Road and the row of homes on Ivy Terrace. 7. The design of the dwelling would be dominant in its plot and the loss of rear garden would present as an imposing form of development that would be detrimental to the character and appearance of the area. The proposal therefore fails to comply with policy DSC1 of the Broxbourne Local Plan 2020 (BLP) and provisions of the Broxbourne Borough-wide Supplementary Planning Guidance 2004/2013 (BSPG) insofar as it would not enhance local character and distinctiveness. Living conditions 8. The proposed dwelling would be located close to the rear facing windows of 39 Rye Road including rear facing living areas. The side wall and steeply sloping roof of the proposed dwelling would be readily visible and in proximity to these rear facing windows.
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — Appeal Decision This would result in a significant loss of outlook for the occupants of the property and would appear overbearing to the detriment of their living conditions. 9. A concurrent appeal1, for the extension and conversion of the dwelling to two flats, indicates that the rear facing living areas to the present dwelling to be changed to a bedroom. As this also represents living accommodation, the reasoning remains the same in terms of a loss of outlook for the occupants. 10. The proposal therefore fails to comply with policy EQ1 of the Broxbourne Local Plan 2020 (BLP) and provisions of the Broxbourne Borough-wide Supplementary Planning Guidance 2004/2013 (BSPG) insofar as it would result in detriment to the amenity of the occupants of a neighbouring property due to a loss of outlook. Conclusion 11. In reaching my conclusions here, I have had regard to the benefits of a net increase of one new dwelling to the housing land supply and that the site is located within an established built-up area. However, this does not alter my overall conclusions that the proposal would be detrimental to the character and appearance of the area and would be detrimental to the living conditions of the occupants of a neighbouring home.
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — Appeal Decision It therefore conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. The appeal is dismissed.
39 Rye Road, HODDESDON, EN11 0JE — Broxbourne Borough Council — N Bowden INSPECTOR 1 APP/W1905/W/24/3344859 https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶5
The proposal would remove the rear garden and replace it with a chalet bungalow style home that would be dominant in its plot and impose on the area.
Living conditions Against appellant ¶8
The loss of outlook for the occupants of 39 Rye Road would be significant due to the proximity of the proposed dwelling to their rear facing windows.
Policies relied on
| Reference | Weight |
|---|---|
| BLP DSC1 |
Determinative |
| BLP EQ1 |
Determinative |
| BSPG |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 27 January 2025 under the Open Government Licence.