Case 3347856

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE

East Suffolk — appeal dismissed

Outcome
Dismissed
Decision date
3 February 2025
Authority
East Suffolk
Inspector
Astley-Serougi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Other minor developments
Appellant
Mr David Moss
LPA reference
24/0605/VOC
ONS LPA code
E07000244
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 August 2024

Summary AI

The appeal for a workshop extension was dismissed due to the increased height and massing of the workshop causing harm to the living conditions of the occupants of a neighbouring property.

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

PDF text

Page 1 · Chunk 0 by B Astley-Serougi BA(Hons) LLM MSc MRTPI

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — by B Astley-Serougi BA(Hons) LLM MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 3rd February 2025

Page 1 · Chunk 1 Snape Garage, Church Road, Snape, Suffolk IP17 1QE

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — Snape Garage, Church Road, Snape, Suffolk IP17 1QE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land carried out without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr David Moss of Snape Motor Company against the decision of East Suffolk Council. • The application Ref 24/0605/VOC, dated 16 February 2024, was refused by notice dated 10 April 2024. • The application sought planning permission for enclosed workshop extension, to be used for light repairs to vehicles without complying with a condition attached to planning permission Ref DC/23/0458/FUL, dated 17 October 2023. • The condition in dispute is No 2 which states that: The development hereby permitted shall be completed in all respects strictly in accordance with 6415-3 received 3/2/2023, for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.

Page 1 · Chunk 2 Snape Garage, Church Road, Snape, Suffolk IP17 1QE

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — Snape Garage, Church Road, Snape, Suffolk IP17 1QE • The reason given for the condition is: For the avoidance of doubt as to what has been considered and approved.

Page 1 · Chunk 3 which have been made.

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — which have been made. 1 Planning Application Ref: DC/23/0458/FUL https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 which have been made.

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — which have been made. 1 Planning Application Ref: DC/23/0458/FUL https://www.gov.uk/planning-inspectorate Appeal Decision APP/X3540/W/24/3347856 4. The Council’s reason for refusal sets out that its concerns in respect of the ‘as built’ development as shown on the amended plans is the consequence of the height and massing of the workshop on the living conditions of neighbouring residents. Therefore, the main issue is the effect that varying the condition would have on the living conditions of the occupants of 2 The Glebes (no 2), with regard to outlook and sunlight. Reasons 5. The single storey workshop has a single bay and flat roof. It is located to the rear of the appeal site and is on a higher land level than no 2. The workshop is 0.2m higher and 2m greater in depth than the approved workshop. It has retained the 0.6m gap from the boundary fence with no 2. However, the boundary fence tapers away from the workshop and results in an approximate 1.4m gap at the widest point. 6. The neighbouring property, no 2, is adjacent to the main garage building and its garden is located to the side of the dwelling and widens to the east. Its external amenity space is small and the property itself is close to the boundary of the appeal site.

Page 2 · Chunk 5 which have been made.

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — which have been made. There are a number of outbuildings in the garden of no 2, one of which is located close to the boundary of the appeal site. Additionally, there is a lean-to side extension adjacent to the appeal site which results in a smaller amenity space. 7. The increase in height of the workshop results in it being 1.1m taller than the boundary fence and considerably taller than the outbuildings belonging to no 2. Given the proximity of the workshop to no 2, an addition of 0.2m to the previously approved 0.9m accumulatively results in the height of the workshop being overly dominant and creates a sense of enclosure, especially in relation to the small garden of no 2 and the rear windows of the dwelling. Additionally, considering the workshop is located to the south of no 2, this increase in height results in the reduction of sunlight into the garden of no 2 and consequently results in harm to the living conditions of the occupants of no 2 in relation to their private external amenity space. 8. The development projects nearly in line with the rear elevation of no 2 and therefore is almost the length of the amenity space. The tapering of the boundary results in a 1.4m gap between the workshop and the fence at the widest point.

Page 2 · Chunk 6 which have been made.

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — which have been made. Whilst this is a larger gap than the 0.6m which was deemed acceptable in the previous permission, when considered in conjunction with the height of the workshop, the extra two metres further exacerbates its dominating effect upon the external amenity space of no 2. 9. In conclusion, the workshop results in unacceptable harm to the living conditions of no 2, with regard to outlook and sunlight. It therefore follows that a variation of condition 2 would conflict with Policies SCLP11.1 and SCLP11.2 of the East Suffolk Council – Suffolk Coastal Local Plan 2020. These policies seek to ensure, amongst other things, that developments respond to their local context, are well related to their surroundings and not result in harm to the living conditions of the occupants of neighbouring dwellings. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 which have been made.

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — which have been made. Appeal Decision APP/X3540/W/24/3347856 Conclusion 10. The proposal 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.

Page 3 · Chunk 8 B Astley-Serougi

Snape Motor Co, Church Road, Snape, SAXMUNDHAM, IP17 1QE — East Suffolk — B Astley-Serougi 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
Against appellant
¶7

The workshop's increased height and proximity to the neighbouring property result in reduced sunlight and a sense of enclosure, causing harm to the living conditions of the occupants.

Living conditions
Against appellant
¶9

The workshop's dominating effect on the external amenity space of the neighbouring property results in unacceptable harm to the living conditions of the occupants.

Policies relied on

Reference Weight
Policies SCLP11.1 and SCLP11.2 of the East Suffolk Council – Suffolk Coastal Local Plan 2020
Determinative

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 3 February 2025 under the Open Government Licence.