146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE
Rotherham Metropolitan Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 9 January 2025
- Authority
- Rotherham Metropolitan Borough Council
- Inspector
- Clark L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr & Mrs Fletcher
- LPA reference
- RB2024/0855
- ONS LPA code
- E08000018
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 12 September 2024
Summary AI
The appeal for a single-storey extension to provide office and storage space was dismissed due to the negative impact on the living conditions of the neighboring property.
PDF text
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — Appeal Decision Site visit made on 3 December 2024 by L Clark MSc MRTPI Decision by John Morrison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 9th January 2025 Appeal Ref: APP/P4415/W/24/3350174 146 Wales Road, Kiveton Park, Rotherham S26 6RE • 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 & Mrs Fletcher against the decision of Rotherham Metropolitan Borough Council. • The application Ref is RB2024/0855. • The development proposed is the erection of single storey extension to provide ancillary office and storage space. Decision 1. The appeal is dismissed. Appeal Procedure 2. The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal. Preliminary Matter and Main Issue 3. The description above is taken from the application form that also refers to the retrospective nature of the appeal scheme which the Council have confirmed. The main issue, with this in mind, is the effect of the scheme on the living conditions of the occupiers of 144 Wales Road (No.
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — Appeal Decision 144) with particular regard to outlook and light. Reasons for the Recommendation 4. The appeal site is a yard area to the rear of a detached commercial premises. It sits immediately alongside the narrow garden of the neighbouring property, No. 144, which also benefits from a brick outbuilding that forms part of the rear boundary and restricts some views into the site. 5. The extended part sits on the boundary with No.144 and runs along the entire length of their rear garden. The wall is featureless and is of a substantial size. Its scale and plainness make the experience of the garden oppressive and garners a strong sense of enclosure, detrimentally affecting the outlook from both the garden and the rear ground floor windows of No. 144. This boxing in effect to the garden also further restricts the light into their site. 6. The development is therefore contrary to Policy SP 55 of the Rotherham Local Plan 2018 that is concerned with properties being protected from overshadowing amongst other things. https://www.gov.uk/planning-inspectorate
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — Appeal Decision Appeal Decision APP/P4415/W/24/3350174 Other Matters 7. There remains dispute as to the height of the development compared to the previous wall or an extant permission for a similar extension. However, it is not in doubt that the development is more than marginally taller than either of the above and therefore the potential fallback position does not change my findings. Prior to the development, the occupiers of No. 144 already had a limited outlook from their garden and rear windows, but the height of the extension makes this worse. 8. The appellants have drawn my attention to the previous boundary treatment that included trees. I have limited information on their height, density, type and whether they would or could have been retained going forwards. In any event, they are no longer on site and the scheme presents a solid brick wall which, for the reasons I have explained, is harmful to the living conditions of the occupiers of No 144. Conclusion and Recommendation 9. For the reasons given above, the appeal scheme would conflict with the development plan and there are no sufficiently weighty material considerations to indicate a decision other than in accordance therewith.
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — Appeal Decision I therefore recommend that the appeal should be dismissed.
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — L Clark APPEAL PLANNING OFFICER Inspector’s Decision 10. I have considered all the submitted evidence and my representative’s report and on that basis the appeal is dismissed.
146 Wales Road, Kiveton Park, SHEFFIELD, S26 6RE — Rotherham Metropolitan Borough Council — John Morrison INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶5
The extension would restrict the light into the neighboring property and create an oppressive feeling in their garden, negatively affecting their outlook.
Living conditions Against appellant ¶6
The extension would further restrict the light into the neighboring property and create a boxing in effect, negatively affecting their outlook.
Planning obligations Against appellant ¶9
The extension would conflict with the development plan and there were no sufficient material considerations to justify a decision against the plan.
Policies relied on
| Reference | Weight |
|---|---|
| SP 55 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 9 January 2025 under the Open Government Licence.