Case 3352122

18 Onslow Road, NEWENT, GL18 1TL

Forest of Dean District Council — appeal allowed

Outcome
Allowed
Decision date
13 February 2025
Authority
Forest of Dean District Council
Inspector
Law T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Heartlands Group Ltd
LPA reference
P1251/23/FUL
ONS LPA code
E07000080
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 October 2024

Summary AI

The appeal site is a detached dwelling located in a predominantly residential area. Planning permission was granted for the change of use of the dwellings to a children's home, subject to conditions. The condition in dispute restricts the use for a temporary period of three years due to concerns about potential noise and disturbance impacts on nearby residents. The inspector concluded that this condition was neither reasonable nor necessary, as a noise control plan, good neighbour policy and management statement would be sufficient to control concerns regarding noise and disturbance.

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

PDF text

Page 1 · Chunk 0 by Tamsin Law BSc MSc MRTPI

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13 February 2025

Page 1 · Chunk 1 18 Onslow Road, Newent, Gloucestershire, GL18 1TL

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — 18 Onslow Road, Newent, Gloucestershire, GL18 1TL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Heartlands Group Ltd against the decision of Forest of Dean District Council. • The application Ref P1251/23/FUL was approved on 10 April 2024 and planning permission was granted subject to conditions. • The development permitted is change of use from single dwelling (C3) to small childrens home (C2). • The condition in dispute is No 2 which states that: The use hereby permitted shall cease and the use of the site shall revert to a single family dwellinghouse prior to the expiry of three years from the use hereby permitted commencing. • The reason given for the condition is: A temporary permission is required to enable the Local Planning Authority to assess any adverse noise impacts and general disturbance that may arise as a result of the development hereby granted planning permission, which could result in a loss to amenity for local neighbouring residents. The Local Planning Authority are mindful as to the proximity of neighbouring dwellinghouses in this instance and the fact that this property is not set in spacious grounds.

Page 1 · Chunk 2 18 Onslow Road, Newent, Gloucestershire, GL18 1TL

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — 18 Onslow Road, Newent, Gloucestershire, GL18 1TL A trial period will allow the Local Planning Authority to assess whether the use complies with the provisions of the National Planning Policy Framework; CSP.1 of the Core Strategy Policy and policy AP.1 of the Council's Allocation Plans Policy.

Page 1 · Chunk 3 the front and garden to the rear. There are small gaps between dwellings which

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — the front and garden to the rear. There are small gaps between dwellings which https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 the front and garden to the rear. There are small gaps between dwellings which

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — the front and garden to the rear. There are small gaps between dwellings which https://www.gov.uk/planning-inspectorate Appeal Decision APP/P1615/W/24/3352122 allow for side access. To the rear of the appeal site is a communal parking area serving Russett Way. 5. During my site visit I noted that cars passed the appeal site along Onslow Road. There were some cars parked on the road. My site visit was only snap shot in time and pedestrian and traffic movements are likely to increase when people return from school and work. 6. Planning permission was granted for the change of use of the dwellings so a children’s home, use class C2, subject to a number of conditions. The condition in dispute restricts the use for a temporary period of three years. This is due to the Council being concerned about the potential for the proposed development to have a harmful impact on nearby residents due to noise and disturbance. These concerns are echoed by interested parties. 7. The children’s home would provide care for up to three children between the age of 7 and 17 years. The aim of the proposal is to provide group living that would function like a family home setting. The proposal would employ 11 staff members, working on a rota, with approximately three staff members on site at any one time. 8.

Page 2 · Chunk 5 the front and garden to the rear. There are small gaps between dwellings which

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — the front and garden to the rear. There are small gaps between dwellings which A modest garden to the rear of the appeal building would provide outdoor space for the occupants of the proposed development. Whilst the garden is not extensive, and it is bound by the gardens of several other dwellings, it is a garden that serves a large, detached family dwelling. The use of the garden by three children, and associated staff, would be similar to a family using the garden, as would the associated noise and disturbance. Further, the garden is bound by tall fences, which would limit any disturbance, opportunities for overlooking and screen the garden from the rear gardens or nearby properties. 9. Additionally, a noise control plan, good neighbour policy and management statement for the control of noise was submitted with the application and conditioned as part of the approved scheme. The planning permission requires these to be implemented and annually reviewed. I find that this condition (No 5) would be sufficient to control any concerns raised regarding noise and disturbance. 10. With regards to vehicular movements, the appellant produced technical information, including a parking survey and staff movements.

Page 2 · Chunk 6 the front and garden to the rear. There are small gaps between dwellings which

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — the front and garden to the rear. There are small gaps between dwellings which A review of these by Gloucestershire Highways advised that, when comparing the proposed traffic movements with the existing residential use, there would be no difference in movements. Furthermore, due to the majority of movements being associated with staff changes, these would likely be spread throughout the day rather than concentrated at traditional peak hours. There would be space to accommodate 3/4 vehicles to park to the front of the property. Further, the submitted parking survey observed that ample space along Onslow Road was available for any on street parking needed by visitors to the site. 11. While the proposal may result in slightly more visitors than would be the case if the property were used as a single dwellinghouse (for example the proposal may necessitate occasional visits by a social worker(s) and/or other practitioners), based on the evidence before me I do not find the number of visits, movements and activity would be likely to result in any materially harmful effects upon the living conditions of the occupiers of neighbouring properties. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 the front and garden to the rear. There are small gaps between dwellings which

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — the front and garden to the rear. There are small gaps between dwellings which Appeal Decision APP/P1615/W/24/3352122 12. For the above reasons, I conclude that condition No 2 is neither reasonable nor necessary. Consequently, the removal of condition No 2 would not harm the living conditions of nearby residents. As such, there would be no conflict with policy CSP.1 of the Forest of Dean District Council Core Strategy (2012) and policy AP.1 of the Forest of Dean District Council Allocations Plan (2018). Conclusion 13. For the reasons given above, I conclude that the appeal should succeed. I will vary planning permission Ref P1251/23/FUL by deleting disputed condition No 2.

Page 3 · Chunk 8 Tamsin Law

18 Onslow Road, NEWENT, GL18 1TL — Forest of Dean District Council — Tamsin Law 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
¶9

The inspector found that a noise control plan, good neighbour policy and management statement would be sufficient to control concerns regarding noise and disturbance.

Living conditions
For appellant
¶10-11

The inspector found that the proposed traffic movements would not be likely to result in any materially harmful effects upon the living conditions of the occupiers of neighbouring properties.

Policies relied on

Reference Weight
CSP.1 of the Core Strategy Policy and policy AP.1 of the Council's Allocation Plans Policy
Substantial

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 13 February 2025 under the Open Government Licence.