Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision Site visit made on 25 March 2025 by A Phillips MPlan BA CertHE MRTPI an Inspector appointed by the Secretary of State Decision date: 7 April 2025 Appeal Ref: APP/W0530/W/24/3355463 Land adjacent to 14 Dogget Lane, Fulbourn, Cambridgeshire CB21 5BT • 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 Atomica Ltd against the decision of South Cambridgeshire District Council. • The application Ref is 23/03403/FUL. • The development proposed is Full application for the erection of two four bedroom, predominantly one and a half storey, detached dwellings with associated landscaping and infrastructure works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The site address has been updated as while the application form refers to the site being 16 Dogget Lane, it has now become a separate parcel of land. On this basis the site address from decision notice has been used, as this best reflects the site’s location. 3. The appellant has sought to amend the plans during the appeal. The additional details regarding cycle stores could be accommodated, as these could be conditioned if the appeal was to be allowed.

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision While it could be possible to condition bin collection points, this would need additional supporting information to clarify its impact upon biodiversity net gain. The change in location of dormer windows and creation of additional rooflights is a substantial change given the nature of the scheme and 4th reason refusal. With nearby residents not having had reasonable opportunity to comment on the proposal, the amended plans are not accepted, and the appeal will be judged on those listed in the decision notice. Main Issues 4. The main issues are: • The effect on the character and appearance of the local area, with particular regard to back land development. • The suitability of the collection point for waste and recycling bins. • The provision of cycle storage. • The effect of the proposed dwellings on the living conditions of neighbouring properties, with particular regard to privacy. https://www.gov.uk/planning-inspectorate

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3355463 Reasons Character and appearance 5. The site is located to the rear of 14 Dogget Lane and the proposed dwellings would be publicly visible from both Dogget Lane and Geoffrey Bishop Avenue. Most dwellings on Dogget Lane face directly towards the public highway, with the only spotted exception being 5A Dogget Lane that is an example of backland development. In addition, the site already appears to benefit from the approval of one dwelling (22/04497/FUL) that both the appellant and Council refer to as site history, though no other supporting information has been provided regarding this previous approval. 6. With there being several examples of development in depth within the local area, including within the ‘Residential Estates’ area defined within the Fulbourn Neighbourhood Plan, the proposal is considered to be in keeping with the overall character of the local area. The proposal therefore complies with Policies HQ/1, S/7 and H/16 of the South Cambridgeshire Local Plan 2018 (Local Plan) and Policies FUL/06 and FUL/07 of the Fulbourn Neighbourhood Plan 2023, which all seek to ensure development is in keeping with the character of the area. Collection point 7.

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision Policy H/16 of the Local Plan does not mention refuse/recycle collection. It has also not been explained how this policy is relevant to this issue in the appeal, so it neither weighs in favour of nor against the proposal. 8. The site plan does not demonstrate where the collection point would be. Given the size of the plots and the size of the landscaped verges along the driveway it is considered possible to provide both convenient and accessible locations to store bins and for collection. However, given that this could alter the biodiversity improvements on site it would not be as simple as adding a condition to require altered soft/hard landscaping. 9. Therefore, the development would be contrary to Policy HQ/1 of the Local Plan, as the proposal has not demonstrated that there would be convenient and accessible provision for recycling and collection. Cycle storage 10. Policy HQ/1(i) of the Local Plan seeks to ensure ‘safe, secure, convenient and accessible’ cycle parking is provided. While not referred to in the reason for refusal Policy TI/3 requires each plot to have space for four bicycles.

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision The proposal only demonstrates space for one bicycle per plot and Plot 1 it would not be convenient to access the bicycle given the proximity to Plot 2’s fence. On this basis the proposal does not comply with Policies HQ/1 or TI/3 of the Local Plan. 11. The Council acknowledges that it’s concerns could be overcome by way of a condition in the Delegated report, though has not suggested wording in its appeal statement with the other recommended conditions. I am of the same view that a pre-occupation condition could be used to overcome this to ensure compliance with HQ/1(i) and TI/3 of the Local Plan. On this basis, it would be unreasonable to dismiss this appeal on this ground. Privacy of adjoining properties https://www.gov.uk/planning-inspectorate 2

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision Appeal Decision APP/W0530/W/24/3355463 12. Regarding 12 Dogget Lane, Plot 1 would likely have the greatest impact. However, given the distance between the proposed dormer windows, the angles to No.12’s windows and the size of the garden of No.12 the impact to this neighbouring property is not considered to be detrimental. 13. Concerning 14 Dogget Lane, Plot 1 would again have the greatest impact. The proposed dormer windows on the elevation facing No.14 would look directly into this property’s private amenity space and ground floor rear facing windows. It is considered that this would cause detrimental harm to current and future occupiers’ privacy. 14. Pertaining to 1a Geoffrey Bishop Avenue, Plot 2 would have the greatest impact. Given the small size of 1a’s garden and the location of it’s conservatory, it is likely that the proposed dormer facing towards this property would cause detrimental loss of privacy. 15. Concerning 51 School Lane, it is agreed with the Council that the proposal will not have a detrimental impact upon the residents of this neighbouring property. 16. Regarding 53 and 55 School Lane that both benefit from outbuildings that will obscure potential views from the dormers of Plots 1 and 2.

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — Appeal Decision In addition, given the distances and the size of gardens of No.53 and 55 there is not considered to be any detrimental impact to these residents’ enjoyment of their properties. 17. Given the proposal will lead to unacceptable overlooking to the residents of 14 Dogget Lane and 1a Geoffrey Bishop Avenue it therefore conflicts with Policies HQ/1 and H/16 of the Local Plan, which seek to protect neighbouring residents’ privacy from new development. Other Matters 18. The appellant states that the Council has not proactively engaged with them. But the way in which the Council has dealt with the application is not a matter for me to consider in an appeal under section 78. Conclusion 19. The proposal conflicts with the development plan and there are no other considerations that outweigh this conflict. For the reasons outlined above, I conclude that the appeal should be dismissed.

Land Adjacent To Dogget Lane, Fulbourn, Cambridge, Cambridgeshire, CB21 5BT — South Cambridgeshire District Council — A Phillips INSPECTOR https://www.gov.uk/planning-inspectorate 3