Case 3355642

125 Park Avenue , Longlevens , Gloucester , GL2 0EQ

Gloucester City Council — appeal dismissed

Outcome
Dismissed
Decision date
14 March 2025
Authority
Gloucester City Council
Inspector
Phillips B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Paul Hartley
LPA reference
24/00147/FUL
ONS LPA code
E07000081
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 November 2024

Summary AI

The appeal for a 2-bedroom dwelling at 125 Park Avenue, Longlevens, Gloucester was dismissed due to harm to the character and appearance of the surrounding area, despite acceptable living conditions for the intended future occupiers.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision Site visit made on 20 February 2025 by B Phillips BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 14 March 2025 Appeal Ref: APP/U1620/W/24/3355642 125 Park Avenue, Longlevens, Gloucester GL2 0EQ • 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 Paul Hartley against the decision of Gloucester City Council. • The application Ref is 24/00147/FUL. • The development proposed is a 2 bed dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Government published in December 2024 a revised version of the National Planning Policy Framework (the Framework). Both main parties have had opportunity to comment on the new Framework and I have taken into account any representation made. 3. Drainage details have been provided as part of the appeal. The Council has confirmed that, subject to conditions, the submitted details are appropriate, and no longer wish to contest this reason for refusal. Main Issues 4.

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision As such, the main issue in this case are: • the effect of the development on the character and appearance of the host dwelling and surrounding area; • the effect of the proposal on the living conditions of the occupiers of neighbouring dwellings with respect to noise and disturbance; and • the effect of the proposal on the living conditions of the occupiers of the host dwelling, No 125 Park Avenue, with respect to the provision of outdoor space. Reasons Character and appearance 5. The appeal site consists of the rear garden area of a two storey semi-detached dwelling. The nearby properties are mostly two storey semi-detached units which face the highway. Whilst some are curtailed by the allotments to the rear, the properties sit within spacious plots with sizable rear gardens. These features contribute positively to the area’s consistent, legible and spacious character. https://www.gov.uk/planning-inspectorate

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision Appeal Decision APP/U1620/W/24/3355642 6. The proposal would introduce a single storey detached dwelling sitting awkwardly next to the rear gardens of its adjacent two storey semi-detached neighbours, set significantly and incongruously behind the highway fronting properties. The proposed dwelling would notably intrude into the open rear garden land and introduce significant built form and areas of hard surfacing. 7. Due to the position of the allotments to the rear, the garden of the host dwelling would not be significantly smaller than the curtailed gardens of nearby residents. It would not appear out of keeping in this respect with the character of the area. 8. Nevertheless, the proposed dwelling’s location would be at odds with the linear pattern of street facing dwellings in the surroundings and its single storey detached nature would be at odds with the general established neighbouring development. It would harm the legible and spacious surrounding character. 9. Whilst mostly obscured from Park Avenue and limited in height, the dwelling would

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision | be visible from the neighbouring properties, and it is unlikely that it could be | | --- | | entirely obscured from view by possible future landscaping. |

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision | be visible from the neighbouring properties, and it is unlikely that it could be | | --- | | entirely obscured from view by possible future landscaping. | entirely obscured from view by possible future landscaping. 10. The appellant points to examples of a similar new development nearby, however little detail is provided and as such, comparison with the scheme before me is not possible. Notwithstanding this, these particular developments are some distance from the appeal site and therefore do not form part of the immediate surrounding built context. It is also not demonstrated that the policy context for these applications was the same as the proposal before me. 11. I conclude that the development would harm the character and appearance of the surrounding area. Accordingly, the proposal conflicts with the requirements of policies SD.10 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (2017) (CS) which requires housing of an appropriate density compatible with good design. Living conditions - neighbouring occupiers 12. The access to the proposed dwelling would run between No 125 and No 123. It would run next to the attached garage of No 123, and the existing garage of No 125 would be removed.

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision As such, in combination with a condition securing appropriate boundary treatment, were I minded to allow the appeal, the access and parking area would result in limited visual intrusion from car headlights or pedestrians to both these properties. 13. Any noise from the development would be limited to that associated with a residential use and would not therefore be uncharacteristic in the rear garden area. Given that the scheme is for 1 dwelling, noise and disturbance would not be increased to a level that would harm the living conditions of neighbouring occupiers. 14. The proposal would therefore not harm the living conditions of the occupiers of neighbouring dwellings with respect to noise and disturbance. There is no conflict therefore with the protection of amenity goals of CS Policy SD.14. Living conditions – host property 15. The development would result in a reduced garden size for the host property. However, sufficient space would remain to accommodate a patio area with an area https://www.gov.uk/planning-inspectorate 2

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision Appeal Decision APP/U1620/W/24/3355642 for seating upon it. It would also be able to accommodate domestic items associated with a modest family sized dwelling such as some play equipment and clothes drying area. It would not be cramped or an unpleasant area to spend time in and would be usable. 16. Acceptable living conditions to the intended future occupiers would be provided, therefore. There is no conflict with the high-quality development and protection of amenity goals of CS Policy SD.14. Other Matters 17. Policy E6 of the Gloucester City Plan (2023) seeks to ensure development does not affect the integrity of the Cotswold Beechwoods Special Area of Conservation (SAC), either alone or in combination with other projects. The Council is concerned that the additional residential unit would increase recreational pressure on the SAC. It is suggested that mitigation in the form of contributions to address the ill- effects of the development are required. However, I am dismissing the appeal for other reasons and so there is no need for me to consider this matter further. 18.

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — Appeal Decision The proposal would result in an additional unit of accommodation which would contribute to the Government’s broader objective of significantly boosting the supply of homes. The proposal would also result in short-term economic benefits arising from the construction process, and, once complete, an on-going benefit to the economy through spend by residents in the local economy and the support to local services, facilities and related employment. Nonetheless, given the quantum of development in this case, these benefits all have a minor weight in favour of the scheme. Conclusion 19. The identified harm means the proposal would not accord with the development plan policies when read as a whole. The benefits and other considerations are of insufficient weight to justify granting planning permission contrary to the development plan. As such, I conclude that the appeal is dismissed.

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125 Park Avenue , Longlevens , Gloucester , GL2 0EQ — Gloucester City Council — B Phillips 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

Character and appearance
Against appellant
¶6

The proposed dwelling would introduce a single storey detached dwelling sitting awkwardly next to the rear gardens of its adjacent two storey semi-detached neighbours, set significantly and incongruously behind the highway fronting properties.

Living conditions
For appellant
¶14

The proposal would not harm the living conditions of the occupiers of neighbouring dwellings with respect to noise and disturbance.

Living conditions
For appellant
¶16

The development would result in a reduced garden size for the host property, but sufficient space would remain to accommodate a patio area and domestic items.

Policies relied on

Reference Weight
SD.10 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy (2017)
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 14 March 2025 under the Open Government Licence.