Case 3361337

31 The Gossamers, WATFORD, WD25 9AW

Watford Borough Council — appeal allowed

Outcome
Allowed
Decision date
9 June 2025
Authority
Watford Borough Council
Inspector
Walker C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Mohammed Ajab
LPA reference
24/01034/FUL
ONS LPA code
E07000103
Jurisdiction
Transferred
Link status
Not Linked
Start date
14 March 2025

Summary AI

The inspector allowed the appeal for a one-bedroom dwelling house in a predominantly residential neighbourhood, considering the development's effect on character and appearance, internal living conditions, and other matters. The inspector found that the development would not harm the area's character and appearance, and would provide satisfactory internal living conditions. The development was granted subject to various conditions to mitigate potential impacts.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Site visit made on 19 May 2025 by C Walker BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 09 June 2025 Appeal Ref: APP/Y1945/W/25/3361337 31 The Gossamers, Watford, Hertfordshire WD25 9AW • 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 Mohammed Ajab against the decision of Watford Borough Council. • The application Ref is 24/01034/FUL. • The development proposed is for ‘Demolition of part of existing dwelling house, erection of new build one bedroom dwelling house’. Decision 1. The appeal is allowed and planning permission is granted for demolition of part of existing dwelling house, erection of new build one bedroom dwelling house at 31 The Gossamers, Watford, Hertfordshire WD25 9AW in accordance with the terms of the application, Ref 24/01034/FUL, and the plans submitted with it, subject to the conditions in the attached schedule. Main Issues 2. The main issues in determining this appeal are the effect of the development on: • the character and appearance of the area; and • the internal living conditions of existing occupiers at 31 The Gossamers.

Page 1 · Chunk 1 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Reasons Character and appearance 3. The appeal site, 31 The Gossamers, comprises a two storey, semi-detached dwelling that lies adjacent to a mature landscape belt next to the M1 motorway, in a predominantly residential neighbourhood. Owing to it its position at the end of a cul-de-sac, it has a larger garden than most other properties in the area. It also has a single storey side projection which mirrors that of the attached property, a common feature in the locality. 4. No. 31, together with its attached neighbour and the terraces opposite, fronts onto an area of public open space, planted with established trees and shrubs. The highway terminates two houses closer to the entrance of the cul-de-sac. 5. Typically, dwellings in the area are post-war, two-storey semi-detached or terrace dwellings of a similar style and scale. These dwellings are laid out in a linear arrangement, with similar set back distances from the road and are set amongst parcels of green space and/or trees. These elements combine to give the area a uniformed, suburban character and appearance. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/25/3361337 6. Due to the tapering of the appeal site, the proposed dwelling would be narrower at its frontage than at the rear. Consequentially, the width of the dwelling at the front is narrower than its neighbour. However, this difference does not equate to harm. Whilst slightly narrower, this is not fundamentally so. The scale of the appeal dwelling would reflect the attached property, with the roofline at the frontage matching the ridge and eaves heights. The development would appear as a terrace on the same building line front and rear, maintaining the uniformity and grain of the area and reflecting the terrace opposite. 7. The dwelling would respect the solid wall to void ratio of the attached building. Whilst neighbouring dwellings do not have obscure glazed windows on their frontages, it would be a similar size to the other smaller windows on the other houses in the area. Furthermore, its positioning in the corner of the cul-de-sac would mean that the proposed obscure glazed bathroom window on the front of this appeal property would be barely perceptible in the wider public realm, such that I do not find it to be detrimental. 8.

Page 2 · Chunk 3 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Moreover, given its discreet positioning, tucked into the corner of the cul-de-sac and partially obscured by established landscaping within the public open space, the appeal proposal would have a very limited effect on the public realm. Therefore, for all of these reasons, I find the positioning, design and scale of the development would adequately respond to the local character and appearance of the area, whilst also making efficient use of land. 9. In respect of this main issue, I find the development accords with Policies QD6.1, QD6.2 and QD6.4 of ‘A Sustainable Town: Watford Local Plan 2021-2038’ (Local Plan). Amongst other things, these policies expect high quality design for the town, that reinforces distinctive local character, expects development to be visually attractive, of a scale and massing that relates to local context, and that proportions should be appropriate to the existing character of the area with facades having a positive relationship to the street. Internal living conditions – 31 The Gossamers 10. Policy QD6.4 of the Local Plan expects new residential buildings to provide internal spaces that support the health and wellbeing for all those who use and experience them.

Page 2 · Chunk 4 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Policy H03.10 of the Local Plan expects all new homes to meet or exceed the nationally described space standards. These space standards are set out within the Council’s Residential Design Guide Supplementary Planning Document 2014 (SPD). 11. However, the dispute relates to an existing, established dwelling as opposed to a new dwelling for which the space standards were designed. Therefore, the appeal scheme does not lend itself to the rigid application of these standards. 12. Notwithstanding the above, there is agreement between the main parties that post development, following the demolition of the side projection, the existing dwelling would comprise 84sq m of floor space. According to the SPD, a new three- bedroom dwelling over two storeys with 5 bed spaces (persons) would require 93sq m of internal floor space, whereas a new two-bedroom dwelling with 4 bed spaces (persons) would require 79sq m. 13. At my site visit I observed that a modest sized rear conservatory has recently been removed and the single storey side projection is in use as a kitchen. The existing https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/25/3361337 dwelling is laid out as a three-bedroom house, with two doubles and one single bedroom, which the Council contend, would render it as a 5-person dwelling. However, the single bedroom does not meet the 7.5sq m standard set out in the SPD. Consequently, it would be more akin to a two-bedroom house. 14. This being the case, the existing dwelling would exceed the 79sq m minimum internal floor space standard. Even if operating as a three-bedroom dwelling, whilst on the modest size, despite the loss of the projection, the largely open plan layout shown on the drawings would not present as cramped. Rather, the dwelling would still form a fully functional family dwelling that would meet the needs of its occupants. Furthermore, it would be similar in size to many other dwellings in the area, of the same style. 15. Additionally, No. 31 benefits from a certificate of lawful development for a loft conversion. This offers flexibility for future occupiers should extra space be required. However, its implementation cannot be controlled through this appeal, and I therefore attach limited weight to this. 16.

Page 3 · Chunk 6 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Nevertheless, I find that the effect of the development on the internal living conditions of No. 31 to be satisfactory. Thus, I find no conflict with Policies QD6.4 or H03.10 of the Local Plan. Other Matters 17. In addition to the main issues, local residents have raised concerns including the effects of the proposal upon parking and local wildlife. Parking associated with this one-bedroom dwelling can be accommodated on the surrounding roads and parking bays without causing highway safety issues. I observed that on-street parking is not restricted in the immediate area. Without substantive evidence to the contrary on this matter, I do not come to a different view than the Council. 18. As part of a domestic garden laid to lawn and with paving slabs, the appeal site itself is unlikely to hold notable ecology value. Adjacent trees would be protected during the construction stage and no trees are proposed to be removed as a consequence of the development. Therefore, based on the evidence, I am satisfied that the ecology value associated with the adjacent landscaping belt would be preserved. Conditions 19. The Council has submitted a list of suggested conditions. I have considered these in relation to the necessary tests.

Page 3 · Chunk 7 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision I have made changes to some, not imposed all suggested, and imposed additional ones for the reasons set out below. 20. In addition to the standard time condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans for the avoidance of doubt and in the interests of certainty. 21. The plans show external materials would match the existing dwelling which is appropriate and acceptable. However, insufficient details are provided in respect of some detailing. It is therefore necessary to impose Condition 3 to control these in the interests of character and appearance. A pre-commencement condition is not necessary, and I have therefore amended the Council’s suggested draft. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision Appeal Decision APP/Y1945/W/25/3361337 22. Given the adjacent trees are to be retained, it is necessary for these to be protected during the construction period. Compliance with the Arboricultural Method Statement submitted in support of the scheme is therefore necessary and forms Condition 4. 23. In order to minimise the effects of the construction period upon the living conditions of neighbours, Condition 5 is imposed to restrict hours of construction and demolition. 24. Insufficient details of the design and appearance of the cycle shed and refuse storage provision are shown on the drawings. Condition 6 is necessary to require this at an appropriate trigger point in the interests of encouraging alternative modes of transport to the private car and the character and appearance of the area. 25. Policies CC8.1 and CC8.3 of the Local Plan expects development to positively contribute towards climate change through energy and water efficiency measures. Condition 7 to require compliance with the details submitted is therefore necessary and reasonable in order to comply with this policy expectation. 26.

Page 4 · Chunk 9 Appeal Decision

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — Appeal Decision There is no need to control the installation of obscure glazing to the proposed bathroom as this would not affect the privacy of any existing neighbour. 27. Finally, the Council request the removal of permitted development rights in relation to certain classes of development. I am mindful that paragraph 55 of the Framework clearly states that planning conditions should not be used to restrict national permitted development rights unless there is a clear justification for doing so. I have not been shown that there is a clear justification for removing these rights in order to protect the living conditions of neighbours or the character and appearance of the area. It is therefore unnecessary, and I have not imposed it. Conclusion 28. For the reasons set out above, the appeal is allowed.

Page 4 · Chunk 10 C Walker

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — C Walker INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing no’s: 105 (Proposed Block Plan) 103 (Existing and Proposed Block Plan) 102 (Plans and Elevations) 101 (Street Scene) Unreferenced (Site Location Plan). https://www.gov.uk/planning-inspectorate 4

Page 4 · Chunk 11 C Walker

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — C Walker INSPECTOR Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing no’s: 105 (Proposed Block Plan) 103 (Existing and Proposed Block Plan) 102 (Plans and Elevations) 101 (Street Scene) Unreferenced (Site Location Plan). https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 12 C Walker

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — C Walker Appeal Decision APP/Y1945/W/25/3361337 3) No development shall commence above slab level until detailed design drawings of the dwelling including the window reveals, surrounds and cills, external door reveals, eaves details, barge boards and rainwater goods have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4) The development hereby permitted shall be implemented in full accordance with the Arboricultural Method Statement set out in Section 7.0 of the Arboricultural Impact Assessment and Method Statement by Allarboriculture dated 17 April 2024. 5) Demolition or construction works shall take place only between 08:00 and 18:00 on weekdays, 08:00 and 13:00 on Saturdays and shall not take place at any time on Sundays or on Bank or Public Holidays. 6) Prior to first occupation of the dwelling hereby approved, full details of both the external bin storage facility and the cycle storage shed as indicatively shown on drawing no. 103, shall be submitted to and be approved in writing by the local planning authority.

Page 5 · Chunk 13 C Walker

31 The Gossamers, WATFORD, WD25 9AW — Watford Borough Council — C Walker The bin storage facility and cycle storage shed shall be implemented on site in accordance with the approved details prior to first occupation and thereafter shall be retained for the lifetime of the development. 7) The development shall be implemented in accordance with both the Sustainable Statement dated August 2024 and the Cross Ventilation report by Elmhurst Energy to achieve the energy and water saving efficiencies contained thereon in. The dwelling hereby approved shall not be first occupied until these measures have been achieved. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 5

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
For appellant
¶6-8

The inspector found that the proposed dwelling's design and scale would adequately respond to the local character and appearance, and would make efficient use of land. The development would maintain the uniformity and grain of the area, and would not harm the character and appearance of the area.

Living conditions
For appellant
¶10-14

The inspector found that the existing dwelling would exceed the minimum internal floor space standard, and would provide satisfactory internal living conditions. The inspector considered that the proposed development would not cause harm to the internal living conditions of the existing dwelling.

Policies relied on

Reference Weight
Policies QD6.1, QD6.2, and QD6.4 of the Watford Local Plan 2021-2038
Determinative
Policy QD6.4 of the Watford Local Plan 2021-2038
Substantial
Policy H03.10 of the Watford Local Plan 2021-2038
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 9 June 2025 under the Open Government Licence.