Proposed garage and crossover to rear of main house
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Character & Appearance
Residential Amenity
Noise & Disturbance
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 February 2022
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State
Decision date:25TH February 2022
Appeal Ref: APP/Y3805/D/21/3288788
9 Priory Close, Sompting, Lancing BN15 0EB
• The appeal is made under section 78 of the Town and Country Planning Act 1990 against
a refusal to grant planning permission.
• The appeal is made by Mr Tony Jenner against the decision of Adur District Council.
• The application, Ref. AWDM/1891/21, dated 13 October 2021 was refused by notice
dated 23 November 2021.
• The development proposed is a proposed garage and crossover to rear of main house.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are (i) the effect of the proposed access on the character and
appearance of the street scene of Dankton Lane, and (ii) the effect of the
proposed garage on the living conditions for the occupiers of the host dwelling
and No.8 Priory Close as regards outlook, noise and disturbance, and amenity
space.
Reasons
3. On the first issue, I saw on my visit that Dankton Lane has a semi-rural
character with a mature hedge and fields on the side opposite the rear
curtilages of the houses in Priory Close, including the appeal dwelling. This rural
aspect is in no small measure complemented by the continuity of the grass
verge. And whilst the visual amenity of the verge is interrupted to the north by
a roadside parking bay for the terrace of 5 or 6 houses facing the lane, this is
compensated for by the pleasing appearance of their open plan front gardens
laid mostly to lawn.
4. None of the houses either facing or backing onto the road have individual
driveways and the introduction of a vehicular access to the rear of No. 9 would
significantly harm the character and appearance of Dankton Lane. It would
require the removal of a section of the grass verge, whilst the existence of an
access to the proposed garage would in all probability encourage casual parking
to the rear of the property. The bulk of the building in a small garden would
additionally be detrimental in views along the Lane. Furthermore, if permission
were to be given in this case it would be difficult for the Council to resist similar
proposals for the adjoining properties.
Appeal Decision APP/Y3805/D/21/3288788
2
5. I recognise that the character and appearance of Dankton Lane is likely to be
affected by the proposed access to a large new housing development, but the
layout of this scheme shows a substantial green landscaping / buffer strip
retained along Dankton Lane. And in my view the proposed increase in the use
of the highway by that development makes it all the more important for the
existing visual amenity of the Lane to be retained.
6. Turning to the second issue, the block plan submitted with the application
shows the proposed garage as occupying almost all of the flank rear boundary
between Nos. 9 and 8. For the appellant it is argued that the proposal has been
amended to reduce its impact, but the fact remains that with a height of 2.83
metres the extent of built form above the fence line would be enough to
harmfully restrict the outlook and increase the effect of enclosure of the
modestly sized neighbouring garden. And whilst the officer’s report does not
mention other effects for No. 8, I consider that noise and disturbance to the
rear garden may well be an additional consequence of the proposal.
7. The Council also refers under the second issue to the adverse effect of the
combination of the footprint size of the garage and the limited remaining area
of garden in terms of an amenity area. Clearly the very modest size of
remaining back garden is of no concern to the appellants, but I consider that
the Council is correct to regard such a small outdoor amenity area for a family
dwelling of a substantial size as being contrary to good planning and harmful to
the living conditions for future occupiers.
8. Overall, I conclude that on both main issues the appeal proposal is
unacceptable and would be contrary to Policy 15 of the Adur Local Plan 2017;
the principles of Section 3 ‘Amenity Space’ of the Council’s Development
Management Standard No. 1, and Section 12: ‘Achieving Well-Designed Places’
of Government policy in the National Planning Policy Framework 2021.
9. For the above reasons the appeal is dismissed.
Martin Andrews
INSPECTOR
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