Creation of new off-road parking space suitable for an electric vehicle by removal of dwarf wall to back of footpath including painted metal balustrade above to allow access, repaving of forecourt in porous resin bound gravel to newly formed parking bay and repaved path to entrance reusing existing herringbone paving blocks, relaying existing block edgings and formation of 2 no. planting beds, new wrought iron gate installed to pathway between existing piers to match those to adjoining terraced houses, granite sett paving laid to back of footpath to replace
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 4 November 2025
by Lynne Evans BA MA MRTPI MRICS
an Inspector appointed by the Secretary of State
Decision date: 10 November 2025
Appeal Ref: APP/Z1775/D/25/3372032
120 St James’s Road, Southsea, Portsmouth PO5 4JA
• 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 Rajiv Pillai against the decision of Portsmouth City Council.
• The application Ref is 25/00641/HOU.
• The development proposed is creation of new off-road parking space suitable for an electric vehicle
by removal of dwarf wall to back of footpath including painted metal balustrade above to allow
access, repaving of forecourt in porous resin bound gravel to newly formed parking bay and repaved
path to entrance reusing existing herringbone paving blocks, relaying existing block edgings and
formation of 2 no. planting beds, new wrought iron gate installed to pathway between existing piers
to match those to adjoining terraced houses, granite sett paving laid to back of footpath to replace
dwarf wall and installation of domestic electric vehicle charging point.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The Council has advised that the appeal property, together with adjoining
properties, is covered by an Article 4 (2) Direction, removing permitted
development rights in relation to the alteration or demolition of front boundary walls
/ gates / railings.
Main Issues
3. The main issues in this appeal are:
• The effect of the proposal on the character and appearance of the King
Street Conservation Area, and
• The effect of the proposal on highway and pedestrian safety.
Reasons
Character and appearance
4. The appeal property is a mid-terrace, period property on the west side of St
James’s Road within a predominantly residential area and within the designated
heritage asset of the King Street Conservation Area. It is three storeys plus
basement and set back from the pavement edge with a modest front garden, which
is predominantly laid out with hardstanding. As with the adjoining three properties in
the terrace to the south, the front gardens are demarcated with low boundary walls
Appeal Decision APP/Z1775/D/25/3372032
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and railings with taller pillars either side of the pedestrian entrance leading to the
raised ground floor entrances. These are of consistent design and scale, albeit with
different finishes. The terrace continues to the north but with the properties sited
much closer to the pavement edge with very small front gardens. Most of the
properties retain some form of boundary treatment but they are much more varied
in terms of style and materials including different forms of railings and some with
low boundary walls.
5. The proposal would seek to remove the low boundary wall and introduce a dropped
kerb to create a vehicular access within the front garden area, together with an EV
charging point. The existing hardstanding would be resurfaced with a porous
material together with other alterations to the front garden including the provision of
a black iron gate to the pedestrian entrance.
6. Section 72 (1) of The Planning (Listed Buildings and Conservation Areas) Act 1990
requires me to pay special attention to the desirability of preserving or enhancing
the character or appearance of the Conservation Area.
7. The significance of the King Street Conservation Area relates to the historic period
terraces dating from the Victorian era but interspersed with post-war flats and more
recent developments, showing the development of this part of Southsea since the
nineteenth century. The attractive terrace, and the general consistency in
appearance of the four houses, which includes the appeal property, with their front
boundary treatments remaining in place makes a positive contribution to the
significance of the Conservation Area, in terms of both its character and
appearance, as well as historical development.
8. I have taken into account all the proposed changes to the front garden. However,
the removal of the front boundary wall and railings to enable vehicular access to the
front garden hardstanding would disrupt the consistent pattern of front boundary
treatments along the terrace. This would create an uncomfortable and visually
discordant gap along the terrace that would materially harm the positive
contribution that the appeal property and terrace make to the significance of the
Conservation Area. It would not preserve its character and appearance.
9. I therefore conclude that the proposal would harm the significance of the King
Street Conservation Area and would not preserve its character and appearance.
This would conflict with Policy PCS23 of the Portsmouth Local Plan and the
National Planning Policy Framework (Framework) and in particular Sections 12 and
16, all of which amongst other matters seek a high quality of design which respects
the local context and the significance of designated heritage assets.
10. Paragraph 215 of the Framework states that where a development proposal will
lead to less than substantial harm to the significance of a designated heritage
asset, the harm should be weighed against the public benefits of the proposal,
including where appropriate securing its optimum viable use. It is my conclusion
that the proposal, in harming and failing to preserve the character and appearance
of the Conservation Area would result in less than substantial harm to the
significance of the designated heritage asset.
11. Most of the benefits in terms of creating an off-street parking space would be
private rather than public benefits. However, the provision of an EV charging point
to secure a more sustainable form of development is to be supported and accords
with the sustainability objectives of the Framework and the development plan, and
Appeal Decision APP/Z1775/D/25/3372032
3
would be regarded as contributing to wider objectives and to that extent a public
benefit. Paragraph 212 of the Framework is clear that great weight should be given
to the conservation of a designated heritage asset and that this is irrespective of
whether any potential harm amounts to substantial harm, total loss, or less than
substantial harm to its significance. In the particular circumstances of this case, I do
not consider that the very modest public benefit identified would outweigh the harm
I have identified to the significance of the Conservation Area through failing to
preserve its character and appearance.
12. The Appellant has referred to other environmental benefits he is seeking to
introduce to the property including reference to heat pumps and solar panels.
However, it would not appear that these proposals are directly related to the
provision of an off-street parking space with EV charging point.
Highway Safety
13. St James’s Road runs one way northwards, with double yellow lines on the western
side and on-street parking available on the eastern side of the road.
14. The submitted plan shows the provision of one off-street parking space. However,
the plan does not include measured dimensions for the parking space and on the
basis of my site visit and the information in front of me I am not satisfied that the
space available would be able to meet the required depth of 5m, as set out under
the Council’s guidance for crossovers. As a result, I share the concerns of the
Council that vehicles could overhang the highway and partially obstruct the
pavement, which would be detrimental to pedestrians seeking to walk past along St
James’s Road.
15. I have had regard to the particular vehicle the Appellant would seek to park at the
property but if granted and implemented, the parking space would be available for
future residents of the property, who might have a different sized vehicle. It is
therefore important to ensure that the space would meet the guidance set by the
Council for the depth of parking spaces to ensure that a standard vehicle could
park without overhanging the pavement.
16. The Appellant has also referred me to other properties where he contends that
vehicles overhang the parking space and obstruct the pavement outside. However,
I have limited information on these other examples but the existence of other
spaces that may not meet current guidance does not persuade me that more
should be permitted given the harm I have found to pedestrian movements.
17. Given the lack of turning space within the site, it would be probable that most
vehicles would need to reverse out of the space onto St James’s Road. There is
existing frontage vegetation at the adjoining property at No 122, and as a result this
would impair the views of the driver when reversing out of the space. This would be
harmful to highway and pedestrian safety. The Appellant has drawn my attention to
other locations in the vicinity where there are restricted views, but they do not
persuade me that permission should be granted for a new, substandard access
which would have an unacceptable impact on highway and pedestrian safety.
18. I therefore conclude that the proposal would have an unacceptable impact on
highway and pedestrian safety. This would conflict with the Framework, and with
particular regard to paragraph 115 which seeks for safe and suitable access to
sites for all users.
Appeal Decision APP/Z1775/D/25/3372032
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19. The benefit of securing a more sustainable transport option through the provision of
an EV charging facility at the property would not outweigh the harm I have
concluded to highway and pedestrian safety.
Conclusion
20. For the reasons given above and having regard to all other matters raised,
including in representations, I conclude that this appeal should be dismissed.
L J Evans
INSPECTOR
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