First floor and single-storey extensions to side, create two balconies to front. Add cladding to exterior walls
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Trees & Landscape
Character & Appearance
Open Space
Inspector’s Reasoning
Appeal Decision
Site visit made on 25 April 2023
by G Ellis BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date:19 May 2023
Appeal Ref: APP/V1260/D/23/3317355
20 Freshwater Road, Christchurch, BH23 4PD
• 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 Ben Pratley against the decision of Bournemouth,
Christchurch and Poole Council.
• The application Ref: 8/22/1008/HOU, dated 22 November 2022, was refused by notice
dated 18 January 2023.
• The development proposed is “first floor and single-storey extensions to side, create
two balconies to front. Add cladding to exterior walls”.
Decision
1. The appeal is dismissed.
Main Issues
i) The main issues are the effect of the development on: - i) the character and
appearance of the area; and ii) protected trees and species.
Reasons
Character and Appearance
2. The residential area is a short distance from the beach. It has a spacious and
verdant character comprising large, detached properties with open frontages
and many have first-floor balconies to the front. The appeal property is part of
a group sited along a private driveway off Freshwater Road facing towards an
area of open space which contains several trees. The detached ‘L’ shaped
house is sited forward of, and at a different angle to, its neighbours, Nos.16
and No.18, with its entire flank elevation visible from Freshwater Road.
3. As a result of the proposal, the general profile of the flank elevation would be
similar to the existing, although it would be appreciably closer to the
neighbour. While the proposal is for side extensions, they would be positioned
forward of the front elevation to No.18.
4. The cranked form of the single-storey extension would follow the shape of the
plot and would be set a limited distance back from the road. It would result in
the loss of a grassed area which visually forms part of the frontage and
provides a physical break at a point where there is a significant change in the
siting and orientation of the properties.
5. I acknowledge, from what I saw on site and the details provided by the
appellant, that many of the properties in the locality have been extended and
Appeal Decision APP/V1260/D/23/3317355
2
have limited gaps to their side boundaries. Nonetheless, the appeal property
does not have a regular plot arrangement, the parking in front is parallel to the
house, and generally, there is less space around it. This would be accentuated
by the extensions and the additional balconies which would result in a cramped
form of development, out of keeping with the prevailing spacious character of
the area.
6. I accept that the existing areas of grass to the front of the property could
potentially be replaced with hardstanding. While the grass provides a softness
it is the separation and setting the area provides which is important, and
therefore this is a matter to which I attach limited weight.
7. The general design and proposed materials relate to the appearance of the host
property and the surrounding area, and I have no reason to disagree with the
Council’s assessment that there would be no undue impact on the amenities of
the neighbouring occupiers. However, the siting and scale of the development
would be inappropriate for the plot and would have an adverse impact on the
street scene to the detriment of the character and appearance of the area. The
proposal would therefore be contrary to Policy HE2 of the Christchurch and East
Dorset Local Plan (CEDLP): Part 1 Core Strategy which requires a high-quality
design, including matters of layout, site coverage, visual impact and
relationship with nearby properties and reflecting local distinctiveness.
Protected Trees and Bats
8. The pine trees on the open space in front of the appeal property make a
significant contribution to the character of the area and are covered by a group
Tree Preservation Order. There is a notable distance between the siting of the
extension and the nearest trees which includes the intervening road, and there
is no built form to the other side. Whilst no arboricultural details were
submitted with the application to enable me to fully assess this aspect, there is
nothing specific before me to suggest that the protection of the trees and any
mitigation measures could not be secured via conditions.
9. At the time the application was submitted a bat survey could not be carried
out. Subsequently, as part of the appeal, a preliminary bat roost assessment
has been completed and submitted by the appellant which indicates that the
building is not considered to hold the potential to support roosting bats. Whilst
the Council has not had an opportunity to comment on that assessment as the
appeal is to be dismissed this is not a determinative issue.
10. I am satisfied that these aspects could potentially be addressed to ensure that
there would be no direct conflict with CEDLP policy HE2 and policy HE3 with
regards to the relationship with existing trees and landscape quality, and policy
ME1-safeguarding biodiversity. Nevertheless, having already found against the
proposal on the main issue this would not alter my decision.
Conclusion
11. For the reasons set out and having regard to all other matters raised the
appeal is dismissed.
G Ellis
INSPECTOR
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