Alterations, ground floor extensions and formation of new second floor level with an art deco style remodel of the existing dwelling, first floor rear balcony, roof garden, formation of swimming pool, altered garage and new parking spaces off Sandbourne Road without complying with conditions attached to planning permission Ref P/25/02311/HOU, dated 17 September 2025

Appeal Decision Site visit made on 18 August 2026 by Rachael Pipkin BA (Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 04 September 2026 Appeal Ref: 6011111 18 Sandbourne Road, Bournemouth BH4 8JH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr D Beskine against the decision of Bournemouth Christchurch and Poole Council. • The application Ref is P/25/04679/CONDR. • The application sought planning permission for alterations, ground floor extensions and formation of new second floor level with an art deco style remodel of the existing dwelling, first floor rear balcony, roof garden, formation of swimming pool, altered garage and new parking spaces off Sandbourne Road without complying with conditions attached to planning permission Ref P/25/02311/HOU, dated 17 September 2025. • The conditions in dispute are Nos 2, 8, 9 and 10 which state that: [2] The development hereby permitted shall only be carried out in accordance with the following approved plans: Drawing No: 2440 01 - Location & Block Plan – received 02/07/25; Drawing No: 2440 02 revision A - Proposed Site Plan – received 03/09/25; Drawing No: 2440 03 - Proposed Ground Floor Plan – received 02/07/25; Drawing No: 2440 04 - Proposed First Floor Plan – received 02/07/25; Drawing No: 2440 05 - Proposed Second Floor & Roof Plan – received 02/07/25; Drawing No: 2440 06 - Proposed Elevations – received 02/07/25; Drawing No: 2440 07 - Proposed Elevations – received 02/07/25; Drawing No: 2440 08 - Proposed Floor Plans & Elevations for Garage – received 02/07/25; Drawing No: 2440 09 - Indicative Streetscenes – received 02/07/25; Drawing No: 2440 10 revision A - Indicative Streetscenes – received 03/09/25; Drawing No: 2440 11 - Driveway Section Plan – received 03/09/25; and Preliminary Roost Appraisal and Nesting Bird Report – Ref: 18 Sandbourne Road, Bournemouth, BH4 8JH prepared by ABR Ecology Ltd – received 12/08/25. [8] No access gates or similar barriers between the new parking area fronting Sandbourne Road and the footway shall be formed at any time along the site’s frontage without a grant of specific planning permission from the Local Planning Authority. (9) No part of the development hereby permitted shall be constructed unless a scheme of soft landscaping including all planting has first been submitted to and approved in writing by the local planning authority. The scheme shall include indications of all existing trees and hedges and other planting on the land, identify those to be retained and set out measures for their protection throughout the course of development. The approved landscaping scheme shall be carried out in the first planting season following substantial completion of the development or the first occupation/use of any part of it, whichever is the sooner. Any tree or plants found damaged, removed, dead or dying in the first 5 years following its planting shall be replaced with a tree/plant of the same species and similar size or such other species and size as has otherwise been submitted to and approved in writing by the local planning authority. (10) No part of the development hereby permitted shall be occupied/used unless a landscape management plan that includes long term design objectives, management responsibilities and maintenance schedules including replacement of dead or dying plants for all landscape areas as shown on approved plan together with a time period for the operation of the plan not being less than 5 years from the date of first landscape planting has first been submitted to and approved in writing by the local planning authority. The landscape management plan shall thereafter be carried out as approved. • The reasons given for the conditions are: Appeal Decision 6011111 2 [2] For the avoidance of doubt and in the interests of proper planning. [8] To ensure no adverse impacts regarding the highway safety of all uses and to ensure the parking remains functional in accordance with Policies CS16 and CS41 of the Bournemouth Local Plan: Core Strategy (October 2012). [9] In the interests of securing the amenity and the appearance of the development and the locality. [10] In the interests of securing the on-going amenity and the appearance of the development and locality. Decision 1. The appeal is allowed and planning permission is granted for alterations, ground floor extensions and formation of new second floor level with an art deco style remodel of the existing dwelling, first floor rear balcony, roof garden, formation of swimming pool, altered garage and new parking spaces off Sandbourne Road at 18 Sandbourne Road, Bournemouth BH4 8JH in accordance with the application Ref P/25/04679/CONDR, without compliance with condition numbers 2, 8, 9 and 10 previously imposed on planning permission Ref P/25/02311/HOU dated 17 September 2025 and subject to the conditions in the attached schedule. Background and Main Issue 2. Planning permission was granted for alterations, ground floor extensions and formation of new second floor level with an art deco style remodel of the existing dwelling, first floor rear balcony, roof garden, formation of swimming pool, altered garage and new parking spaces off Sandbourne Road. 3. The appellant sought to secure changes to this permission by varying condition 2 to allow material amendments to the approved plans to improve the design and functionality of the garage outbuilding by creating an additional floor and amend the boundary treatment with a new rendered boundary wall and front sliding gate. In addition, the proposal would remove condition 8 which restricted the installation of gates to the new parking area fronting Sandbourne Road. Conditions 9 and 10 are proposed to be reworded to a compliance-based trigger on matters relating to landscaping and a management plan, following submission of a landscape plan1 and a landscape management plan2. 4. Apart from the alterations to the design of the garage, the Council raised no objection to the proposals. Consequently, the main issue is the effect that varying condition 2 to amend the plans in relation to the garage would have on the character and appearance of the area. Reasons 5. The site is occupied by a detached two-storey dwelling on the corner of Sandbourne Road and Alumhurst Road. These are residential streets, characterised by two and three-storey properties, including traditional and contemporary designs and a mix of detached, semi-detached and terraced buildings. The rear garden to the appeal property extends along Alumhurst Road, with a single-storey detached garage at its far end, adjacent to the boundary with 134 Alumhurst Road, and set back from the road. 1 Dwg No. 829-1-R1, dated 10.11.2025 2 5 year landscape management plan, Doc No 829-2, dated 7.11.2025 Appeal Decision 6011111 3 6. The proposed amendments to the garage would include partial demolition of the ground floor and upwards extension with a pitched roof and dormers to the side facing the rear garden. The height of the building would increase by approximately a third. 7. The garage would be visible both from Alumhurst Road and on the approach from Crosby Road opposite. Due to its position, it would be primarily viewed in the context of No 134 rather than No 18 from which it is separated by the garden. The ridge height of the garage would be broadly level with the eaves to No 134, and in the context of this building it would not appear dominant. It would also be much lower than No 18, particularly once all approved enlargements to that building have been carried out. In this respect it would appear subservient to surrounding development. Moreover, the building would continue to provide garage space, served by a garage door, which would ensure it maintained its appearance as an ancillary building. As such, it would not compete with neighbouring development. It would also not undermine the established character of ancillary buildings in the locality as I observed, these are not especially common features and where they do exist, they are varied in form with some being more prominent than others. 8. The existing garage is relatively wide with a front facing pitched roof which makes the building prominent in views towards the site, particularly from Crosby Road and looking south along Alumhurst Road. Whilst the additional height would be apparent, with part of the existing garage demolished and its prominent pitched roof being replace with a gable fronted, narrower building, there would be some reduction in the bulk of the building. The existing building is wider and bulky and the proposed would be narrower and taller. On balance, I find the proposal would result in a limited increase in prominence of this building within the streetscene. 9. For these reasons, the proposed garage would not harm the character and appearance of the area and would therefore comply with Policy CS41 of the Bournemouth Local Plan Core Strategy 2012 which seeks to ensure that development respects the site and its surroundings and enhances local character. It would also accord with the guidance set out in the Residential extensions – A design guide for householders (2008) Conditions 10. The Planning Practice Guidance3 makes clear that decision notices for the grant of planning permission under section 73 should set out all of the conditions imposed on the new permission, and restate the conditions imposed on earlier permissions that continue to have effect. As the development has not yet commenced, I have re-imposed all of the conditions that I consider remain relevant. In the event that some of these have in fact already been discharged, that is a matter which can be addressed by the parties. I have amended these in the interests of clarity and precision. 11. As section 73 should not be used to extend the time limit in which development shall be commenced, I have imposed the original time limit date at condition 1. Condition 2 has been varied to state the revised drawing numbers that the development should be carried out in accordance with, albeit the original permission remains in force should the appellant choose to revert to that scheme. 3 Paragraph: 040 Reference ID: 21a-040-20190723 Appeal Decision 6011111 4 12. Conditions relating to external materials and landscaping remain necessary in the interests of the appearance of the development. I have however amended the wording and combined conditions (9) and (10) to which this appeal related so that the requirement is to ensure compliance with approved landscaping and management plans. Compliance with biodiversity recommendations is necessary in the interests of achieving a biodiversity gain. 13. Conditions requiring the provision of a visibility splay and suitable surfacing to the parking area remain necessary in the interests of highway safety. I have removed condition 8 to allow the formation of a gate from the new parking area but added a condition to control the manner by which the gate would open adjacent to the highway, in the interests of highway safety. 14. In the interests of protecting the living conditions and privacy of neighbouring occupiers, a condition restricting use of flat roofs remains necessary. 15. I have not imposed a condition restricting the use of the garage building on the basis that if it were to be used as a separate unit of living accommodation to the host property this would require planning permission. However, I have not been directed to any evidence or policy within the development plan covering the Bournemouth area that justifies restricting the use of the garage building from being let separately to another party, either permanently, or for any seasonal or holiday period. Conclusion 16. For the reasons given above the appeal should be allowed. Rachael Pipkin INSPECTOR Appeal Decision 6011111 5 Schedule of conditions 1) The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of the original permission (P/25/02311/HOU), namely 17 September 2025 (by no later than the expiration of 17 September 2028). 2) The development hereby permitted shall only be carried out in accordance with the following approved plans: 2440 101, 2440 102, 2440 103, 2440 104, 2440 105, 2440 106, 2440 107, 2440 108, 2440 109, 2440 110, 2440 111, 2440 11 and 829-1-R1. 3) The development hereby permitted shall only be constructed of materials the details of which are set out on the application form and in the approved plans. 4) Prior to the new parking spaces fronting Sandbourne Road being first brought into use they shall be constructed and laid out as per the approved plans and they shall be fully surfaced with bound and permeable materials to allow onsite drainage, gradient slope traction and no off-site depositing of loose materials and retained as such thereafter. 5) Prior to the new parking spaces fronting Sandbourne Road being first brought into use the visibility splay areas, demarcated on the submitted plans as the coloured triangles, must have been provided and kept clear of any obstructions exceeding 0.6 metres above the relative level of the adjacent carriageway within them. The splay areas must thereafter be permanently retained and maintained as such. 6) The Sandbourne Road parking area frontage gate hereby permitted shall be of the sideways sliding retraction type only, and such to be of such a design so as when operated to be open it fully clears both approved visibility spays. No outward opening gates shall be formed at any time, any such being an offence under Highways Act. 7) Biodiversity recommendations as specified in section 4 and appendix E of the 'Preliminary Roost Appraisal (PRA) and Nesting Bird Report 18 Sandbourne Road, Bournemouth, BH4 8JH’ by ABR Ecology Ltd shall be implemented in full following the substantial completion of the development hereby permitted or the first occupation/use of any part of it, whichever is the sooner. The installed biodiversity enhancement measures shall thereafter be retained on site. 8) The approved landscaping scheme shall be carried out in the first planting season following the substantial completion of the development hereby permitted or the first occupation/use of any part of it, whichever is the sooner. The landscaping shall thereafter be managed and maintained in accordance with the approved Landscape Management Plan Ref: 829-2 dated 7.11.2025, including long-term design objectives, management responsibilities and maintenance schedules. Any trees or plants which, within a period of 5 years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Appeal Decision 6011111 6 9) Notwithstanding any provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any order revoking and re-enacting that order with or without modification, at no time shall the flat roof area of the ground floor rear extension unless indicated as the area of balcony hereby permitted, or the flat roof area at second floor level unless indicated as the area of roof garden hereby permitted, shall be used as a balcony, terrace or similar amenity area. End of schedule