Appeal 6006695

The appeal is allowed and planning permission is granted for change of use of detached triple garage to form a separate home with no additions or extensions at [address], Poole [postcode] in accordance with the terms of the application, Ref: P/25/02567/FUL, subject to the conditions set out in the schedule at the end of this decision letter.

The main issues in this appeal are: • Whether the proposal would provide satisfactory living conditions for future occupiers, with particular regard to the provision of amenity space, including private amenity space, and • The effect of the proposal on the character and appearance of the local area.

The appeal site comprises a garage and parking court to the rear of two residential properties, Nos 10 and [address] with access between these two properties. The appeal site lies on the north side of [address] and leading westwards away from the junction with the A35, the site lies within a predominantly residential area with a mix of bungalows, chalet bungalows and two storey houses.

Following the demolition of a small part at the rear, the existing building would be retained and converted to a two bedroom dwelling, with parking and amenity areas, primarily to the front with a smaller amenity area to the rear.

The rear open space would offer private amenity space, in the form of a patio area leading out from the main living space, with soft planting along the rear of the building. Although the rear space tapers towards the eastern end, the Council advises that it would measure some 3.2 m deep at the western end. The proposed plans show a patio area at this western end of the plot, and I consider that this would offer a usable and regular shaped private area of amenity space, taking into account the proposed size of the dwelling.

There would be more space at the front of the proposed building, on either side of the front door and particularly leading out from the main living space. The submitted plans and information indicate that the garden area would extend the full width of the plot, and that there would be a depth of some 9m to the rear boundaries with the existing properties at Nos 10 and [address]. In terms of size, the proposed dwelling would therefore be provided with a generous area of amenity space, particularly given the size of the dwelling.

Given the existing boundary treatments, there would be no overlooking from the rear gardens or rear facing ground floor windows in the two existing properties at No 10 and [address] over the proposed amenity space at the front of the proposed dwelling. There is a rear facing window at first floor in each of these two existing properties which would face towards the front amenity space to serve the new dwelling. The distances from the rear of the existing properties to the front elevations of the proposed property would be some 16 -17m and would result in some overlooking of the amenity space. However, some mutual overlooking is to be expected in urban situations, particularly from first floor windows towards neighbouring gardens. Moreover, given the size of the proposed amenity space at the front of the dwelling, I consider that future residents could, if desired, introduce further screening including planting to improve privacy to parts of the front amenity space. This would be a matter of personal choice and would not therefore need to be the subject of a condition.

In view of the size of the proposed amenity space overall, with some usable space at the rear of the property and the larger space at the front of the property, together with the opportunity for further planting and screening, I am satisfied that the proposed dwelling would be provided with adequate amenity space, including private amenity space.

I am therefore satisfied that the future residents of the new dwelling would be provided with satisfactory living conditions with particular reference to the provision of amenity space, including private amenity space. There would be no conflict with Policy PP27 of the Poole Local Plan in so far as this policy seeks for new development to secure a high quality design which respects the living conditions of future residents as well as the National Planning Policy Framework and in particular paragraph 135 which, also seeks to create places that, amongst other matters, promote health and well-being with a high standard of amenity for existing and future users.

The appeal site lies within the urban area of Poole, and the Council has further confirmed that the site also lies within a sustainable transport corridor. There is agreement that the principle of plot subdivision and residential development is acceptable in terms of its sustainable location.

Policy PP28 of the Poole Local Plan addresses Flats and [name]. In respect of [name] and Sub-divisions it states that these forms of developments will only be permitted where there is sufficient land to enable a type, scale and layout of development including parking and usable amenity space to be accommodated in a manner which would preserve or enhance the area’s residential character.

Moving further westwards along [address] away from the appeal site, there is a general pattern of individual dwellings on long plots. However, closer to [address], there is a much more varied pattern of development including infill development. [address] exemplifies a number of dwellings on smaller plot sizes with reduced areas of amenity space to the immediate rear of the appeal site.

The proposed development would retain most of the existing building and the footprint and scale of existing built development would be similar to the existing, and the access would remain as existing. Contrary to the views of the Council, I consider that the plot size, overall, would, not appear irregular in shape. The surrounding area has a mix of bungalows, chalet bungalows and two storey properties and the proposed scale and form of the dwelling would be readily assimilated into this pattern of dwelling types. The overall plot size and the provision of amenity space would also accord with the varied pattern of development in the local area, particularly closer to [address].

Given the range of plot sizes in the immediate vicinity of the appeal site, I am satisfied that the proposed new dwelling and the overall plot size would not appear incongruous nor harm the character and appearance of the local area. There would be no conflict Policies PP27 and PP28 of the Poole Local Plan in so far as these policies seek for new development to secure a high quality design which respects the character and appearance of the local area, as well as the National Planning Policy Framework and in particular Section 12 which, amongst other matters, also seeks high quality design which respects the local context. [name].

Given the location of the site in relation to both the [name] and [name], contributions would be required towards both SAMMs to avoid or mitigate any adverse effect of the development on both [name] and the [name] in accordance with the relevant Supplementary Planning Documents (SPDs) ( [name] 2019- 2024 and Dorset Heathlands Planning Framework SPD 2020-2025) as well as Policies PP32 and PP39 of the Poole Local Plan. I have been provided with a signed and dated planning obligation to address the required contributions, and the Council has confirmed that the contributions have been paid and that there are no outstanding issues in these regards.

There is no dispute between the parties that the Council is unable to demonstrate a five year supply of deliverable housing sites, and that there is only a 2.1 year supply based on the most recent figures made available to me (April 2024). However, as I have concluded that the proposed development would be a sustainable form of development that would accord with the development plan, there is no need for me to address this further.

The Council has set out a number of conditions that should be imposed in the event that planning permission is granted, and I have had regard to these. I shall list the approved plans for the avoidance of doubt and in the interests of good planning.

A condition is required to ensure that the development is built using the external materials in accordance with those set out on the approved plan, 6265-[name] 0213 to protect the character and appearance of the local area. In the interests of highway safety as well as to encourage access by transport modes other than the private car and to meet sustainability objectives, a condition is required to ensure that the parking space, turning area, EV charging point and bicycle store are in place prior to first occupation of the development hereby permitted.

Given the existing use of the site as domestic garage that may have been used for the storage of vehicles, machinery, fuels, oils or chemicals, and as requested by the Council’s Environmental Health Officer, I shall add a condition to require a watching brief for contamination and steps to be taken should any contamination be found during construction works.

The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that planning permission granted for the development of land in England is deemed to have been granted subject to the condition “(the biodiversity gain condition”) that development may not begin unless, first, a Biodiversity Gain Plan has been submitted to the planning authority, and the planning authority has then approved the plan.

The Council has requested a condition to require biodiversity enhancements on site in the form of bird and bat boxes with reference to a specific plan, but this numbered plan is not before me. However, further details of such measures can and should be required and implemented prior to the first occupation of the development hereby permitted in order to help conserve and enhance biodiversity and habitats in the locality.

For the reasons given above and having regard to all other matters raised, including in representations, I conclude that this appeal should be allowed.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: 6265-WLA-ZZ-XX-DR-A 0310 [name]; 6265- WLA-ZZ-XX-DR-A 0101 [name]; 6265-WLA-ZZ-XX-DR-A 0102 [name]; 6265- WLA-ZZ-XX-DR-A 0103 [name]; 6265-WLA-ZZ-XX-DR-A 0211; 6265-[name] 0212; 6265-WLA-ZZ-XX-DR-A 0213; 6265-WLA-ZZ-XX-DR-A 0214.

The materials to be used in the construction of the external surfaces of the development hereby permitted shall accord with those set out on the application form and on the approved Plan: [name]: 6265-[name] 0213.

The development hereby permitted shall not be first occupied until the access, turning and parking space, [name] point and bike store shall have been laid out and / or constructed in accordance with the details shown on the approved Plan: Proposed Site Plan: 6265-WLA-ZZ-XX-DR-A 0211. These areas shall thereafter and at all times be retained and maintained for the purposes specified.

If, during the course of undertaking the development hereby permitted, any unexpected contamination is found it must be reported in writing immediately to the Local Planning Authority and further development ceased. An investigation and risk assessment must be undertaken in accordance with the Environment Agency “Land contamination risk management (LCRM)” procedures and where remediation is necessary a remediation scheme must be prepared and approved in writing by the Local Planning Authority in advance of the scheme recommencing. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority prior to development commencing other than that required to be carried out as part of an approved scheme of remediation. For the purposes of this condition, examples of potential contamination indicators may include: ▪ Oily pockets and dark patches within the soil ▪ Oily sheen on surface water or groundwater ▪ Pockets of cement boarding or fibrous materials (e.g. asbestos) ▪ Black ashy materials ▪ Soils exhibiting strong odours (e.g organic odour/ hydrocarbon odours) ▪ Brightly coloured staining or materials ▪ Buried structures & brickwork ▪ Buried tanks, containers, drums ▪ Significant thickness of made ground

The development hereby permitted shall not be first occupied until details of all on-site biodiversity enhancement measures have been submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include: • A minimum of 2 bird and bat boxes to be built into the development, and • A minimum of 2 swift boxes and bee bricks (or reasonable equivalent) to be built into external elevations. The approved enhancement measures shall be provided in accordance with the approved details prior to first occupation of the development hereby permitted and thereafter retained and maintained to enable them to continue to function fully for their intended purposes. End of Schedule of Conditions