46 Humberston Avenue, Humberston

46 Humberston Avenue, Humberston

Appeal Decision
Site visit made on 12 July 2011
by C J Anstey BA(Hons) DipTP DipLA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 1 September 2011

Appeal Ref: APP/B2002/A/11/2149021
46 Humberston Avenue, Humberston, DN36 4SS

  • 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 John McGinty against the decision of North East Lincolnshire Council.
  • The application Ref DC/761/10/HUM, dated 19 August 2010, was refused by notice dated 18 October 2010.
  • The development proposed is a detached bungalow with integral garage, with associated parking, landscaping and boundary treatments.

1. The appeal is allowed and planning permission is granted for a detached bungalow with integral garage at 46 Humberston Avenue, Humberston, DN36 4SS, in accordance with the terms of the application, Ref DC/761/10/HUM, dated 19 August 2010, subject to the conditions set out in the attached Schedule of Conditions.

Main Issue
2. The effect on the character and appearance of the local area.

3. The appeal site lies within the development boundary of Humberston, a settlement with a good range of services and facilities, and within an established residential area. The site comprises the rear part of the back garden of 46 Humberston Avenue, a large two-storey detached property with a single storey rear extension. The appeal proposal is for a detached bungalow with integral garage, parking, associated landscaping and boundary treatment. Access would be along an existing access between 46 and 50 Humberston Avenue. This would also serve as the access to a proposed dwelling to the rear of No.50 which has planning permission but has not yet been built. Along the western boundary of the appeal site is a well-used public footpath, joining Humberston Avenue with the countryside to the south. The trees on or near the site are to be retained in accordance with the submitted arboricultural report.

4. The southern frontage of Humberston Avenue is characterised by large dwellings set back from the road amidst trees and vegetation. The substantial gardens to the rear of these properties are not readily discernible from the street. As a result the proposed bungalow would not have a significant impact on the street scene of Humberston Avenue or the character of the frontages.

5. There are various examples in the near vicinity of the appeal site of development in depth of the backland areas. There is a large dwelling in a rear garden to the west and a small estate (Old Paddock Court) to the east. The house that has been allowed immediately to the east of the appeal site, within the garden of No.50, will introduce further built development close to the appeal site. Given such surroundings I do not consider that an additional dwelling on the appeal site would look out of place or at odds with the surroundings. In reaching this view I am mindful that development on the backland areas in the vicinity of the appeal site is extremely prominent when viewed from the footpath crossing the open countryside to the south.

6. I note that the size of the appeal plot is smaller than the adjacent plot to the rear of 50 Humberston Avenue and that parts of the proposed bungalow would be relatively close to boundaries. Notwithstanding this I believe that sufficient space would remain around the appeal dwelling to ensure that it did not appear unduly cramped. I acknowledge that the upper parts of the bungalow would be visible from the countryside and the public footpath. I consider, however, that the retention of the boundary vegetation would ensure that its impact from these viewpoints is mitigated to an acceptable degree and that a hard built-up edge to the settlement is avoided.

7. In summary I find that the proposal would not have an adverse impact on the character and appearance of the local area. Consequently the development accords with the objectives of Policies GEN1 and H10 of the North East Lincolnshire Local Plan 2003, which seek to protect local character.

8. Planning Policy Statement 3: Housing (PPS3) was amended in 2010 to exclude garden land from the definition of previously developed land. That removes any presumption there may have been in favour of the development of a site such
as this – but it does not create a presumption against development. Instead, each proposal should be assessed on its merits. I have taken account of the changes in planning guidance as regards the development of garden land but
this does not alter my view that the appeal site, having regard to the nature of the immediate surroundings and its sustainable location, constitutes an appropriate site for the proposed development. As a result there are compelling grounds for allowing the appeal. None of the other matters raised, including the appeal decisions referred to me and housing land availability, outweigh the considerations that have led to my decision.

9. I have considered the need for conditions in the light of Circular 11/95. For the avoidance of doubt and the proper planning of the area the approved plans and associated material need to be specified (Condition 2). The approval of
materials will ensure those used are in keeping with the area (Condition 3). Given the sensitive location and size of the plot it is reasonable to withdraw Schedule 2, Part 1, permitted development rights (Condition 4). In the absence of a detailed plan for the private driveway and vehicular access showing the Highway Authority’s requirements, details need to be submitted for approval (Condition 5). Similarly as there is no detailed landscaping scheme details need to be submitted for approval (Condition 6). To avoid the removal of trees and vegetation from the site this needs to be covered by condition (Condition 7). In order to secure the future of existing trees working methods need to be specified (Condition 8). The submission of a drainage scheme will ensure that an appropriate scheme is implemented (Condition 9).

Christopher Anstey

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

2) The development shall be carried out in accordance with the following plans: RD:2545-01, RD:2545-02, RD:2545-03 Rev B, RD:2545-04 Rev E and RD: 2545-05 and the details contained in the submitted arboricultural report, arboricultural statement & tree protection plan.

3) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order with or without modification), no development under Schedule 2 Part 1, Class A,B,C,D,E & F shall be permitted within the curtilage of the dwelling hereby permitted.

5) No development shall take place until details of the private driveway and vehicular access have been submitted to and approved in writing by the local planning authority. The dwelling shall not be occupied until the private driveway and vehicular access to it, and the parking and garaging facilities serving it, have been implemented in accordance with the approved plans and the parking and garaging facilities shall thereafter be so retained.

6) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; hard surfacing materials and proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); and details of tree and shrub planting. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of the dwelling or in accordance with the programme agreed with the local planning authority. If within a period of 5 years from the date of the planting of any tree or shrub that tree or shrub, or any tree or shrub planted in replacement for it, is removed, uprooted or destroyed or dies, [or becomes, in the opinion of the local planning authority, seriously damaged or defective,] another tree or shrub of the same species and size as that originally planted shall be planted at the same place within 12 months, unless the local planning authority gives its written approval to any variation.

7) No trees or hedges within the application site shall be wilfully damaged, cut-down, up-rooted, pruned felled or destroyed without the prior written consent of the local panning authority. If any trees or hedges existing on the site at the date of application and which have been indicated for retention in the submitted arboricultural report, shall, in the event of their subsequent failure to survive, or removal, be replaced within (12 months) of their failure by the planting of such live specimens in such number as may be approved in writing by the local planning authority. The existing hedge along the southern boundary of the site shall not, except with the prior written approval of the local planning authority, be removed nor reduced in minimum height below 2.5m measured from ground level. All tree works to be carried out to British Standards 3998:1989: Recommendations for Tree Work; to an approved ‘Schedule of Works’ agreed by and to the satisfaction of the Local Planning Authority.

8) No machines to be used, and only hand digging to be undertaken, when excavating beneath the crown spread of any trees on site, unless consent is given by the local planning authority. Any roots exposed over 25mm diameter, should be carefully retained undamaged and protected (i.e. from unnecessary damage and drying out) All backfilling over exposed roots to be of top soil or washed sand, carefully tamped by hand around and over all roots before continuing to backfill with other materials required for the finished treatment.

9) The dwelling shall not be occupied until a drainage scheme has been completed in accordance with details previously submitted and approved by the local planning authority.