Planning Appeal Win for Two Houses on Garden Land in Thanet

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We are delighted to have won a planning appeal for the erection of two dwellings in the garden of a site in Ramsgate within Thanet District, Kent.

What were the Main Planning Issues?

Thanet District Council had refused the proposed development on the basis that:

  • They deemed the development to effect the character and appearance of the area; and

  • They were of the view that the proposed development would detrimentally impact on the living conditions of the occupants of neighbouring properties, with particular regard to noise and disturbance.

We put forward a robust case to demonstrate that the Council’s viewpoint was ill-informed and that the proposed development on garden land would fully comply with adopted planning policy.

The Character and Appearance of the Area

The appeal site comprises a parcel of land within an existing garden.

Through contextual analysis of the area, We were able to demonstrate that development on garden land was acceptable in this instance as:

  • The properties surrounding the site are of a varied scale, period and design. Many appeared to have undergone extensions and alterations over time, meaning that there is little consistency within the street scene.

  • The existence of multiple outbuildings within the side and rear gardens of properties, which do not address the street frontage, together with prominent driveways and parking areas, contribute to this varied character.

  • The pattern of development was not one which could be described as coherent and the road did not have a strong or prominent street-facing frontage.

As such, the proposed dwellings would only be glimpsed and would not be readily visible from public vantage points.

The Planning Inspector agreed and stated that he proposed development would appear neither incongruous nor out of keeping within its setting.

Residential Amenity

The access to the proposed dwellings would be via the existing driveway, extended to run along the boundary with the neighbouring property.

Following our assessment of the site arrangement, the Planning Inspector made the following observations:

  • The access would serve only two dwellings, and would therefore unlikely result in a significant level of vehicular or pedestrian activity.

  • The position of the access and associated parking and turning areas, would be set away from the retained garden area habitable rooms of both neighbours.

  • The access arrangements are similar to that of neighbouring properties along the street.

Consequently it was concluded that the proposed access, parking and turning area would not result in an unacceptable impact on the occupants of neighbouring properties.

For more information about backland development and infill development, please read here.

Do you Need to Appeal a Planning Decision?

If you have a refused planning application and are considering appealing the decision and exploring your options moving forward, contact us at A D P via the form below of at mail@adpltd.co.uk to find out how we can assist with your appeal.

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