Appeal Success at Sutton, East Cambridgeshire
IPS is pleased to announce the success of securing appeal and costs success for our clients Abbey Developments Ltd for a reserved matters approval for 47 homes at Sutton, East Cambridgeshire.
The appeal followed the Council’s refusal of an application for reserved matters approval for appearance, landscaping, scale and layout subsequent to outline planning permission allowed at appeal (ref: APP/V0510/W/18/3195976) in 2019. The reserved matters application was refused contrary to officer recommendation, for three reasons relating to an inadequate extent of provision for single storey homes, a deficient housing mix and detrimental impact of boundary treatment including fencing on the residential amenity of the occupiers of an adjoining property.
The decision to refuse the application was heavily influenced by neighbouring residents at the Planning Committee and presented the Committee with an opportunity to further stall the inevitable development of an allocated site which also benefitted from outline permission granted on appeal. Much of the continued resistance to the development of this site stemmed from the fact that planning permission was originally granted on appeal and despite the site’s allocated status.
Within the appeal decision, the Inspector rehearsed the argument regarding the Neighbourhood Plan’s policy seeking predominantly single storey housing. The absence of any definition, meaningful threshold or evidence to support any particular number however undermined any credibility for this aspect of the Authority’s case against the proposals.
Furthermore, notwithstanding some house type mix differences from those identified within a local housing needs assessment, the Authority’s own housing officers were content with the proposed housing mix submitted and consequently resulted in officer support for the application. Without substantive evidence to support the first two reasons for refusal the Inspector looked at the extent of visual impact as the only other potential justification for the predominantly single storey requirement. The Inspector was however satisfied with the proposed layout and disposition of single and two storey houses in terms of settings, and any potential visual impact on the significance of heritage assets and the rural context of Sutton.
With regard to the concerns raised by the neighbouring residential property, the Inspector recognised that a more suitable boundary treatment arrangement had been approved within the remit of a subsequent revised reserved matters application. That arrangement was regarded as acceptable to the occupants and could be superimposed upon the appeal scheme and dealt with by condition. The Inspector accordingly adopted that approach and has imposed conditional requirements, as anticipated upon the decision letter allowing the appeal. The approval is subject to 20 pre- and post-commencement of development conditions and the appellant was awarded partial costs.
Appeal Ref: APP/V0510/W/23/3328203. Land to the rear of Garden Close, Sutton, Cambridgeshire, CB6 2RF.
