[2024] UKUT 384 (LC)

The House is a modern family house with four bedrooms (one with en suite facilities), and a bathroom on the upper floor, and a lounge, kitchen, dining room, utility room and conservatory on the ground floor. It has an integral garage with space for one vehicle and a front drive capable of accommodating two more. In common with the neighbouring properties and in accordance with covenants prohibiting fences, walls or hedges at the front of the House, the area of lawn at the front of the House is open to the road. The rear garden is enclosed by a 2 metres close boarded fence and is separated from the adjoining gardens by a high hedge.

Overton Lane runs along the northwest edge of the village of Hammerton and the Estate is on the southeastern side of the Lane. It is a rural minor road with a pavement on the village side and open fields bordered by a thick hedge opposite. It is straight, level and wide enough for two vehicles to pass with some care. There are speed bumps at both ends of the Lane and in the middle.

As we observed on our inspection, a vehicle parked fully on the Lane and not encroaching on the adjacent pavement will not prevent the passage of another vehicle. There is therefore sufficient space for some parking on the Lane, although, as we also observed, some drivers might choose to park with two wheels on the pavement, causing some inconvenience to pedestrians.

Nine of the houses on the Estate are on Overton Lane and the rear gardens of two of these, Nos 144 and 146, adjoin the side or rear garden of the House from which they are separated by mature planting.

The remaining houses on the Estate are in three evenly spaced cul de sacs entered from Overton Lane. Redwing Close is the middle of the three. The Close is a little wider than the Lane and widens where a turning area has been provided opposite the House. As we saw in one of the neighbouring cul de sacs, this turning area could be used for parking although we were told that that was not the practice of the applicant’s staff or other residents of the Close.

The House shares Redwing Close with three other homes of similar though not identical size and design. There is space for at least three vehicles to park on the drives of each of the neighbouring properties, but room only for two on the drive of the House.

A car parked on the road in the Close would not present a serious obstacle to any but the largest passing vehicle, and on our visit we observed no sign that any vehicle had recently been forced on to the verges when entering or leaving the Close. We were told of one occasion when a number of ambulances were called to the Close and it was not suggested that they had difficulty entering or leaving.

Our general impression of the Close was one of relative spaciousness, with broad grass verges on both sides at the entrance from the Lane which then merge into the front gardens of the houses and sufficient drive and road space for considerate parking without inconvenience to residents.

The homes on other two cul de sacs which complete the Estate, Siskin Close and Fieldfare, are arranged in a similar layout. The rear garden of the House is therefore bounded by the rear gardens of Nos.1 Fieldfare, 144 and 146 Overton Lane, and 4 Redwing Close.