[2024] UKUT 00164 (LC)

Fecha: 06-Jun-2024

The factual background

The factual background

11.

Corfe Mullen is a large village which, together with adjoining Broadstone, forms a northern extension to the town of Poole. The application site and the objector’s property are on Brook Lane, at the western edge of the village where the built up area opens out into countryside. The density of houses along Brook Lane is conspicuously lower than that of the adjacent roads.

12.

The location plan below shows the application land, with the two plots A and B proposed for development, and the objector’s land hatched. Brook Lane is adopted and made up in its higher reaches, but is unadopted and unmade along the stretch shown on the plan, where it has the status of a bridleway. The land slopes up away from Kestor (No.49) northwards towards 157 Hillside Road and also eastwards towards 155 and 153 Hillside Road.

13.

The larger scale plan above, taken from the title plan for the application land, shows the orientation and size of the original cottage called Smugglers Hyde, with its access and garage at the northern corner. At the hearing of the previous application a statement of agreed facts had been provided, which was summarised in the decision at paragraphs [16] and [17] as follows:

“16.

At its closest point the remains of the existing house at Smugglers Hyde is 4.5m from the boundary with Kestor. This is a two-storey gable end with a ridge height just under 8m above the level of the boundary. The gable end is 4.5m wide. At first floor level there is a bedroom window facing south towards Kestor. At ground floor level there is a door with windows either side. At the rear of the property, now demolished, was a single-storey flat roof sun room which extended a further 2.5m to the east. At the front of the house, also demolished, was a pitched roof porch extending 1.6m to the west of the main elevation with windows facing east towards Kestor. Smugglers Hyde was 20.6m long with its main elevations facing west (front) and east (rear). The windows in these elevations did not directly overlook Kestor. There is a detached garage at the far north west of the plot.

17.

There was no agreement about the accommodation in the original cottage. Mr Briant produced “indicative” floor plans apparently showing how the cottage could be reconfigured. This showed five bedrooms, including two at ground floor level, one of which was accessed through the kitchen and the other through the living room. There was a single (windowless) bathroom on the first floor and a WC on the ground floor. No stairs are shown at first floor level. I do not consider this to be a sensible or realistic layout. Smugglers Hyde was a cottage with limited accommodation being only one room deep.”

14.

Since purchasing the site the applicant has opened up a second access, adjacent to Kestor, which enables the site to be split into two plots, each with their own access.

15.

Kestor is a four bedroom, two storey house with a part single storey element at the rear. This includes a sitting room, dining area and kitchen extension, all of which have views over the patio and fish pond up through the long rear garden with its trees and mature shrubs. At the far end of the garden the objectors have created a secluded sitting area with summer house. The house is located at the front of its plot, close to Brook Lane, with a hardstanding/parking area for three cars, leading to an integral garage. The house fills almost the whole width of the plot, sitting very close to the boundary with the application land where the line of the boundary makes a dog-leg. At that point, in the narrow gap between the house and the boundary, is a pedestrian garden gate from the front parking area to the rear of the house and the garden. The boundary with the application land is the responsibility of the applicant and is fenced with 6ft high close-boarded vertical timber panels provided by him since he bought the application land. The long boundary on the south side of the garden adjoins the rear gardens of five properties on Haven Road, but this is less apparent due to the mature trees and shrubs inside the boundary fence.