[2024] UKUT 187 (LC)

Fecha: 28-Jun-2024

The proposed development

The proposed development

10.

The proposed development will comprise 38 residential units, with associated parking, refuse and cycle storage. The two-storey development has been designed to largely replicate the St George’s Court development in terms of layout and ridge height.

11.

There was considerable local opposition to the development of the application land at the planning stage. An initial planning application for 60 units was refused, but in recommending the grant of planning permission for the smaller 38-unit scheme, the local planning officer’s committee report noted that:

“6.23

The reduction in the overall number of units proposed in this revised scheme has consequently reduced the scale and massing of the built form in a way that allows it to be far more reflective of that of the surrounding development. Equally, the scale and massing and detailed design of the buildings would collectively ensure that the development would respect the site and its surroundings, providing a cohesive and high quality new development.

…

6.27

The layout as proposed, combined with the relative scale and height of the buildings, and the manner in which the buildings have been designed all contribute collectively to ensuring there would be no harmful overlooking arising or any adverse loss of daylight or sunlight, particularly when considering the scale, form and relationships between the existing buildings on the site and the closest neighbours.

6.28

In particular, I note that the layout has been designed so as to ensure appropriate separation distances remain where direct relationships between existing and proposed buildings are to arise. The buildings with the closest relationships are to the northern end of the site but land levels reduce the impact arising and no first floor habitable rooms are proposed in these circumstances to ensure no overlooking occurs.”