Planning Permission Refused for Bungalow in Garden

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Hi,

I have a 40 metre garden, i'm trying to build a 2 bed bungalow but planners have refused it. One of the main issues was parking for the host dwelling (house at the front) on the plans your see 2 cars facing the road, but the front garden is 4.87m in depth by 6.5m wide, apparently parking spaces need to be a minimum of 5.5m in depth if they are infront of a curtilage (bay window), so that means that the front garden is only big enough to accomodate 1 car and it would need to be sideways with a dropped kerb etc, 2 parking spaces must be provided as a minimum for a 3-4 bed house, Architect wants to add another space for this in the rear garden next to the 2 spaces for the new bungalow but the council aren't willing to except anymore revisions as they don't see it passing planning.

I've included their response here, any guidance appreciated, especially on parking.

"The proposed dwelling would be in a backland position which would appear at odds with the general pattern and grain of development in the locality, which generally comprises two-storey dwellings fronting the street with an established front building line. In this case, the proposed dwelling would be a bungalow and have no street frontage, tucked away behind (removed), in an area of open gardens free from development. Visibility from (removed) would be to an extent limited, but it would still be visible when looking up the driveway and experienced from neighbouring gardens. Whilst it is acknowledged that the dwelling would be a bungalow and so would be less conspicuous than a two-storey dwelling, it would still draw attention to itself as an incongruous feature that conflicts with the existing settlement pattern and consequently, character of the area.

This would be exacerbated by the fact that the new and existing dwelling would have a smaller garden/different site layout than its neighbours, which would appear further out of character and would give rise to a contrived and cramped appearance to the development.

I note that the applicant has drawn attention to (removed) a dwelling erected within the rear curtilage of (removed), the property of which is located to the south-west of the application site. The outline permission was allowed at appeal in 2004 (Removed) with the reserved matters granted in 2006 (Removed). The dwelling was therefore permitted prior to the NPPF and the local plan as they stand, so under an entirely different policy context. In addition, the example is considered to serve to illustrate the harm.

The permission of (removed) is so old that is doesn’t hold planning weight but also the context is different because of how the dwelling under the current application would be accessed. The development at (removed) involved an access running along the ends of adjacent gardens rather than through a narrow gap between houses.

Following the obtainment of dimensions for (removed) front curtilage, it is clear that this area is of sufficient size to accommodate only 1no. vehicle. You now propose to submit a revised plan showing the additional space to the rear. By having to split up the parking for the existing dwelling further emphasises the contrived nature of the development and does not represent high quality design. The realities of the occupiers using the rear parking space seems unlikely given the distance to the properties entrance door, which would lead to 2no. dwellings parking to the front which is contrary to the Councils policies. There is no realistic or enforceable way to control the amount of vehicles to be parked within the front curtilage.

By reason of the above, I am reluctant to accept further revised plans as officers do not see the overarching concern raised being overcome."
 

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Councils have gone right off people putting houses/bungalows up in their back gardens- despite there still being more garden left for both houses than in many modern developments.
Do have a good read through your Local Plan and see what specific criteria are laid down in that. Remember that letter was written by a planner who doesn't like your plan but hasn't been very specific about which bit of law your proposed development breaks.
 
Lol at a 2004 permission being “very old”, always worth implementing a consent like that for the fall back position.

Blup
 
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Is the 5.5m parking space written in the local plan?
Yes it seems an established policy, I mentioned the fact that several houses already park as per my plan but was told that this was probably done under permitted development and wasn't picked up under planning permission, no-one has even had a car in 2 years and you could definitely fit 2 small cars facing out onto the road but obviously this doesn't get round their 5.5m space requirements infront of curtilages.

I have found a street under the same council who have had 5 seperate bungalows approved in the backgarden (about 5-10 mins away by car from my house), some of the gardens are smaller in length than mine and one of them built the bungalow 16 metres away from the existing house, mine would be 20 metres, the only difference I can see in the plans is that their existing front gardens are deeper so they could all fit 2 cars faces out onto the road, so essentially mine is getting rejected because of having 1 parking space from the existing house next to the new parking.
 
Councils have gone right off people putting houses/bungalows up in their back gardens- despite there still being more garden left for both houses than in many modern developments.
Do have a good read through your Local Plan and see what specific criteria are laid down in that. Remember that letter was written by a planner who doesn't like your plan but hasn't been very specific about which bit of law your proposed development breaks.
Yeah I thought we were in a housing crisis and that the government has relaxed rules to get more houses built, doesn't feel like it at the moment, I'm wondering whether there is any benefit in withdrawing the application to not have a rejection on record.

I was thinking with the front space properly landscaped, maybe include a cycling lockup, and the rear space included next to the 2 new spaces at the back, with electric gates at the end of the existing house would mean that you couldn't look down the drive and see the development and have some highline trees in the existing garden close to the fence, you wouldn't even see the bungalow from the street.

There was only 2 objections to my plan, one from next door and one from across the road who could barely see it, on the other side of the road they have just approved 5 x 2.5 storey houses completely out of character in the area being built in an orchard that look into peoples gardens, they had over 30 objections but still got approved and the access road was very narrow, The big time developers seem to have 25 page feasibility studies demonstrating the benefits, this is obviously worth the cost for a development like that, but i'm not sure it would be worth the cost for a project of my size.
 
Lol at a 2004 permission being “very old”, always worth implementing a consent like that for the fall back position.

Blup
Yeah it's a bit of a joke, I would have thought that the rules would be a bit more relaxed now to get the more houses built that they need, but seems like it's the opposite.
 
It's the government resposnse to the nimbys, meanwhile the south east gets built over.

Blup
 
Joe Public cannot afford fancy solicitors to bury the council with legal paperwork. Councils are terrified that if they knock back an application from a large developer, said developer will appeal to Sec of State (cost £500k ish), if the appeal is successful the council will be on the hook for the developers' legal costs.
You might have more luck (once you've researchec the local plan) going to council rather than dealing with planners on delegated powers, not sure how you force that decision though.
 
I would have have objected to the plan and can see why others have too. Who wants to look over lovely garden spaces with a house plonked in the middle. These types of developments happen far too often.

Won’t the new property devalue your existing home?
 
Yeah I can understand why a neighbour might object, think it's more the council in this instance.

Probably would devalue existing house, but would be offset by the gain in the new development.

I've represented my case the best I can to the planning officer but it will get rejected, I'll see how I get on with the appeal. I didn't go for the pre application planning before so a few things have come out now that have given me something to work with at least.

I wonder how many times to keep trying before accepting defeat? You get the 2nd try for free don't you?
 
Site near us got 85 houses through on appeal to sec of state. Say the appeal cost one house they still in the money especially as it was agricultural land at 25k acre.
 
This is the brief summary;

The proposed development, by reason of its siting and layout, would represent a tandem (backland) development with no street frontage that would be at odds with the pattern and grain of development in the locality, where dwellings generally front onto the highway and have a strong street frontage/presence. The proposed dwelling in its backland position would be appreciable from neighbouring properties and when looking up the driveway, which would draw attention to it as an incongruous backland feature within the street scene and locality. The resulting shape of the existing and proposed residential unit's private amenity space would also depart greatly from the linear gardens of neighbouring properties, which would appear further out of character and would give rise to a contrived and cramped appearance to the development. The proposed development is therefore contrary to CS1 of the Local Plan: Core Strategy (Adopted) December 2013; PSP38 and PSP1 of the Local Plan: Policies Sites and Places Plan (Adopted) November 2017. 2. The proposed development would fail to reach the highest possible standards of design by virtue of its scale, form, massing, proportions and detailing. A detached 1.5 storey dwelling would not lend itself to that of the prevailing property type along the Road. This in turn would present material harm to the character and appearance of the site and its locality. The proposal is therefore contrary to Policy CS1 and CS5 of the Local Plan: Core Strategy (Adopted) December 2013; Policy PSP1 and PSP38 of the Local Plan: Policies, Sites and Places Plan (Adopted) November 2017; and the provision of the National Planning Policy Framework. 3. The proposed scheme would fail to provide an appropriate standard of parking for current and future occupiers of the host dwelling, by its virtue of its failure to meet minimum parking provision requirements. The proposed development is therefore contrary to Policy PSP16 of the Local Plan: Policies, Sites and Places Plan (Adopted) November 2017; and the provision of the National Planning Policy Framework.
 

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