March, April and July 2020: We object to a proposed extension in Tryes Road
This comment is made on behalf of the St Philip and St James Area Residents' Association
We commented thus on application 20/00326/FUL, affecting Mendip, Tryes Road Cheltenham (Proposed first floor rear extension, single storey side extension and alterations including new garden wall, replacement windows and re-rendering):
We are concerned that the proposed two storey extension at the rear of the building will have a considerable impact on the amenities currently enjoyed by the immediate neighbours in Tryes Road and Painswick Road. In particular it will dominate views, overshadow gardens and reduce sunlight. A more modest scheme would be acceptable.
The scheme has since been amended but we have maintained our objections with these comments sent on 16 April 2020:
I understand that you will be taking a decision on this application, possibly tomorrow as indicated by the website deadline.
The St Philip and St James Area Residents' Association (SPJARA) objected to the original scheme and we wish to maintain our objection to the revised scheme though we are aware of the officer's recommendations to approve it.
In our original comments we said: "We are concerned that the proposed two storey extension at the rear of the building will have a considerable impact on the amenities currently enjoyed by the immediate neighbours in Tryes Road and Painswick Road. In particular it will dominate views, overshadow gardens and reduce sunlight. A more modest scheme would be acceptable"
The revised scheme does slightly reduce the impact of the extension on the immediate neighbours in Tryes Road, though we understand that they still feel the new build will have an overpowering impact on them: their living room and patio will still be much affected by loss of light and overshadowing and their garden by a loss of privacy. Furthermore, the alteration to the original proposals do nothing to reduce the impact on neighbours equally affected in 88 Painswick Road. For these reasons we are objecting to this new scheme too.
We note too from the areal photographs that the proposed extension is not matched by similar extensions along Tryes Road to the east.
We understand that during the current lockdown, council planners may not be able to hold meetings in person of the planning committee to consider cases like this. Given the opposition of affected neighbours and of ourselves to this application, and also the practical difficulties of arranging site visits during the lockdown, we feel that officers should either refuse this application or seek an extension with the agreement of the applicants until such time as the committee can meet to consider it. This is indicated as a possible approach in the DCLG advice of March 2020 on COVID-19 and planning permissions:
We recognise that there may be circumstances where a local planning authority is unable to consider a permitted development prior approval application within the deemed consent period. It remains important to prioritise these so important economic activity can continue. In these exceptional circumstances the authority can, if necessary, seek to agree an extended approval date with the applicant. Where agreement cannot be reached an authority may need to consider whether prior approval is refused if the application cannot be considered with the requisite attention.
Adrian Phillips MRTPI (rtd), FLI on behalf of SPJARA
the scheme was then further amended (FUL 20/01004) - these are our latest comments submitted on 14 July 2020:
We have examined the new scheme. We recognise that there have been some changes that will marginally reduce the impact of the new build on the immediate neighbours but we do not consider that this is sufficient to justify our withdrawing our previous objections. We also consider that the resulting design solution is unlikely to be aesthetically pleasing or suitable as an addition in a conservation area.
Adrian Phillips MRTPI (rtd), FLI on behalf of SPJARA
This comment is made on behalf of the St Philip and St James Area Residents' Association
We commented thus on application 20/00326/FUL, affecting Mendip, Tryes Road Cheltenham (Proposed first floor rear extension, single storey side extension and alterations including new garden wall, replacement windows and re-rendering):
We are concerned that the proposed two storey extension at the rear of the building will have a considerable impact on the amenities currently enjoyed by the immediate neighbours in Tryes Road and Painswick Road. In particular it will dominate views, overshadow gardens and reduce sunlight. A more modest scheme would be acceptable.
The scheme has since been amended but we have maintained our objections with these comments sent on 16 April 2020:
I understand that you will be taking a decision on this application, possibly tomorrow as indicated by the website deadline.
The St Philip and St James Area Residents' Association (SPJARA) objected to the original scheme and we wish to maintain our objection to the revised scheme though we are aware of the officer's recommendations to approve it.
In our original comments we said: "We are concerned that the proposed two storey extension at the rear of the building will have a considerable impact on the amenities currently enjoyed by the immediate neighbours in Tryes Road and Painswick Road. In particular it will dominate views, overshadow gardens and reduce sunlight. A more modest scheme would be acceptable"
The revised scheme does slightly reduce the impact of the extension on the immediate neighbours in Tryes Road, though we understand that they still feel the new build will have an overpowering impact on them: their living room and patio will still be much affected by loss of light and overshadowing and their garden by a loss of privacy. Furthermore, the alteration to the original proposals do nothing to reduce the impact on neighbours equally affected in 88 Painswick Road. For these reasons we are objecting to this new scheme too.
We note too from the areal photographs that the proposed extension is not matched by similar extensions along Tryes Road to the east.
We understand that during the current lockdown, council planners may not be able to hold meetings in person of the planning committee to consider cases like this. Given the opposition of affected neighbours and of ourselves to this application, and also the practical difficulties of arranging site visits during the lockdown, we feel that officers should either refuse this application or seek an extension with the agreement of the applicants until such time as the committee can meet to consider it. This is indicated as a possible approach in the DCLG advice of March 2020 on COVID-19 and planning permissions:
We recognise that there may be circumstances where a local planning authority is unable to consider a permitted development prior approval application within the deemed consent period. It remains important to prioritise these so important economic activity can continue. In these exceptional circumstances the authority can, if necessary, seek to agree an extended approval date with the applicant. Where agreement cannot be reached an authority may need to consider whether prior approval is refused if the application cannot be considered with the requisite attention.
Adrian Phillips MRTPI (rtd), FLI on behalf of SPJARA
the scheme was then further amended (FUL 20/01004) - these are our latest comments submitted on 14 July 2020:
We have examined the new scheme. We recognise that there have been some changes that will marginally reduce the impact of the new build on the immediate neighbours but we do not consider that this is sufficient to justify our withdrawing our previous objections. We also consider that the resulting design solution is unlikely to be aesthetically pleasing or suitable as an addition in a conservation area.
Adrian Phillips MRTPI (rtd), FLI on behalf of SPJARA
- April 2020 - we like the new house proposed for 102 Painswick Road
This is what we told the Council:
20/00583/FUL | Erection of a single storey dwelling with soft and hard landscaping and other associated works. | Dolder House 102 Painswick Road Cheltenham Gloucestershire GL50 2EY
Comments from the St Philip and St James Area Residents’ Association
General comments
In considering this proposal, we have first addressed these questions:
• Is the current plot large enough to support a second home?
• Will the new modern design of the proposed single storey building clash with the arts and crafts style properties nearby and the character of Painswick Road and this part of the Central Conservation Area?
• Will any attractive trees be felled?
• Does this house meet the new standards for energy conservation, biodiversity protection that the Council itself has set?
We consider the plot is large enough to accommodate a small house without damage to the character of the area, especially as the house will be largely hidden by the existing wall to Painswick Road and Shurdington Road. Its retention will be key to making sure the new house has a minimal impact. However, we note that the applicants’ architects have been given informal pre-application advice to reduce the footprint of the new building to minimise the loss of garden space. The architects have responded with a very modest modification (reducing the footprint from 138m2 to 132m2). (In making this and the following comment, we are aware of the planning policies that apply here).
Generally, we feel the new house will not detract from the quality of the existing Arts and Crafts house at no. 102, nor from that of five others of similar style nearby, as it will be of low-key, discreet appearance and only partly visible from the street. Nor do we think it will adversely affect Painswick Road and this part of the Central Conservation Area.
We appreciate the need to fell the remaining large leylandii overlooking Shurdington Road. Though this will lead to noticeable loss of trees in the street scene in the short term, these trees are of little value in biodiversity terms. There is a good tree survey and planting scheme among the plans, which should be adhered to.
There are suggestions (they need strengthening) that the design will be energy efficient, may use air source heating and will incorporate a sedum roof. It is essential that it meets standards that match the Council’s commitment to zero net carbon by 2030. Hard standing should be permeable to reduce run off.
Comparison with recent planning applications affecting 99 Painswick Road
Eighteen months ago, we strongly objected to the initial plans for building a new house in the garden of 99 Painswick Road (18/02038/FUL). Because there appears to be some similarity between that case and 102 Painswick Road, we have considered how they compare and how to ensure that we are consistent in our comments.
As was the case with 99, this proposal is for a new building in part of the garden of a house that forms one of a group of six, all built in attractive Arts and Craft style in the 1920s, and all with ample-sized gardens (though 102 is of a more conventionally inter-war style than numbers 97 and 99). The whole of Painswick Road is within the Cheltenham Central Conservation Area and the Park Character area (covered by a Character Appraisal and Management Plan, July 2008).
In respect of the first proposal for no. 99, we objected to the new development proposed in the garden of that house on several grounds:
1. The design of the proposed new building would be out of keeping with the quality of this part of the Conservation Area.
2. Construction would involve the loss of a large part of the garden, which contributes to the character of the area.
3. Permission for the development in a garden would set a precedent that would threaten similar gardens nearby
4. The building would intrude on the privacy of the neighbours.
5. The proposal would conflict with policies in the Conservation Area Management Plan and the Cheltenham Local Plan.
We have compiled a table to show how the two proposals compare:
Grounds for objection 99 Painswick Road 102 Painswick Road
- Design (first design)
102: Good design for a single storey house
- Loss of garden
102: Considerable but not very visible and little public impact
- Precedent
102: Sets precedent, though less markedly so
- Impacts neighbours
102: Minimal impact
- Conflicts with planning policies on i) respecting local character, and ii) loss of gardens and subdivision
102:Some conflict but not visible
Summary of SPJARA’s views
• We do not object in principle to this development.
• We consider that the circumstances here differ greatly from those that arose in connections with the first application relating to no. 99.
• The planning authority should require that the new house should be built:
o to the highest standards (Passivhaus if possible) in terms of energy conservation and use of renewable energy, in line with Council’s own declared policy to be net carbon neutral by 2030,
o with a green roof planted and managed to maximise biodiversity gain,
o with permeable surfaces around it so as to minimise rainwater run-off.
• The implementation of the tree planting and root protection plans should be a condition of consent.
• The architect could go further in responding to the planner’s legitimate request to reduce the footprint of the new building.
• The retention and maintenance of the boundary wall to Painswick and Shurdington Roads should be an explicit condition of approval.
Adrian Phillips MRTPI (rtd), FLI on behalf of SPJARA - 17 April 2020
