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Appeal Decision
Site visit made on 7 December 2011
by Maggie Brian BA DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 9 February 2012
Appeal Ref: APP/Z2260/A/11/2161736
Site adjoining 7 & 8 Granville Marina Court, Granville Marina, Ramsgate,
Kent CT11 8NA
• The appeal is made under section 78 of the Town and Country Planning Act 1990 against
a refusal to grant planning permission.
• The appeal is made by Mr D J Ellis against the decision of Thanet District Council.
• The application Ref F/TH/11/0244, dated 23 March 2011, was refused by notice dated
18 August 2011.
• The development proposed is the erection of 7 apartments including associated parking.
Decision
1. The appeal is allowed and planning permission is granted for the erection of
seven apartments including associated parking on land adjoining 7 & 8
Granville Marina Court, Granville Marina, Ramsgate, Kent CT11 8NA in
accordance with the terms of the application, Ref F/TH/11/2161736, dated
23 March 2011, subject to the conditions set out in the attached schedule.
Preliminary Matter
2. Concerns have been raised regarding the ownership certificates and about the
way the Council dealt with amended plans. However, I have no reason to
doubt that the ownership certificates provided are inaccurate or that the
interests of any party may have been prejudiced in the determination of this
appeal. It is clear that the Council made its decision on the basis of the
amended plans. I have determined the appeal on the same basis and have
no firm reason to conclude that this would prejudice the interests of
neighbours or others.
Main Issues
3. The main issues are whether the proposal would preserve or enhance the
character or appearance of the Ramsgate Conservation Area and the effect on
the living conditions of the occupiers of Granville Marina Court.
Reasons
Character and appearance
4. The Ramsgate Conservation Area is extensive and varied. It covers much of
the central area, including the harbour and the old town, later areas of
planned nineteenth century development as well as seafront areas.
5. Granville Marina lies at the edge of the Conservation Area, in an area defined
in policy EC8 of the Thanet Local Plan 2006 (the Local Plan) as suitable for
mixed leisure, tourism and residential uses. It is somewhat detached from the
remainder of the Area because of its undercliff location and distance from the
town centre and the harbour area.
6. A dominant feature of this part of the Conservation Area are the tall cliffs faced
with brick and concrete arches which support Victoria Parade and Gardens on
the clifftop and Marina Road as it slopes down towards the sea and Marina
Esplanade. The appeal site is an open area of overgrown land at the foot of
these cliffs, facing towards the sea and extending back into the arches. Its
current derelict condition detracts significantly from the overall appearance of
this part of the Conservation Area.
7. The site abuts a public car park to the north-east, and on its south-west side it
adjoins Granville Marina Court. This is a relatively modern three-storey flatroofed
building with apartments on its upper floors. It is the most northerly
section of a sea-facing residential terrace which is built against the cliff, but
below the level of Marina Road and facing onto a shared parking and amenity
area. The opposite end of the terrace is marked by a larger and more
distinctive building of traditional design, no 1 Granville Marina, which projects
forward towards Marina Esplanade. I understand that this building and nos 2-4
Granville Marina are Grade II Listed Buildings, but much of the remainder of
terrace is architecturally undistinguished, the buildings having been
redeveloped or considerably altered.
8. Planning Policy Statement (PPS) 1 – Delivering Sustainable Development
emphasises the importance of good design and policy D1 of the Local Plan
seeks to ensure that new development respects or enhances the character or
appearance of the area. Policies BE1 and BE6 of the South East Plan urge local
authorities to support design solutions relevant to context and proposals which
protect, conserve and, where appropriate, enhance the historic environment.
PPS 5 – Planning for the Historic Environment provides specific advice on
planning applications affecting designated heritage areas such as conservation
areas. Policy HE7.5 of this document requires that in determining planning
applications, account should be taken of the desirability of new development
making a positive contribution to the character and local distinctiveness of the
historic environment.
9. The proposed building would have a bold and interesting design, unashamedly
modern in style, and featuring a copper-coloured wave-shaped roof. Its
footprint would be significantly deeper than that of the adjacent buildings,
projecting seawards from the arches to partially overhang the footway to
Marina Esplanade. It would also be taller, with two floors of accommodation
extending above the level of Marina Road, where a pedestrian entrance into
the building would be located. All sides of the proposed building, including its
roof, would be highly visible.
10. There is no doubt that the new building would form a dramatic feature in the
locality which would clearly contrast in scale with the existing adjacent
development and alter the views along Marina Esplanade and from Marina
Road. However, despite its bold form, I consider that it would be an
interesting and innovative, rather than disruptive, design solution for this
challenging site. Its sweeping form would direct the mass of the building away
from Granville Marina Court and the wave-shaped roof would be a distinctive
and attractive feature, appropriate for a seaside location. At the same time,
the building would be seen as marking the end of the row of existing buildings,
and acting as a counterpoint to the projection of no 1 Granville Marina at the
opposite end of the terrace. Its simple, understated detailing and proposed
white-rendered walls would be in keeping with the adjacent buildings.
11. For these reasons I conclude that the proposal would replace a derelict area of
land with a new building which would be a positive addition to the locality. It
would, therefore, enhance the character and appearance of the Conservation
Area. Consequently, it would accord with the development plan policies
referred to above and with PPS5.
12. This is undoubtedly a controversial proposal and in reaching my conclusions on
this issue I have had regard to the many objections received, from both the
immediately surrounding area and further afield. Strong concerns have been
expressed about the height, bulk and prominent siting of the building, and that
its modern design would be inappropriate in this setting. The building would
undoubtedly be striking, and taller than the adjacent buildings in Marina
Esplanade and above the level of Marina Drive. However, for the reasons
outlined above, it would not appear incongruous or excessively large for the
site, adversely affect the street scene or block important views along the
seafront. I acknowledge that preferences have also been expressed for a more
modest development, similar to the adjacent buildings, but this proposal must
be determined on its own merits. Furthermore, the support for the scheme
from The Ramsgate Society, the Town Council, the Ramsgate Conservation
Area Advisory Group and the Eastcliff Residents’ Association reinforces my
conclusions on this matter.
Living conditions of neighbours
13. The design of the building would direct its bulk away from the adjacent
buildings and I am satisfied that their occupants would be subject to no
significant overshadowing or sense of enclosure. Daylight levels would remain
acceptable, but I acknowledge that there would be some loss of morning
sunlight to the two closest flats. However, due to the limited projection of the
new building beyond the front elevation of Granville Marina Court, this effect
would not be so severe that it would justify dismissing this appeal.
14. Given the proposed arrangement of windows and the relationship with the
neighbouring properties, the new building would not give rise to intrusive levels
of artificial lighting for neighbours. I am also satisfied that it would not lead to
unacceptable levels of light pollution over a wider area.
the building would be located. All sides of the proposed building, including its
roof, would be highly visible.
10. There is no doubt that the new building would form a dramatic feature in the
locality which would clearly contrast in scale with the existing adjacent
development and alter the views along Marina Esplanade and from Marina
Road. However, despite its bold form, I consider that it would be an
interesting and innovative, rather than disruptive, design solution for this
challenging site. Its sweeping form would direct the mass of the building away
from Granville Marina Court and the wave-shaped roof would be a distinctive
and attractive feature, appropriate for a seaside location. At the same time,
the building would be seen as marking the end of the row of existing buildings,
and acting as a counterpoint to the projection of no 1 Granville Marina at the
opposite end of the terrace. Its simple, understated detailing and proposed
white-rendered walls would be in keeping with the adjacent buildings.
11. For these reasons I conclude that the proposal would replace a derelict area of
land with a new building which would be a positive addition to the locality. It
would, therefore, enhance the character and appearance of the Conservation
Area. Consequently, it would accord with the development plan policies
referred to above and with PPS5.
12. This is undoubtedly a controversial proposal and in reaching my conclusions on
this issue I have had regard to the many objections received, from both the
immediately surrounding area and further afield. Strong concerns have been
expressed about the height, bulk and prominent siting of the building, and that
its modern design would be inappropriate in this setting. The building would
undoubtedly be striking, and taller than the adjacent buildings in Marina
Esplanade and above the level of Marina Drive. However, for the reasons
outlined above, it would not appear incongruous or excessively large for the
site, adversely affect the street scene or block important views along the
seafront. I acknowledge that preferences have also been expressed for a more
modest development, similar to the adjacent buildings, but this proposal must
be determined on its own merits. Furthermore, the support for the scheme
from The Ramsgate Society, the Town Council, the Ramsgate Conservation
Area Advisory Group and the Eastcliff Residents’ Association reinforces my
conclusions on this matter.
Living conditions of neighbours
13. The design of the building would direct its bulk away from the adjacent
buildings and I am satisfied that their occupants would be subject to no
significant overshadowing or sense of enclosure. Daylight levels would remain
acceptable, but I acknowledge that there would be some loss of morning
sunlight to the two closest flats. However, due to the limited projection of the
new building beyond the front elevation of Granville Marina Court, this effect
would not be so severe that it would justify dismissing this appeal.
14. Given the proposed arrangement of windows and the relationship with the
neighbouring properties, the new building would not give rise to intrusive levels
of artificial lighting for neighbours. I am also satisfied that it would not lead to
unacceptable levels of light pollution over a wider area.
15. Concerns have been expressed regarding overlooking into Granville Marina
Court and the potential for noise and disturbance from the balconies on the
new building. To address this issue, opaque glazed screens have been
proposed to the closest balconies at first and second floor levels. I am satisfied
that these would effectively prevent overlooking and help reduce noise
transmission. In addition, any overlooking from the nearest balcony area at
third floor level would be at an oblique angle. Indeed, adjacent balconies are
not uncommon in flatted developments, particularly in seaside locations.
Furthermore, in this context, I can see no reason why normal domestic
activities and the coming and going of vehicles would lead to any significant
noise or disturbance for neighbours.
16. I therefore find that in terms of living conditions there would be no conflict with
policy D1 of the Local Plan which seeks to ensure that development does not
lead to an unacceptable loss of residential amenity through overlooking, noise,
overshadowing, light pollution, loss of natural light or sense of enclosure.
Other matters
17. I have been directed to various policies in the South East Plan and the Thanet
Local Plan as well as Planning Policy Statements and the draft National
Planning Policy Framework (NPPF). However, I have determined the appeal
against those development plan policies and PPSs I consider to be the most
directly relevant. As the NPPF is still in draft form and potentially subject to
change, I can afford its policies only limited weight.
18. I have considered all other concerns raised, and have noted the information
about the history of the site and the surrounding area that has been submitted.
However, I have not been given any firm evidence that the proposal would
obstruct a right of way or prejudice the maintenance and future use of the
arches, or that the roof would be inadequately drained and that problems
would result from materials being dropped onto it, or that the development
would result in problems with traffic or highway safety. I also appreciate that
the building would be built close up to the boundary with Granville Marina
Court. However, such relationships are not uncommon, and any potential
effect in terms of property maintenance would not justify dismissing the
appeal.
Conditions
19. I have considered the conditions suggested by the Council and other parties
against the advice in Circular 11/95 and have amended them for clarity where
appropriate. For the avoidance of doubt and in the interests of proper
planning, I shall impose a condition requiring the development to be carried
out in accordance with the approved plans.
20. I have noted the concerns about the proposed roofing material and the
potential for overlooking from balconies and have imposed conditions requiring
the submission and approval of details of all external materials, including the
opaque screens. These, and details of services such as meter cupboards and
flues, are necessary to ensure a satisfactory appearance to the development
and to protect the living conditions of neighbours. I have also imposed a
condition relating to refuse storage, to ensure that this essential facility is
provided in the approved location before the flats are occupied.
21. Given that there is a risk of tidal flooding, conditions relating to resilience
measures, floor levels and egress are necessary to ensure the safety of future
occupants. Conditions are also attached to ensure that the development does
not prejudice the safety of vehicle users or pedestrians and that adequate cycle
parking is provided, to give occupants the option to travel without the use of a
car.
22. I have not been given any firm evidence to indicate that there is a realistic
prospect that the site has been contaminated by any previous activities.
Consequently, a condition relating to contamination is unnecessary. However,
I have added conditions relating to the submission and approval of a
Construction Management Statement and restricting working hours on the site,
in order to protect the living conditions of local residents during building works.
Conclusion
23. For the reasons set out above and having regard to all other matters that have
been raised, I conclude that the appeal should be allowed.
Maggie Brian
INSPECTOR
Schedule of Conditions – Appeal Decision APP/Z2260/A/11/2161736 – Site
adjoining 7 & 8 Granville Marina Court, Granville Marina, Ramsgate, Kent
CT11 8NA
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans: 1660/01, 1660/02C, 1660/03, 1660/04,
1660/05A, 1660/06A, 1660/07A, 1660/08B, 1660/09A, 1660/10B,
1660/11B and 1660/13.
3) Notwithstanding condition 2 and any details submitted with this application,
full details, colours and samples of the materials to be used for all external
surfaces of the development shall be submitted to, and approved in writing,
by the local planning authority before any part of the development is
commenced. This includes the roofing materials, external wall cladding, the
glazing system including all windows and doors and the hard surfaced areas
beyond the limits of the public highway. The development shall be carried
out in accordance with the approved details, and the materials shall
thereafter be retained as approved.
4) Notwithstanding condition 2 and any details submitted with this application,
details of the height and materials to be used for the opaque glazed screens
adjacent to Granville Marina Court shall be submitted to, and approved in
writing by the local planning authority before any part of the development is
commenced. The opaque glazed screens shall be provided in accordance
with the approved details prior to the first occupation of the development,
and shall thereafter be retained as approved.
5) No development shall take place until details of the location and appearance
of all external meter cupboards, vents, flues or extract grilles have been
submitted to, and approved in writing, by the local planning authority. The
development shall be carried out in accordance with the approved details
and shall thereafter be retained as approved.
6) The refuse storage facilities shown on plan 1660/02C shall be provided
before the first occupation of the development and shall thereafter be
retained as approved.
7) Before the development commences, details of flood resilience measures
including drawings and exact specifications shall be submitted to, and
approved in writing, by the local planning authority. The development shall
be carried out in accordance with the approved details before the
development is first occupied and the flood resilience measures shall
thereafter be retained as approved.
8) All habitable accommodation shall be sited at or above 9.17 metres above
ODN.
9) A clear unobstructed means of access/egress for pedestrians to Marina
Road from each flat and the parking area shall be provided before the
development is first occupied and shall thereafter be retained as approved.
10) Prior to the commencement of the development details of the measures to
prevent the discharge of water onto the public highway shall be submitted
to, and approved in writing, by the local planning authority. The
development shall be carried out in accordance with the approved details
and the measures shall thereafter be retained as approved.
11) The development shall not be occupied until the vehicular access and
crossover have been completed with 2m x 2m visibility spays provided as
shown on approved drawing 1660/02C with no obstruction higher than
0.6m within the visibility zones. Thereafter they shall be retained as
approved.
12) Prior to the first occupation of the development, the vehicle parking spaces
and cycle store shown on approved drawing 1660/02C shall be provided
and thereafter retained as approved.
13) No development shall take place, including any works of demolition, until a
Construction Method Statement has been submitted to, and approved in
writing, by the local planning authority. The Statement shall provide for the
parking of site operatives and visitors, loading and unloading of plant and
materials, the erection and maintenance of security hoarding and measures
to control the emission of noise, vibration, dust and dirt during construction.
The approved Statement shall be adhered to throughout the construction
period.
14) Demolition or construction works shall not take place outside the hours of
08.00 hours and 18.00 hours Mondays to Fridays, 08.30 hours to 13.00
hours on Saturdays, nor at any time on Sundays or Bank Holidays.