An inspector has deleted a condition which required that a new bungalow in Cambridgeshire should be one-bedroomed and single storey only, ruling it to be unnecessary (DCS Number 400-027-951).
The appellant suggested that first floor rooms could be incorporated into a chalet bungalow, with no windows facing properties on an adjacent road. The inspector accepted that it was for the appellant to demonstrate, through the submission of detailed plans, whether or not first floor accommodation or more than one bedroom could be incorporated into the bungalow without compromising its design and the relationship with the character and appearance of the area. Any design, the inspector continued, would also need to ensure that acceptable levels of outlook, light and privacy for occupiers of neighbouring properties would be retained. The removal of the condition would not preclude the council from assessing these elements of the scheme at the reserved matters stage.
The inspector concluded that ensuring the precise design of the bungalow responded positively to the character and appearance of the area and protected neighbouring living conditions were matters of detail to be assessed under the reserved matters of scale, appearance and layout. The condition was therefore unnecessary and should be removed.
Costs were awarded to the appellant.
The tests for conditions, together with further appeal examples, are given at section 6.1372 of DCP Online.