30 Kenmore Avenue, Kenton, HA3 8PQ

Main issues, as the Inspector framed them

• whether the appeal site represents an appropriate location for the proposal, having particular regard to the Council's spatial strategy in respect of development on residential garden land, and the effect on the character and appearance of the host property and the area
• the development plan and national planning policy in relation to flood risk

What decided it

The absence of a sequential test demonstrating that no reasonably available sites at lower flood risk exist, combined with insufficient evidence that the proposal would be safe for its lifetime and would not increase flood risk elsewhere, meant the proposal conflicted with Framework policies F5, F6 and F7 and HLP Policies CN3 and CN4, which are national decision-making policies that mean proposals should be refused, and this conflict substantially outweighed the modest housing and land-use benefits.

applying Policy S4(1) of the Framework, the benefits of the proposal (a single dwelling in a sustainable location making a modest contribution to housing supply and effective use of land) would be substantially outweighed by the adverse effects, specifically the significant harm to the character and appearance of the area and the conflict with national decision-making policies on design (policy DP3(1)) and flood risk (policies F6(1)(a) and (b) and F7(2))