Appeal 3263884

The appeal is allowed and planning permission is granted for alterations and conversion to form 4 two bedroom flats, erection of single/two storey side/rear extensions and dormer extension in the rear roof slope and provision of associated parking at [site address] in accordance with the terms of the application, Ref 20/03765/CONR, dated 14 August 2020, and drawing nos YPPLN/290616/DA-000, 439-IM/004-R2, 439-IM/005-R2 and 439- IM/006-R9, subject to the conditions in the attached schedule.

The application sought a change to the design of the windows in the front and side elevations of the development permitted. As part of the appeal the appellant has submitted a revised drawing omitting glazing bars from the upper sections of the windows at the front of the original property. The Council has not objected to this substitution and because the change would be minimal no prejudice would be caused to interested parties. The appeal will therefore be determined on the basis of drawing no 439-IM/006-R9.

The development has been completed and the fenestration that is the subject of this appeal has been installed. The flats appear to be occupied. The main issue is the effect of the proposed windows on the character and appearance of the area.

This part of [address] is characterised by lines of suburban housing on both sides. There is a mix of styles and materials and flatted development has taken place. The environment is somewhat dominated by the volume of traffic along [address].

The originally permitted windows would have been smaller and more faithful to those in the existing building. However, in setting design principles for extensions and alterations, the Council’s Suburban Design Guide of 2019 allows for an innovative approach. For two storey side extensions an example is highlighted at Figure 4.17c that introduces contemporary windows to help distinguish the new from the existing. That is exactly what is proposed here. A similar arrangement has been accepted nearby at [address] although neither the original house nor the extension with its modern windows are identical to the appeal proposal. Neither advice nor practice therefore requires a slavish ‘copying’ of fenestration details in all circumstances.

The façade of the side extension is set back from the main building so that the existing and proposed windows are not seen in the same plane. The openings are larger than those retained and there is no horizontal alignment. However, this is a deliberate device which clearly differentiates the extension from the original building. Furthermore, the use of black frames and white render for the walls reflects its ‘mock tudor’ appearance. There is a therefore a degree of harmony between new and old. The side windows can only be seen at an oblique angle as they are largely obscured by the adjoining development at No 60 and therefore have no significant impact on the street scene.

Given the variety of development along [address], the advice in the [name] that supports modern detailing and the way that the design of the main building has been echoed, the proposed windows do not harm the character and appearance of the area. Furthermore there is no conflict with Policies SP4.1 and DM10 of the Croydon Local Plan which require development to be of a high quality.

Planning Practice Guidance indicates that when granting permission under section 73, decisions should restate the conditions imposed on earlier permissions that continue to have effect. Because development has been carried out contrary to the originally approved drawings this appeal is dealt with under section 73A. Nevertheless similar principles apply.

Subject to some re-wording to ensure effectiveness, the conditions that seek on-going control of side windows and the roof area are necessary to safeguard future privacy. The large flank windows would directly face the development underway at No 60 and as the stairwell is a place where residents would be unlikely to linger there is no need to insist on obscure glazing.

Details of refuse and cycle storage and landscaping have been submitted pursuant to permission 20/01729/CONR. However, there is no certainty that these will be approved and so conditions in those respects are necessary to ensure the development functions properly and in the interests of the appearance of the area. However, the wording of the conditions should be adjusted to reflect the implementation of the development and simplified to reflect the circumstances of the case. The relevant drawings are referred to in the decision above rather than by condition.

Changing the design of the windows as proposed complements the design of the original building and enables the side addition to be understood as a separate element. No visual harm is caused to the surroundings and the proposal is in accordance with the development plan. There are no other considerations to outweigh that finding. Therefore the appeal should succeed and a further planning permission should be granted.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no additional windows above ground floor level shall be inserted in the side elevation of the two-storey extension hereby permitted.

The roof area of the extension hereby permitted shall not be used as a balcony, roof garden or similar amenity area and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no alterations shall be carried out to create access to it.

Within 2 months of the date of this decision, details of cycle and refuse storage shall be submitted for approval to the local planning authority. The approved details shall be implemented in accordance with a timetable specified by the local planning authority and shall thereafter be retained.

Within 2 months of the date of this decision, details of hard and soft landscaping including boundary treatments shall be submitted for approval to the local planning authority. The approved landscaping shall be carried out in accordance with a timetable specified by the local planning authority. Any new trees or shrubs which, within a period of 5 years from planting, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season by those of similar size and species.