Appeal 3268384

The appeal is allowed and planning permission is granted for a retrospective application for a rear patio at [site address] , Barking, [postcode] in accordance with the terms of the application Ref 20/02038/HSE dated 14 October 2020 and in accordance with the following conditions:

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building;

The development hereby permitted shall be carried out in accordance with the following approved plans: W4-01; W4-02; W4-03; and W4-04.

The development the subject of this appeal has already taken place.

The appeal property is subject to an enforcement investigation1 in relation to unauthorised works.

The main issues in this case are the effect of the development on the character and appearance of the area; and its effect on the living conditions of neighbouring occupiers, with regards to privacy. 1 Reference: 19/00345/NOPERM.

The appeal property is a two storey end of terrace dwelling that has been extended to the side and rear. Immediately beyond the rear extension is a raised patio, which extends across the width of the rear garden. The patio then steps down to a lower garden area. The patio is the subject of this appeal.

The appeal property is located in a residential area, largely characterised by the presence of two storey terraced dwellings. Dwellings are set back from the road behind short gardens and/or parking areas. The appeal property, like other dwellings along the same side of [address], has a long garden to the rear.

During my site visit, I observed that many dwellings along [address] have been altered and/or extended. Visible changes include extensions to the sides, to the roofs and to the rear of dwellings. This affords the area a sense of change and of ongoing investment into properties.

Further, whilst the built-up and altered/extended appearance of dwellings along [address] affords the area a high density character, the long gardens to the rear, which themselves appear to fall away towards open parkland beyond, provides for a strong sense of openness, spaciousness and greenery.

During my site visit, I noted that the extensions and alterations to the appeal property all combine to result in a neat, modern and attractively refurbished and extended dwelling. The patio the subject of this appeal has clearly been designed to tie-in with other changes to the house and garden and as such, forms part of a visually satisfying whole. 10.The patio does not, in any way, appear “disproportionately high in comparison to the remaining garden” as suggested by the Council and nor does it appear out of place. Rather, it sits proportionately and very comfortably to the rear of the altered dwelling within a wider area partly characterised by ongoing change. The sensitively selected materials and the patio’s position between the rear extension and the lower level of the garden, reached by a couple of steps, results in a sympathetic development which appears entirely in keeping with the host property and serves to significantly enhance its appearance to the rear. 11.The Council notes that the patio is not visible from [address] and taking this and the above into account, I find that the development does not harm the character and appearance of the area and is not contrary to the National Planning Policy Framework; to London Plan (2016) Policies 7.1, 7.4, 7.5 and 7.6; to DPD2 policy BP11; to Core Strategy3 policy CP3; or to the Council’s Residential Extensions and Alterations Supplementary Planning Document (2012), which together amongst other things, protect local character. Living Conditions 12.During my site visit, I observed that there is a solid fence to either side of the patio. At less than 2 metres in height, the fence does not appear especially tall, but it serves to provide for significant levels of privacy between the appeal 2 Barking and Dagenham Borough Wide Development Policies Development Plan Document (2011). 3 Barking and [name] (2010). 2 property and neighbouring dwellings to either side. The fence prevents direct overlooking into the rear gardens of Nos 96 and [address], to either side of the appeal property. 13.Whilst the Council states that the development the subject of this appeal “will allow for overlooking into the ground floor rear windows” of adjoining properties, I noted during my site visit that, due to the positioning of the patio and the fences to either side of it, this is not the case. 14.Taking the above into account, I find that the development does not harm the living conditions of neighbouring occupiers with regards to privacy. The development is not contrary to the National Planning Policy Framework; to London Plan (2016) Policies 7.1, 7.4, and 7.6; to DPD4 policy BP8; to Core Strategy5 policy CP3; or to the Council’s Residential Extensions and Alterations Supplementary Planning Document (2012), which together amongst other things, protect residential amenity.