Appeal 3274203

The appeal is allowed and planning permission is granted for ‘first-floor side and first-floor rear extension’ at [site address] in accordance with the terms of the application, Ref 21/P0724, dated 16 February 2021, subject to the conditions set out in the attached schedule.

The description of development on the application form was amended following submission of the application. The original description better reflects the development proposed and I have referred to it for the purposes of this appeal.

The Revised National Planning Policy Framework (the Framework) was published on 20 July 2021. I am satisfied that the equivalent policies in the revised Framework have broadly the same approach as their counterparts, and they do not alter my conclusions on the matter in any case.

The main issues are the effect of the proposal on character and appearance of the host dwelling and surrounding area, and the effect of the proposal on the living conditions of occupiers of neighbouring properties; specifically nos. 71 and 67 [site address] .

The appeal site is a semi-detached dwelling with existing ground-floor side and rear extensions. It is situated in the predominantly residential street of [site address] , which comprises of semi-detached and terraced houses of a similar type and design. The street has a tight grain of development and uniform character. There is an uncharacteristic gap between the appeal site and the adjacent terrace due to the oblique orientation of the buildings towards a curve in the road. Whilst the appeal scheme would create additional built mass at first-floor level to the flank wall, it would not result in a cramped appearance or otherwise interrupt the pattern or grain of development in the vicinity, by virtue of the gap and the existing ground floor extension. Moreover, the overall size and design of the extensions would not appear out of place in the streetscene, as there are other examples of similar extensions in the immediate vicinity.

The proposed side extension would be set down from the main roof ridge of the host dwelling and it would also be setback from the front elevation. It would match the eaves height of the host dwelling and it would have a hipped roof, which would match the roof type of the host dwelling. Similarly, the proposed rear extension would be inset on both sides of the rear-elevation and its roof-pitch would be set-down from the main roof. As a result, its design, size, scale and mass would be subservient to the host dwelling and would respect its proportions.

For these reasons, the appeal scheme would comply with policies DMD2 and DMD3 of the London Borough of [name] and Policies Plan and [name] ([name]), adopted 2014, policy CS14 of the [name] (CS), adopted 2011, and policies D1, D3 and D4 of the London Plan (LP 2021), adopted 2021. These policies seek, amongst other things, high quality design which relates positively and appropriately to local character, and which respects and complements the original building.

The appeal scheme would bring the first-floor flank wall of the appeal site closer to the flank wall of no.71 [site address] , and would include two facing windows. The proposed windows would be obscure glazed, secured by way of a planning condition. Although no.71 has a large window in its side elevation, this window does not appear to serve a habitable room. As such, the appeal scheme would not result in any unacceptable loss of privacy to no.71.

Moreover, due to the orientation of the appeal site and no.71, combined with the tapered design of the proposed side extension which would maintain a distance to the boundary with no.71, the appeal scheme would not create any unacceptable overbearing or overshadowing impact on no.71.

No. [site address] [site address] is the other part of the semi-detached pair with the appeal site. The proposed rear extension would project beyond the plane of the rear elevation of no. [site address] first-floor level. However, the proposed extension would have a modest height and depth, and it would be inset from the boundary. The modest scale and overall design of the appeal scheme would therefore not result in any unacceptable loss of outlook nor any overbearing or overshadowing impact on no. [site address] . There would be no windows in the first-floor rear extension facing towards no. [site address] , and thus there would be no resulting loss of privacy. For these reasons, the appeal scheme would comply with policies DMD2 and DMD3 of the [name] and policies D1, D3 and D4 of the LP 2021. These policies seek to ensure living conditions of existing and future occupiers are not unduly diminished.

I have imposed standard conditions requiring the development is carried out in a timely fashion, in accordance with the approved plans. I also consider it necessary to impose a condition requiring the flank windows to be obscure glazed and non-opening, in order to prevent any adverse impact on the living conditions of no. 71 [site address] . I have also imposed a condition which restricts the use of the flat roofed elements of the appeal scheme in order to prevent any adverse impact on the living conditions of neighbouring occupiers.

The Council has requested a condition which would, notwithstanding the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), require prior permission be obtained from the Council for the insertion of first-floor side elevation windows. I do not consider it necessary to impose such a condition as any upper-floor side elevation window would require such permission, unless obscure glazed and non-opening in any case.

For the reasons stated above, the appeal scheme would comply with the relevant policies of the Development Plan. The appeal is accordingly allowed.

The development hereby permitted shall being not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans numbered: WG03 [name], WG04 [name] a-a and b-b, and WG05 [name].

The windows in the flank wall of the development hereby permitted shall be glazed in obscure glass to a height of 1.7 metres above internal finished floor level and designed to be non-openable to that height.

Access to the remodelled flat roof flanking either side of the first-floor rear extension hereby permitted, as described and shown on the approved plans, shall be for maintenance or emergency purposes only, and the flat roof shall not be used as a roof garden, terrace, patio or similar amenity area.