Appeal 3279526

The appeal is allowed and planning permission is granted for a first floor rear extension over existing conservatory at [site address] in accordance with the terms of the application, Ref 20210325, dated 16 March 2021, subject to the following conditions:

The development hereby permitted shall begin 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: 9WG/A3/01; 9WG/A3/02; 9WG/A3/03; 9WG/A3/04; 9WG/A3/05; 9WG/A3/06; 9WG/A3/07.

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.

Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no windows / dormer windows or other openings (other than those expressly authorised by this permission) shall be constructed above ground floor level in either flank elevation of the extension hereby permitted.

Notwithstanding the details on the approved plans any other window serving a bathroom shall be glazed with obscure glass to a level equivalent to [name] 3 or above (or the nearest equivalent standard) and top hung only and shall be permanently retained as such.

On 20 July 2021, the Government published a revised version of the National Planning Policy Framework (the Framework). I am satisfied that the updates to the Framework do not materially affect its content insofar as it is relevant to the main issues of this appeal, and I am therefore satisfied that no parties have been prejudiced by my having regard to it.

The main issue is the effect of the proposal on the character and appearance of the host dwelling and the surrounding area.

The appeal property is a two-storey detached dwelling with a single storey conservatory to the rear.

The surrounding area comprises residential dwellings generally of a similar design and appearance to the appeal property although there is variation in the width and ridge height of the front gables which are a particular feature of most of the dwellings. To the east of the site is a single storey building, [address], which appears to form part of [name].

The proposal involves increasing the width of the footprint of the existing conservatory by around 1.23 metres, with a first floor extension above. The extension would have a hipped roof and its ridge height would be lower than that of the host dwelling. It would extend across less than half the width of the existing property and would be of a design that matches the existing dwelling. Accordingly, in my view, the proposed extension would appear subservient in size and scale to the host dwelling.

The proposed extension would add considerably to the overall depth of the dwelling at first floor level. However, its overall scale and bulk would be reduced by its hipped roof design. Moreover, the resultant depth of the dwelling would not be particularly apparent in the street scene due to the siting of the adjacent dwelling, [address]. The extension would also be set in from the boundary of the site with [address] such that it would not be readily visible when approaching from that direction.

I acknowledge that the ridge height of the proposed extension, whilst set down from the ridge of the host property, would be higher than that of the two projecting gables on the front elevation of the dwelling. However, this imbalance would not be particularly apparent in the street scene and in my view, the proposed extension would not appear incongruous with the design and appearance of the host dwelling in terms of its height, bulk and scale. Furthermore, the extension would not be unduly prominent in the street scene and I am therefore satisfied that it would not result in material harm to the character and appearance of the area.

Accordingly, I find that the proposal would accord with Policy CS19 of the Gravesham Local Plan Core Strategy (adopted September 2014) which requires new development to be visually attractive, fit for purpose and locally distinctive and to make a positive contribution to the street scene, public realm and the character of the area. It would also comply with Section 12 of the National Planning Policy Framework (2021) insofar as it requires high quality design.

In addition to the standard 3 years implementation condition, I have imposed a condition requiring the extension to be constructed in matching materials to ensure a satisfactory external appearance. The approved plans condition is imposed for clarity.

I have imposed conditions controlling glazing and the insertion of additional windows on the flank elevations of the extension in the interests of the living conditions of the neighbouring occupiers. Whilst the Council recommend that this condition should also restrict development falling within Class G of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), in my view such a restriction is unnecessary.

For the reasons set out above, I conclude that the appeal should be allowed.