Appeal 3283265

The appeal is dismissed.

I consider that the main issues are the effect of the proposal on (1) the character and appearance of the area; and (2) the living conditions of the occupiers of the neighbouring property, [address].

The appeal site is a detached house on the corner of [address] and [address] set in a triangular shaped plot extending along [address]. Whilst its address is [address], the front door is actually on [address] along with a driveway and garage. The house has previously been extended.

The proposal would involve a fairly extensive refurbishment and new build including a two storey side extension on its northern end. This would replace a single storey attached garage. Previous extensions have elongated the appearance of the house and although a single storey element would be removed, its replacement with the proposed two storey extension would emphasise the linear appearance of the house and its prominence on this corner location.

In terms of the street scene, I find no harm from the other works proposed for the house as there is a mix of detailing to housing in the area and tile hangings and render in particular are not unusual. The proposal overall would include extensive alterations to the appearance of the house but the side extension in particular would not reflect the style or design of the existing house but would appear at odds to its general character and appearance. The dormer window and the half hipped roof emphasise this.

Local Plan (2019)1 Policy D1 requires all new development to be of a high quality of design that responds to local character. Local Plan (2003)2 Policy G5 sets out design requirements for new development and Policy H8 sets out criteria for extensions to dwellings in urban areas. The Council’s SPD3 also sets out design principles which seek to ensure that house extensions and alterations are appropriate to the character and appearance of the existing property and the existing street scene around the property. The National Planning Policy Framework4 also cites the importance of good design.

I consider that the proposal would conflict with these policies with regard to this issue and therefore find that the proposal would have a harmful effect on the character and appearance of the area.

The appeal site, No 77 is almost at right angles to its neighbour, No 79 and the proposal would include a first floor terrace/balcony as well as a Juliette balcony to the master bedroom. The roof terrace/balcony in particular would provide elevated outdoor amenity space from which it would be possible to look towards the rear of No 79. I note that there is already some overlooking from upper floor windows and from an informal roof area accessed from a first floor bedroom. The latter would have limited use due to its lack of railings but a purpose built terrace/balcony would create a more permanent useable area from which to overlook No 79. I noted on my site visit that there was substantial vegetation that provided some screening and any overlooking would be at an angle. Although this angle and the vegetation, should it remain, lessen any actual overlooking, the relationship between the two properties would at the very least create a perception of overlooking that would impact on the living conditions of the occupiers of No 79.

Local Plan (2003) Policy G1(3) seeks to protect the amenities of nearby occupiers from unneighbourly development in terms of privacy, amongst other things. This is reflected in the SPD. I consider that the outside terrace/balcony would impact on the neighbour’s privacy in conflict with this policy and SPD. On this issue therefore I consider that the proposal would have a harmful effect on the living conditions of the occupiers of No 79.

I have found that the proposal would be unacceptable in terms of its effect on the character and appearance of the area and on the living conditions of the occupiers of the neighbouring property. In particular, the two storey side extension and the creation of a terrace/balcony to the rear would be unacceptable. I have considered all matters raised but none alter my

I conclude that the proposal, and in particular the two storey side extension would have a harmful effect on the character and appearance of the area and the rear terrace / balcony would harm the living conditions of the occupiers of the neighbouring property, [address]. As such the proposal would conflict with Local Plan (2019) Policy D1 and Local Plan (2003) policies G5. H8 and G1(3), the Council SPD and the Framework. The appeal therefore fails.