Appeal 3283308

The appeal is dismissed.

Article 3(1) and Schedule 2, Part 1, Class AA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO) grant planning permission for the enlargement of a dwellinghouse by construction of additional storeys. It is proposed to erect a third storey to an existing two storey dwelling.

The conditions at [name].2.(3) of Class AA require, amongst other things, the developer to apply to the local planning authority for prior approval as to the external appearance of the dwellinghouse, and the impact on the amenity of any adjoining premises.

Taking the above into account, the main issues are the effect of the proposed development on: the external appearance of the dwellinghouse; and the living conditions of residents of adjoining properties, with specific regard to privacy and light.

The appeal dwelling comprises one half of a pair of semi-detached houses which are set slightly further back from the highway than the neighbouring rows of terraced houses either side. The surrounding area is characterised by neatly arranged and modestly proportioned two storey terraced and semi-detached housing in an inter-war estate layout.

The proposed erection of a third storey to the appeal dwelling would create an odd form of development, where the neighbouring half of the pair of semi-detached houses would remain 2 storeys in height. This would appear entirely out of place amongst the neatly arranged existing two storey houses of the estate and would be conspicuous in long views from the surrounding area on account of its height.

The design of the proposed additional storey would follow the layout of the existing house. It would incorporate a matching fenestration arrangement, matching external materials and matching hipped roof pitches; however, these design features would fail to mitigate the harm which would be caused to the external appearance of the dwellinghouse by the excessive scale of the proposal.

The proposed development would therefore have a significantly harmful effect on the external appearance of the dwellinghouse and the character and appearance of the area. This would be contrary to the guidance set out at Paragraph 130 of the National Planning Policy Framework, which advises planning decisions should ensure that developments are visually attractive and sympathetic to local character, amongst other things.

The proposed extension would introduce new front and rear facing windows at second floor level. The appeal site has a long rear garden which backs onto a neighbouring long rear garden. The front of the appeal dwelling faces onto the highway and a cul-de-sac opposite. None of the new windows would overlook directly into any neighbouring properties and the proposal would not therefore cause any unacceptable harm to the living conditions of neighbouring residents with regard to privacy.

The appeal dwelling is orientated with its front elevation facing to the south. There is a generous separation distance between the appeal dwelling and the neighbouring end of terrace dwelling at [address]. There would be an increase in overshadowing of the rear gardens of 13 and [address] for short periods of the day. The increase in overshadowing would be small due to the orientation of the appeal building and those gardens. The proposal would not therefore cause any unacceptable harm to the living conditions of neighbouring residents with regard to light.

The proposed development would not harm the living conditions of neighbouring residents, but it would cause significant harm to the external appearance of the dwellinghouse and the character and appearance of the area. For the reasons given above, the appeal is dismissed.