Appeal 3290984

The appeal is allowed in part and planning permission is granted for a rear extension to existing property to create larger kitchen/dining space at [site address] , Walthamstow, [postcode] in accordance with the terms of the application, Ref 213695, dated 24 November 2021, subject to the conditions set out in the attached schedule.

For clarity, permission is only granted for that part of the development referred to under the decision above. The appeal is dismissed insofar as it relates to a rear dormer to create additional bedroom and bathroom within roof space.

In considering the application the subject of this appeal, the Council stated that that part of the proposal relating to the proposed rear extension to existing property to create larger kitchen/dining space was acceptable. Consequently, this appeal decision focuses on the proposed rear dormer.

A Lawful Development Certificate1 provides for the development of a rear dormer, albeit of different design to that proposed. 1 Reference: 090157.

I have taken the description of development from the application form. The Council, in its decision notice, describes the development proposed as “Demolition of existing ground floor rear extension and construction of a single-storey rear wraparound extension, together with alterations to the first floor rear elevation, fenestration and the construction of a rear dormer roof extension to the main rear roof with the installation of two roof-lights to the front roof slope (amended description).”

The main issue in this case is the effect of the proposed development on the character and appearance of the area.

The appeal property is a mid-terrace two storey dwelling. It is set back from the road behind a short garden area and has a longer narrow garden to the rear. The dwelling has a two-storey outrigger and a small single storey extension to the rear.

It is located in a residential area characterised by the presence of similar two storey terraced dwellings. Like the appeal property, dwellings have short gardens to the front and longer gardens to the rear. 10.During my site visit I noted that whilst many houses in the area have been altered and/or extended and that such changes generally appear in keeping with host properties and their surroundings. Number [address], next door to the appeal property, has a large infill and dormer extension to the rear. 11.The proposed rear dormer extension would extend across the full width of the main rear roof. There would be no set-back from the eaves. Consequently, the proposed dormer extension would completely dominate the rear roof. It would fail to appear as a subordinate addition. 12.The harm arising from the above would be exacerbated as a result of the proposed dormer drawing attention to itself as an overwhelmingly large and disproportionate addition to the host dwelling. 13.[name] note above that No 12, next door, has a dormer extension, this is set back from the eaves and forms part of a different design approach to the proposal the subject of this appeal. As such, it does not provide a precedent for the proposal before me. 14.Whilst, in support of his case, the appellant refers to an approval for another development proposal on another street elsewhere in Waltham Forest, I note that that the circumstances relating to that property are different to those relating to the appeal property. Notwithstanding this, I have found that the proposal before me would, in any case, result in harm and this is not a factor outweighed by an approval relating to a different property elsewhere. 15.Taking the above into account, I find that the proposed rear dormer would harm the character and appearance of the area, contrary to the National Planning Policy Framework; to Policies CS2 and CS15 of the Core Strategy2; to Policies 2 Reference: Waltham Forest Local Plan Core Strategy (2013). 2 DM4 and DM29 of the Local Plan DMP3; and to the Council’s Supplementary Planning Documents “[name]. Alterations” (2010) and “[name]” (2010), which together amongst other things, seek to protect local character.

I have considered the conditions proposed by the Council against the tests set out in Paragraph 56 of the Framework.

A condition specifying the approved plans is necessary for the avoidance of doubt and in the interests of proper planning. 18.A condition controlling external finishes is necessary in the interests of local character.

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

The development hereby permitted shall be carried out in accordance with the following approved plans insofar as they relate to a rear extension to existing property to create larger kitchen/dining space: [name]; [name]; Ground and [name].

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. ------------------------------------------------------------------------------------------------------- 3 Reference: Waltham Forest Local Plan Development [name] (2013). 3