Appeal 3294074

The appeal is allowed and planning permission is granted for a first floor extension at [site address] in accordance with the terms of the application, Ref 21/02683/HHOLD, dated 9 October 2021, and the plans submitted with it, subject to the following

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

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.

The development hereby permitted shall be carried out in accordance with the following approved plans, drawings numbered: 4118/E/01, 4118/E/02, 4118/01/A, Location Plan dated 20 May 2021 and Block Plan scale 1:500.

The proposed rooflight to the rear roof slope of the addition hereby permitted shall have a cill height of a minimum of 1.7 metres above finished floor level in the room in which it is installed, and the cill height shall be maintained at all times.

I consider the main issue to be the effect of the proposal on the living conditions of the occupiers of numbers 2 and 3 [site address] in terms of its potential to result in an overbearing and oppressive outlook.

The appeal property, [site address] , is a two-storey semi-detached house with roof space accommodation. The dwelling is part of a small infill development of semi-detached houses positioned, to north and side on to the detached houses facing onto [site address] .

It has, what appears to be a former garage (now a kitchen with garden store) attached to the side elevation of the house and set well back from the access road façade. The appellants propose the construction of what is identified on the plan as a study over this single storey element, accessed from the master bedroom suite.

The roof of the proposed first floor addition would be a gable roof to match the main dwelling, but with the eaves line set below that of the main roof. The new extension would be tile hung, which would serve to break up the visual mass of the new flank wall. Accordingly, the extension would appear as a well-mannered subservient addition to the main house.

The new room would have a window facing the access road and a high-level roof light in the rear roof slope.

The Council have found that the proposed addition would have no impact on number 13 [site address] in terms of overshadowing or appearing overbearing. From what I have seen and read I would not form a contrary view. There is however the potential for overlooking leading to a loss of privacy from the proposed roof window in the rear roof slope. However, subject to the height of its cill, a matter that could, in the event that I allow the appeal, be conditioned, this concern can be addressed.

The proposed first floor extension would serve to bring the development closer to the rear of numbers 2 and 3 [site address] . From the evidence I understand that the extension would nevertheless still be some 2.3 metres from the common boundary to numbers 2 and 3. Which in turn have rear gardens of some 7.0 metres or so deep.

Given the location of the proposed extension to the north of numbers 2 and 3 and the separation distance it would not result in the loss of sunlight, daylight or cause overshadowing.

Furthermore, on balance given the overall height of the new flank wall and the introduction of tile hanging to break up the visual mass of the wall I do not consider that the new wall would appear so overbearing as to be oppressive on the outlook of occupiers of number 2 and 3 as to cause harm to their living

I conclude in respect of the main issue that the proposed first floor extension would not cause harm to the living conditions of the occupiers of numbers 2 and 3 [site address] in terms of its potential to result in an overbearing and oppressive outlook. The development would thereby accord with the aims of Policy DES1 of the Reigate and Banstead Development Management Plan ([name] 2019), Policy CS4 of the Reigate and Banstead Local Plan Core Strategy ([name] 2014) and the Supplementary Planning Guidance- Householder Extensions and Alterations ([name] 2004) as they seek to protect residential living conditions.

The conditions follow from those suggested by the Council. To ensure a high quality development, I shall include a condition about the materials to be used in the construction of the external surfaces of the building.

I will also condition the height of the cill of the rooflight to the rear elevation to ensure that it does not result in overlooking or loss of privacy to neighbouring residential occupiers.

In the interests of certainty, I shall impose a condition requiring the development to be undertaken in accordance with the approved plans.

For the reasons given above and having regard to all other matters raised, I conclude that the appeal should be allowed.