Appeal 3300398

The appeal is allowed and planning permission is granted for erection of a 3 bedroom detached dwelling with vehicular access in accordance with the terms of the application Ref: 20213002 dated 08 December 2021, and the plans submitted with it, subject to the following conditions:

The works authorised by this consent 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 plan: 3728-02 [name].

Planting: within the first planting season following completion of the development hereby approved, a scheme for shrub planting of the boundary with [address] shall be implemented in accordance with details previously submitted to, and approved in writing by, the Local Planning Authority.

Materials: No development above ground level shall take place unless and until trade descriptions or samples of materials to be used in the facing of wall and the surfaces of roof have been submitted to, and approved in writing by, the Local Planning Authority. The development shall proceed in accordance with the approved details.

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

[address] (No.49) is located at the intersection of two suburban roads mainly populated by mid-twentieth century two storey, detached and semi-detached housing. The proposed extension would project from the flank wall of No.[address] which currently is in general alignment with the front elevations of dwellings on [address] (odd numbers). On that basis the proposed extension would fall outwith what would have been the original pattern of development. However, many dwellings have been subsequently altered and extended. This includes numbers 52 and [address] and No.[address] which are located on the other corners of the same intersection and are extended in differing ways at the side towards each adjoining highway.

The corner location of the proposal would allow a wider view of the proposed extension and its relationship with the host dwelling as a subservient addition, in which regard frontage setback attracts less importance; overall, subject to the use of matching materials, the proposal would not appear as an incongruous addition to the host dwelling therefore not appear out of character with the existing pattern of development.

The extension would occupy the greater part of a small grassed area which, due to its side location, appears to have little value as an amenity space for users, nor does it make a positive contribution to the street scene. Furthermore, the rear garden of No.49, enclosed by high fencing at its side boundary, provides physical and visual separation from [address] (No.59). Notwithstanding the side door access indicated, the proposal would also provide some opportunity for shrub planting at that (side) road frontage which would mitigate the introduction of the extension into the street scene.

Consequently, although I note the sloping topography of the area in which the host dwelling is set is such that the proposed extension would be somewhat higher relative to the adjacent road than other extensions I have referred to, the height difference would neither be impactful on adjoining users due to the separation from No.59, nor upon the street scene if softened by appropriate planting. Overall, within the wider setting of other extended and altered dwellings, the proposal would not appear incongruous as an addition to the host dwelling nor, therefore, would it appear out of character with the existing pattern of development.

As my reasoning directs, the proposal would not conflict with Policies CS02 or CS03 of the Leicester City Core Strategy (2014), nor with Policy PS10 Of the City of Leicester Local Plan (2006) which, overall, seek to achieve high quality design, distinctive places and protect neighbouring users from unacceptable impacts. I therefore conclude that, taking all matters raised into account, the proposal would accord with the development as a whole and therefore the appeal should succeed.

Other than the usual time limit and plans condition, conditions to ensure choice of materials does not impact upon character and appearance, and a scheme for planting at the boundary with [address] is also necessary to ensure the development accords with the basis of my decision.