Appeal 3316921

The appeal is allowed and planning permission is granted for erection of a two-storey rear extension; at [site address] , Edgeware, [postcode] in accordance with the terms of the application Ref: 22/5993/HSE dated 15 December 2022 and the plans submitted with it, subject to the schedule of conditions attached.

The main issue is the effect of the proposal upon the amenity of neighbouring users.

[site address] (No.7) is a large two-storey detached house within a small cul-de-sac of 10 broadly similar properties that date from the mid twentieth century. No.7 and its neighbours, No.6 and No.[address] (No.8) are previously extended houses that sit in generously sized, well-screened plots which fall gently away from the road frontage. The proposal would replace a small single storey kitchen wing at the rear with a two storey extension occupying less than half of the width of the existing building, doing so with a roof that conforms to the existing hipped tiled roof form.

The proposal would replace an existing ground floor extension to the kitchen which occupies part of the rear elevation with a wider but partial-width two storey extension incorporating a hipped roof extending three metres from the rear wall of the host dwelling at upper floor level. As the proposal is at the rear of the property it will have little impact upon the street scene. The Council indicate they consider the design to be acceptable on design and character grounds although this would be reliant on care in the use of suitable materials.

The Council point to the impact on the residential amenity of adjoining users in No.8 arising from the different positioning of the two buildings such that due to proximity to the common boundary, stating that the additional structure at upper floor level would harmfully impact upon the neighbouring property. The proposal would increase the extent of the flank wall that is located close to the northern boundary with No.8 but this would project no further than the existing ground kitchen extension and the additional built form would be above this. [name].8 is set further forward (towards the street) than the appeal site, my observations are that No.[address] is well-planted along the shared boundary and also around its rear terrace area. This would tend to soften and limit the visual impact of the proposal and reduce any impression of bulk in views of the proposed upper-floor extension from its northern neighbour.

Overall whilst there is a degree of conflict with the Barnet Residential Design Guidance SPD (2016) as referred to by the Council, the limited extent of the proposal, the softening effects of the boundary planting and noting that Nos. 6,7 and [address] enjoy wide plots with an ample open outlook to the east, when taken together I consider the additional enclosing effect of what is proposed will be limited and to a not-unacceptable degree.

I therefore conclude that there would be no conflict with Policy DM01 of the Barnet Development Management Policies DPD (2012) or with Policies CS1 and CS5 of the [name] (2012) which seek high quality design and to protect character and amenity allow for adequate daylight, sunlight and privacy for adjoining users. The proposal would accord with the development plan taken as a whole and in consequence, taking all matters raised into account, the appeal succeeds subject to the usual timing and plans conditions. I have also considered the conditions proposed by the Council and adjusted these to address matters which are material to my reasoning in relation to the appearance of the proposal and the potential for overlooking from the introduction of new openings.

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

The development hereby permitted shall be carried out in accordance with the following approved plans: 222168/02 rev A

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing building.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that order with or without modification), no windows or doors, other than those shown on the approved plans shall be installed in the flank elevations of the development hereby permitted without the prior permission in writing of the local planning authority.