Appeal 3317019

The appeal is allowed, and planning permission is granted for a rear, single storey extension and new garage with bedroom accommodation above. Formation of 2no. new windows on north west elevation and reconfiguration of existing ground floor window on south east elevation. Addition of canopy above entrance door at [site address] in accordance with the terms of the application, APP/22/01137/F, dated 12 August 2022 and the plans submitted with it, subject to the conditions in the schedule below.

The main issue is the effect of the development on the character and appearance of the area and the host property.

The Council’s concerns relate to the first-floor extension and subsequently to the submission of this appeal planning permission has been granted for a similar scheme which omits that element1. I have therefore primarily restricted my considerations to the matter in dispute.

[name] has a sylvan, suburban character with residential properties on each side of the road. The appeal property is located within a row which is set further forward at the far end. It has a unique design with a three-storey turret feature to the side which is notable in views along the road. 1 Council Reference APP/23/00158/F - Single storey, side and rear extension; formation of 2no. new windows on north west elevation and reconfiguration of existing ground floor window on south east elevation; addition of canopy above entrance door. Approved 25/04/2023

The first-floor side extension would follow the form of the proposed garage below but would be inset, and in contrast to the rest of the extension, which is to be brick, it would be timber clad. Whilst it is not a material that features on the appeal property or its neighbours, in my experience it is often used for a more contemporary appearance. The appellant has also drawn my attention to a recently approved scheme for a property further along the road which is to include timber cladding2. I also agree with the appellant that there is some contextual reference to the surrounding trees. I, therefore, do not find the material objectionable or that it would make the extension more intrusive.

The form and design of the entire development would be distinctly different to the more traditional appearance of the host property. While the extension would cover the rear part of the side elevation this is an extension, and the Council have accepted the introduction of a different form in relation to the ground floor elements. The extension would have a subservience to the host property being significantly set back from the front elevation, beyond the turret, and set down from the ridge with a height just below the eaves line.

The architectural style and scale of properties along [name] vary and there are no special designations or locally distinctive design that it is necessary to promote or reinforce. The first-floor element would introduce a different feature; however, this does not mean that it would be incongruous, and the National Planning Policy Framework (paragraph 130) indicates that while ensuring development is sympathetic to local character appropriate innovation or change should not be prevented or discouraged.

In my view, given its form and siting the first-floor extension would not be an overly dominant addition. Whilst parts of the extension will be visible the original property, in particular the turret which itself is different, would still be the prominent feature in views along the street and the overall suburban character would be maintained.

I thereby conclude that the first-floor extension would not have a harmful effect on the character and appearance of the area. As such the development would accord with the requirements of Policy 27 of the Poole Local Plan requiring a good standard of design, to respect and relate to the existing building, and to maintain or enhance any details that contribute positively to local character.

The Council has suggested a number of planning conditions. Where necessary and in the interests of simplicity, clarity and precision I have altered the conditions to better reflect the relevant guidance.

To ensure compliance with the statutory requirements a timeframe condition is required. For certainty, plan conditions, including details of the materials, are imposed. I also agree that conditions are necessary to prevent the flat roofs from being used as a terrace in the interests of residential amenity, and to ensure that the existing trees are protected during construction.

An obscure glazing condition was also suggested, although no specific window was identified, and there are no windows proposed in the side elevation of the 2 [name] reference to 20 [name] – planning approval APP/22/1627/F first-floor extension or elsewhere which would result in a direct loss of privacy for this to be necessary.

For the reasons set out the appeal is allowed.

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 approved plans: 0073-001 – proposed location and block plan, 0073-002- existing site plan, 0073-003 – existing floor plans, 0073-004a- proposed site plan, 0073-005a- proposed ground floor plan, 0073-006 proposed first floor plan, 0073-007 – existing north and east elevations, 0073-008 -existing north west and north east elevations, 0073-009a- proposed south west and north east elevations, 0073-010a-proposed south east elevations, and 0073- 011a- proposed north west elevation.

The external surfaces of the development hereby permitted shall be constructed in the materials shown on the approved plans.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 and the Town and Country Planning Act 1990 or any subsequent re-enactments thereof, the flat roof area of the development hereby permitted shall not be used as a balcony, roof garden or similar amenity area.

All development including ground clearance and preparatory work shall be carried out in accordance with the Arboricultural Impact Assessment and [name] and Tree Protection Plan. – ref DS/46322/AC. The protective fencing shall be erected before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority.