Appeal 3319820

The appeal is allowed and planning permission is granted for ‘Erection of new fence, piers and gates to front including associated landscaping, erection of open porch to front, single storey side/lean-to extension, conversion of garages to habitable accommodation, single storey rear extension, first floor front and side extensions, replace tile hanging with render, render over brickwork and alterations to fenestration’ at [site address] in accordance with the terms of the application, Ref 22/00695/FUL, dated 23 November 2022, subject to the conditions set out in the attached schedule.

The Appellants had indicated that a split appeal decision separating the issues of the boundary treatment and extensions would be acceptable to them. Given that I have decided the appeal scheme is acceptable in its entirety, I have not considered the virtues of a split decision in any detail in this decision.

The main issue for this appeal is the effect of the proposal on the character and appearance of the surrounding area.

The appeal site is a detached dwelling situated at the upper (north-western) end of [address], a short distance from the junction with [address]. [address] is predominately residential and is suburban in character. Further along the road the built grain becomes tighter and the type, mass and spacing of housing becomes more modest and regular, creating a sense of uniformity. However, immediately adjacent to the appeal site there is varying building typology, mass and orientation. The ground level of the road drops away further along [address], thereby highlighting the transition between the irregular arrangement at the upper end of the road and the more planned and regular estate character of the wider surroundings. [address] has a semi-enclosed character due to the limited set-back of some properties from the road and high verdant boundaries.

The appeal site has a simple architectural style, typical of the area, but its type and detailing does not match the predominant dwelling type in [address]. Indeed, its style is more akin to that of [address], a nearby off-shoot close.

With regard to scale, it is noted that [name]([name]) seeks extensions which are subordinate to the original dwelling. Such supplementary planning documents provide helpful guidance as to what may be considered good design; however, this must be considered alongside the individual circumstances of the site and proposal. The dwelling on the appeal site is narrower and more modest in scale than the immediately surrounding dwellings on the same side of the Road. Indeed, this difference is particularly notable due its setback from the road in contrast to the larger neighbouring property and the topography. Given the built context, the appeal site has the capacity for the comprehensive re-design proposed by the appeal scheme without adversely affecting the established character and uniformity of the street scene. Moreover, the resulting scale of the dwelling would appear proportionate to surrounding buildings.

The appeal scheme would introduce gable to the front elevation. The property ‘two-doors up’ has a large front facing gable inclusive of the entire first floor. The majority of properties along the road have gable-ends and many of these flank gables front the road, making gables a characteristic feature of the area. As such, the proposed gable would integrate well with local character and would not be unduly prominent or dominant.

The proposed fence would be no higher than other boundary treatments in the immediate vicinity, including well-established mature hedges. It would not be out of keeping with the semi-enclosed character of the area. Whilst front fences are not a typical boundary treatment along [address], the appeal scheme proposes to landscape the fence with hedging to filter views and soften its appearance, integrating it well with the adjacent hedge. As the appeal site also already has a mature hedge of a similar height to the proposed gates and fence, the appearance of the site with the landscaped element would not appear starkly different from its current appearance.

Further, the fence and gates would provide added security and safety for the Appellant’s family, to ensure that a child with SEN cannot access the road unsupervised, which weighs in favour of the scheme.

For these reasons, the appeal scheme is in accordance with policy DM9 of the [name] and Development Management Policies Document (CS and DMPD), adopted 2012, and the overall aims of SPD, which seek high quality design which respects local character, amongst other things.

The Council has requested a total of 4 conditions; a 3-year commencement date for development, construction in accordance with approved plans, materials in accordance with plans and those specified in the application form, and obscure glazing of windows. I consider these policies necessary, reasonable and in compliant with the legal and policy tests for conditions to ensure that development takes place in a timely manner, in line with the proposed design details, whilst protecting the living conditions of occupiers of neighbouring property.

I also consider that a further condition to secure the mitigating landscaping for the fence and gates is necessary for the reasons outlined above and in accordance with the policy and legal tests.

For the reasons stated above, I find that the appeal scheme accords with the relevant policies of the Development Plan and no material considerations indicate that the appeal should be determined other than in accordance with the Development Plan. The appeal is allowed.

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: Location and [name] 2022/67/L01, [name] 2022/67/P03, [name], Piers and Gates 2022/67/P04, [name] 2022/67/P01, and Proposed Roof Plan 2022/67/P02.

Notwithstanding the conditions above, the materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with approved plan 2022/67/P03 and 2022/67/P04 and the application form.

Notwithstanding the conditions above, the approved details of landscaping shown on plan 2022/67/P04 shall be carried out in the first planting and seeding seasons following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.