Appeal 3323222

The appeal is allowed and planning permission is granted for ‘Erection of single storey rear extension. Front floor front/side extension. Garage conversion, alterations to fenestration and rendering over existing brickwork’ at [site address] in accordance with the terms of the application, Ref 23/0194/FFU, dated 21 February 2023, subject to the conditions set out in the attached schedule.

I have recently determined an appeal at the same property [name]. APP/D3640/D/23/3319820. This appeal related to an application dated 23 November 2023, ref. 22/1221/FFU. The description of development was “Erection of a new fence, piers and gates to front including associated landscaping, erection of open porch to front, single storey side/ lean-to extension, first floor front and side extensions, replace tile hanging with render render over brickwork and alterations to fenestration’. The appeal was allowed. These appeals were not linked, however, this is a material consideration for the current appeal. I have determined this appeal on its own merits, with the ‘fallback’ scheme of the allowed appeal in mind.

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 result in a wider dwelling and 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.

In any case, the previously allowed scheme would have a very similar appearance within the street scene and would have an overall greater mass and scale than the current appeal 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.

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], [name] 2022/67/, [name] 2022/67/P01 [name], and Proposed Roof Plan 2022/67/P02 [name].

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 [name] and 2022/67/P04 [name] and the application form.

Before first occupation of the development hereby approved the first-floor window(s) in the north-western elevation facing the neighbour at no. 8 shall be completed in obscure glazing and any opening shall be at high level only (greater than 1.7m above finished floor level) and retained as such. No additional openings shall be created in this elevation without the prior approval in writing of the Local Planning Authority.