Appeal 3330475

The appeal is allowed and planning permission is granted for front and rear dormer at [site address] in accordance with the terms of the application, Ref: 23/00392/HSE, dated 9 April 2023, and the plans submitted with it, subject to the following conditions:

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 plan: ATP 22005 1D [name].

The materials to be used in the construction of the development hereby permitted shall be in accordance with those identified on the application form.

Since the determination of the application the National Planning Policy Framework has been superseded by the National Planning Policy Framework (2023) (the Framework). However, in relation to this appeal the aims of both sets of policies are similar. No party would be prejudiced or caused any injustice by me proceeding with the appeal in light of this change in policy.

The main issue is the effect of the development on the character and appearance of the existing property and area in general.

The appeal site lies within a predominantly residential area comprising mainly traditional two storey properties. Dormer extensions to the front and rear of properties are not uncommon in the area.

The scale and design of the proposed development would be similar to dormers on many properties within the immediate area, which form part of the character and appearance of the area.

The Council confirm that a similar rear dormer could be built under permission development rights. [name] give this significant weight, I observed that the proposed development would assimilate into the area in light of the number of dormers visible within the immediate area.

The Council do not raise concern regarding the materials proposed to be used confirming that these are appropriate and acceptable against the existing property and terrace as a whole. I do not disagree.

I conclude that the proposed development would not harm the character and appearance of the existing property and area in general. There would be no conflict with Policy BT1 of the Calderdale Local Plan 2018/19-2032/33 (2023) which seeks to ensure developments respect or enhance the character and appearance of existing buildings and surroundings, taking account of its local context.

There is no conflict with the Framework which seeks amongst other things to ensure good design of developments.

For the above reasons I conclude that this appeal should be allowed.

I have imposed conditions relating to the standard time limit for commencement of development and plans to be adhered to as this provides certainty. I have also added a condition concerning materials to ensure a satisfactory appearance.