Appeal 3343241

The appeal is allowed and planning permission is granted for the erection of an additional storey to the existing rear & side extension towards the rear, convert part of the garage into a utility room and replace the existing windows with bi-fold doors at the rear of the house at [site address] in accordance with the terms of the application Ref: 24/0374/HOT, subject to the following conditions:

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

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building or as specified on the application forms.

The development hereby permitted shall be carried out in accordance with the following approved plans: 509-23 0400 Rev P1, 509-23 550 Rev P1, 509-23 0500 Rev P1, 509-23 551 Rev P1, 509-23 0501 Rev P1, 509-23 300 Rev P2, 509-23 0401 Rev P2, 509-23-200 Rev P2, 509-23 0100 Rev P2, 509-23-201 Rev P2, 509-23-0101 Rev P2.

The development shall be carried out in accordance with the provisions of the [name] as submitted with the application.

The main issues in this appeal are: a) the effect of the proposal on the character and appearance of the existing property and of the local area, including the non-designated heritage assets, and b) the effect of the proposal on the living conditions of the neighbours at No [address], with particular regard to outlook.

The appeal property is a detached property on a generous plot on the east side of [address]. There is considerable variety to scale and design of the detached properties along the road with the properties on either side of the appeal property being detached Victorian properties, both of which are designated by the Council as Buildings of [name]. They are both attractive Victorian dwellings with period features which contribute to their significance. The properties along [address] are generally well spaced.

There is an existing wide, single storey, flat roofed element along the southern side which projects both forward and to the rear of the main dwelling. The proposed development would add a first floor extension over part of the single storey part, set back from the front of the property and then extending to the rear for the length of the single storey element. The front part of the extension would be the full width of the ground floor extension, with a hipped roof that would be lower than the ridge of the main roof. The rear element would be set in from the side elevation with a hipped roof and gable rear end. There would be alterations to the internal spaces and some of the ground floor rear windows would be changed to bi-fold doors.

The first floor side extension would be set well back from the front elevation of the existing property and with its modest width in relation to the existing property as well as the lower roof ridge, the extension would appear subservient in form to the existing property. It would also assist in reducing the extent of the flat roofed area to the side of the property.

The main roofs to the property are hipped and the proposal at the rear would introduce a gable end wall. However, given its modest scale and position at the rear and to one side, I do not consider that this would harm the character and appearance of the existing property.

Within the street scene the existing property is well spaced from its immediate neighbours and is more modest in terms of height. Given the scale of the proposed extension and its modest roof form, I do not consider that it would materially intrude on the gap between the appeal property and the Building of [name] to the south. The proposed extension would not dominate the existing house or the neighbouring property and the sense of spaciousness between the two would be retained.

I am therefore satisfied that the proposed extension would respect the character and appearance of the existing property as well as the street scene and the setting of the adjacent Building of [name]. There would be no conflict with Policy D4 of the London Plan, Policy LP1 of the Council’s Local Plan and the [name] and External Alterations Supplementary Planning Document (SPD), as well as the National Planning Policy Framework 2023 (Framework), and in particular Sections 12 and 16, all of which, amongst other matters, seek a high quality of design which respects the local context including, at paragraph 209 the effect on the significance of non-designated

The neighbouring property to the side where the extensions are proposed is No [address]. Whilst parts of the extension would be seen from the neighbouring property and rear garden, there would remain a generous separation between the extension and the neighbouring property. Given the design of the proposal with its modest roof form and roof height, in comparison with the scale of the neighbouring property, I am satisfied that the outlook for the neighbours both from the property as well as from within their garden would not be materially harmed.

I therefore conclude that the proposal would not materially harm the living conditions of the neighbours at No 6 [name], with particular regard to outlook. There would be no conflict with Policy D4 of the London Plan, Policy LP8 of the Local Plan and the SPD, as well as the Framework and in particular paragraph 135 f), all of which amongst other matters, seek a high quality of design which respects the amenities of existing and future occupiers.

In terms of conditions, materials should match the existing or as specified on the application forms to respect the character and appearance of the existing property and of the local area, and the approved plans should be listed for the avoidance of doubt and in the interests of good planning. I shall also add a condition to require the submitted [name] to be complied with. The Council has requested a condition to prevent the use of the roofs as a terrace or balcony but as the proposed extensions which form part of this proposal before me have sloping roofs, I do not consider it necessary or reasonable to add such a condition.

For the reasons given above and having regard to all other matters raised, I conclude that this appeal should be allowed.