Appeal 3356509

The appeal is allowed and planning permission is granted for addition of basement, fenestration and internal lift to the approved application ref EPF/0377/24 at [site address] , Essex [postcode] . The permission is granted in accordance with the terms of the application [name]/1052/24, dated 17 May 2024, subject to the following conditions:

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 following approved plans: location plan, 325/B (site plan), 322/B (street and garden scene), 315/B (side elevations), 317/B (section), 306/B (basement plan), 307/B (ground floor plan), 308/B (first floor plan), 309/A (second floor plan) and 319/B (roof plan).

The materials to be used in the construction of the external surfaces of the basement extension hereby permitted shall match those used in the existing building.

A revised version of the National Planning Policy Framework (the Framework) was published on 12 December 2024. The content of the revised Framework has been considered but in light of the facts in this case it does not alter my conclusion.

The main issue is the effect of the proposal on the character and appearance of the host dwelling and the surrounding area.

The appeal property is a two storey detached dwelling in a residential road of similar dwelling types of individual design and appearance. The surrounding area is residential in character.

The proposed basement is an addition to approved extensions to the appeal property. Due to the change in ground levels from the front to the rear, the basement would be evident in side profile and particularly to the rear. It would extend beyond the ground floor resulting in a tiered rear elevation. As such, the extended rear elevation would be of substantive scale and bulk across three storeys.

No 1 is located on a generously-sized plot with a wide and deep rear garden, which slopes down to a high embankment immediately beyond the rear boundary. The garden has tall close-boarded fences to the shared boundaries on both sides. Consequently, the garden is self-contained and the overall extent of the rear elevation, particularly the low-level basement, would not be visible from neighbouring gardens on [address] or [address]. Moreover, the overall size of the plot means that the size of the extended dwelling would not be disproportionate or a form of overdevelopment.

The dwelling would extend to a limited degree beyond the largely consistent rear building line along this side of the road and, therefore, it would not be visible from neighbouring dwellings. The full extent of the rear elevation would also not be apparent from properties to the side on [address] due to separation distances, trees and shrubs, and the relative position of properties to each other.

Therefore, for these reasons, I conclude that the proposed basement would not have a harmful effect on the character and appearance of the host dwelling and the surrounding area. Consequently, it is not contrary to Policy DM9 of the Epping Forest District Local Plan 2011-2033 (2023), which requires all new development to achieve a high quality of design and to contribute to the distinctive character and amenity of the local area. It is also not contrary to the Framework, which promotes well-designed places.

Interested parties raise concerns about overlooking of properties on [address]. This would not occur from the low-level windows in the basement and any concerns about windows in the upper floors relate to the approved changes, which are outside the scope of this appeal.

For the reasons given above, the appeal should succeed. Of the Council’s suggested conditions I have imposed the standard time condition and, to ensure the proper implementation of the proposal, one requiring development to be carried out in accordance with the approved plans. I agree that a condition requiring external materials to match those of the existing dwelling is also necessary.