Appeal 3356632

The appeal is allowed and planning permission is granted for the introduction of a ramped access and remodelling of the existing external stair; replacement of the existing front boundary wall and retaining side boundary walls; erection of a new enclosed bin store; remodelling of the existing planting beds at [site address] , Camden, London [postcode] in accordance with the terms of the application, ref 2024/4025/P, subject to the following conditions:

The development hereby permitted shall begin no 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: 046-MK-E0100; 046-MK-P0122; 046-MK- P0141; 046-MK-P0163; [name]. Revision 1 – [site address] (1st July 2024); and Plant Schedule.

The external surfaces of the development hereby permitted shall be constructed in the materials shown within the approved plans.

Full details of the zinc canopy identified within the approved plans shall be submitted to and approved in writing by the local planning authority prior to its installation. The zinc canopy shall be completed in accordance with the approved details.

All planting, seeding or turfing shall be carried out in accordance with the approved plans within 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.

The appeal site is within the Redington / Frognal Conservation Area wherein I have a statutory duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) to pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

The main issue is whether the proposed development would preserve or enhance the character or appearance of the Redington / Frognal Conservation Area (CA).

The Redington / Frognal Conservation Area Character Appraisal & Management Plan (2022) (CAMP) describes the character of the CA as comprising smaller front gardens containing mature trees, and low front walls, metal railings or hedges contributing to a green and leafy character. The CAMP goes on to define the character of [address] as being lined with irregularly spaced trees, highlighting the red brick materials and [name] style architecture of the three-to-four storey dwellings as contributing significance of the CA.

The appeal site comprises a large, detached dwelling, reflective of the aforementioned materials and architecture of [address] contributing significance of the CA. Its elevated position from the highway gives it a commanding presence within the street scene, positively contributing to the character of the area. The CAMP identifies the appeal property as being part of a group of buildings making a positive contribution to the CA. Whilst the boundary treatments along [address] vary in character and scale, a low red brick wall adjoins the appeal site boundary with the highway with a front garden area sloping upwards. These contribute to the openness of the street scene and allow the appeal property to draw focus, positively contributing to the significance of the CA. At present, bins are required to be stored externally, which can create clutter and detract from the character and appearance of the CA.

The proposal would re-build the front wall adjoining the highway keeping it of a scale that would not screen or draw focus from the appeal property. The ramped access would involve the tiering of the front garden area with a second red brick wall, some of which would include a cast iron railing above, and timber bin/ bike store, both set back with a planting area separating them from the highway and providing screening once plants have matured. This tiering and separation with planting would articulate these elements and soften their appearance, preventing them from appearing as one continuous dominant boundary. Further, the proposed bin store would appear discreet and prevent the need for the external storage of the bins, reducing visual clutter. The proposal would therefore preserve the open and green character of the street scene and allow the appeal property to draw focus, positively contributing to the significance of the CA.

The proposed zinc canopy would be modest in size and sympathetic to the host dwelling, with views restricted to fleeting glimpses from the highway. Further, the Council consider the proposed zinc canopy likely to be acceptable and I see no reason to disagree.

Whilst there would be a reduction in the permeable planting area, at the time of my site visit the landscaping within the front garden of the appeal site was limited. The Council’s Tree and [name] confirms that the planting to be removed is not considered significant to the character and appearance of the with the most significant trees protected and retained. The proposal would represent an increase in existing planting that can be secured through condition, introducing a diversity of native planting and trees, benefiting the green character of the street scene.

The elevated position of the dwelling and modest heights of the proposed walls would allow good views of the appeal property from the highway, retaining its commanding presence within the street scene and positive contribution to the significance of the CA. Further, the proposal would utilise a similar design and materials to that observed within the area, such as the iron gate, replacement staircase, and steps, allowing it to integrate with the surrounding built environment.

Therefore, the appeal development would preserve the character and appearance of the CA and accord with Policies D1 and D2 of the Camden Local Plan (2017) and Policies SD4, SD5, SD6, and BGI 1 of the Redington Frognal Neighbourhood Plan (2021) (Neighbourhood Plan). When read together these policies require development to respect local context and character.

In addition to the standard time limit condition, I have attached a condition specifying the approved plans to provide certainty and to ensure the development does not harm protected trees. It is necessary to impose a condition to ensure the materials used in the construction of the external surfaces match those set out in the approved plans to safeguard the character and appearance of the area.

The Council have raised no objections to the proposed zinc canopy. However, they have requested additional details to be submitted prior to the commencement of works to preserve the character and appearance of the CA. [name] agree additional details of the canopy are required, these can be provided prior to its installation.

A condition requiring the implementation of landscaping and replacement of any planting should it die, be removed or become seriously damaged or diseased is necessary to safeguard the character and appearance of the area.

For the reasons given above, I conclude the appeal is allowed.