Appeal 3357965

The appeal is allowed and planning permission is granted for replacement of existing garage with two-storey side and rear extension, additional single-storey rear extension at [site address] , Waltham Forest, [postcode] in accordance with the terms of the application, Ref 241887, and the plans submitted with it, subject to the following condition:

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

The description of the proposed development is taken from the application form. The Council’s decision notice describes the proposed development as “construction of a two-storey side extension and a single storey rear extension together with the installation of a replacement bifold door at ground floor level. Construction of patio within rear garden and installation of side boundary fence and gate.”

Planning permission was previously granted1 by the Council for the construction of a two-storey side extension to facilitate the creation of an annexe. This permission expired in April 2024. Whilst this previously permitted scheme was similar to that the subject of this appeal, I am mindful that the proposal before me is for a development that would appear significantly lower in height and less visually imposing than that previously permitted by the Council.

The main issue in this case is the effect of the proposed development on the character and appearance of the area. 1 Reference: 210555

The appeal property comprises a two-storey end of terrace dwelling set back from the road behind a parking area and with a long garden to the rear. It is situated at the corner of [address] and Forest Drive and a public footpath towards Epping Forest runs adjacent to the side of the property.

The appeal property is located in a residential area characterised by the presence of short terraces of two storey dwellings. During my site visit, I observed that many dwellings in the area have been altered and/or extended. Additions to the terrace within which the appeal dwelling is located includes a front-facing dormer and rooflights and there are plentiful examples of rear extensions of various kinds throughout the wider area.

I also noted during my site visit that this end of [address] appears distinctively differently to elsewhere along the road. Forest Drive angles sharply away from [address] and together with the gap between the end of the appeal property and the nearest house along Forest Drive, this denotes a transition point from which there is a strong sense of the presence of Epping Forest along the public footpath and to the rear of the appeal property and dwellings along Forest Drive.

The proposed development, whilst it would not appear prominently from [address], or from Forest Mount Road, opposite the appeal property, would introduce visual interest and diversity into the urban grain alongside this transitional gap. Notably, I find that the proposal’s barbed roof profile, joinery details and burnt larch cladding would appear respectful, complementary and relevant to the immediacy of Epping Forest and the public footpath leading to it and would not appear as a dark, oppressive mass, as suggested by the Council.

Whilst the previous proposal approved by the Council appeared haphazard and jarred with the appearance of the host dwelling, the proposal before me, via its recess, dropped height and restrained fenestration, has clearly been designed to preserve the integrity of the host dwelling whilst presenting an innovative, contemporary design solution.

By wrapping around the side and rear of the dwelling in the manner in which it does, the proposal appears subordinate to and integrates well with, the host dwelling and serves to present an extension which addresses a transitional gap and provides an interesting visual link between the appeal property and Epping Forest.

As a recessed side extension, the barbed element of the proposal would be seen in an entirely different visual context to the front of dwellings along [address] and in this regard, I am satisfied that the proposal would not appear detrimental to the “relevant terrace parade” as asserted by the Council.

Altogether, I find that the proposal is sympathetic to local character and that, in line with national policy as set out in Paragraph 135 of the National Planning Policy Framework, it presents an innovative approach that supports the development of a strong sense of place. Whilst innovation can often lead to divergent views, in this case, for the reasons set out above, I am satisfied that the proposed development comprises a bold design solution without significant harm to local character.

Consequently, I find that the proposed development would not harm the character and appearance of the area and that it would not be contrary to the National Planning Policy Framework; to Policy 53 of the Local Plan2; to the Council’s Urban Design Supplementary Planning Document (2010); or to the Council’s Residential Extensions and Alterations Supplementary Planning Document (2010), which together amongst other things, seek to protect local character. 2 Waltham Forest Local Plan Part 1 (2024).

I have considered the conditions against the tests set out in Paragraph 56 of the Framework. I find that a condition requiring materials to match those used in the existing building would lead to conflict with the design of the proposal and taking the above into account, would not in any case be necessary in the interests of local character.

For the reasons given above, the appeal is successful.