Appeal 3373960

The appeal is allowed and planning permission is granted for the erection of a first floor side extension at [site address] , Chingford, Waltham Forest [postcode] in accordance with the terms of the application, Ref 251910, subject to the following

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 drawing numbers ZAAVIA/26RR/202 Issue A, ZAAVIA/26RR/204 Issue A, ZAAVIA/26RR/206 Issue A, ZAAVIA/26RR/207 Issue A, ZAAVIA/26RR/208 Issue A, ZAAVIA/26RR/209 Issue A, ZAAVIA/26RR/21 Issue A, and ZAAVIA/26RR/212.

The external materials of the extension hereby permitted shall match those used in the existing dwelling.

The description of development in the heading above and the formal decision has been taken from the planning application form. Neither of the main parties has provided written confirmation that a revised description of development as set out in the decision notice has been agreed. Accordingly, I have used the description given on the original application form. I do not consider that this has prejudiced any of the parties and I have proceeded with the appeal on this basis.

The main issue is the effect of the proposed development on the character and appearance of the host dwelling and the area.

The appeal site comprises a semi-detached, two-storey dwelling fronting [address]. The dwelling is within a defined row of semi-detached and terraced dwellings typically finished with hipped roofs and forward projecting gable features. To the side of the dwelling is an attached single-storey garage. There are examples of first floor side additions in the area, including at No [address].

The proposal is for a first floor side extension above the existing garage element. The extension would have a hipped roof that would reflect that of the existing dwelling. The front elevation of the extension would be set back from the front of the dwelling and would have a lower ridge height. While the set back distances are limited, the extension would nonetheless retain the form of the existing dwelling. Moreover, the modest width of the extension would ensure that the proposal would respect the scale of the existing dwelling. Consequently, the proposal would appear as a sympathetic and subordinate addition to the dwelling.

The Residential Extensions and Alterations Supplementary Planning Document 2010 (SPD) sets out guidance for development, including side extensions. The SPD states that as a general rule, a side extension should be subordinate to the main part of the house and set back from the main building line fronting the street by one metre. However, the SPD notes that there are exceptions to this. Given that the proposal would be subordinate to the dwelling, partly through its lower ridge height, and would include appropriate windows and finishes that complement the dwelling, the development would accord with the guidance in the SPD.

I conclude that the proposal would not harm the character and appearance of the host dwelling and the area. The development therefore accords with Policy 53 of the Waltham Forest Local Plan Part 1 2024, which, amongst other things, requires proposals to reinforce and/or enhance local character and distinctiveness, taking into account existing patterns of development, architecture and materials and respond appropriately to their context in terms of scale, height and massing.

Schedule 7A of the Town and Country Planning Act 1990 (as amended) introduced a statutory framework for biodiversity net gain, and it applies to all planning applications for non-major development submitted on or after 2 April

Under the statutory framework, subject to some exceptions, every grant of planning permission is deemed to have been granted subject to the [name] (BGC), which requires that at least a 10% increase in biodiversity value is met. However, the Planning Practice Guidance states that the BGC does not apply to householder development, such as the appeal proposal.

In addition to the standard time limit condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans. This is in the interests of certainty.

In order to protect the character and appearance of the host property and the area, it is necessary to impose a condition requiring the external materials used in the construction of the development to match those of the existing building.

For the reasons given above the appeal should be allowed.