Appeal 6000108

The appeal is allowed and planning permission granted for single storey rear extension and two storey side extension following demolition of the existing storage at [site address] , Edgware, Barnet [postcode] in accordance with the terms of the application, Ref 24/4044/HSE, and the plans submitted with it, subject to the conditions set out in the attached Schedule.

The Council adopted the Barnet Local Plan 2021-2036 (LP) on 4 March 2025. This replaces the previous Local Plan comprising of the [name] and the Development Management Policies Development Plan Documents, adopted September 2012 referred to in the Council’s reasons for refusal. Both parties have been given an opportunity to comment on the implications of this for the appeal and I have taken those comments into account. The Council have provided a copy of Policy CDH04 of the LP which relates to tall buildings. As the appeal proposal relates to a domestic extension, this policy is not relevant to the proposal before me.

There are extant planning permissions1 for single storey extensions to the side and rear of the property. Therefore, the main issue in this appeal is the impact of the proposed two storey side extension on the character and appearance of the area.

The appeal site is located in a predominately residential area. In the vicinity of the appeal site there are three storey buildings containing flats, interwar semi-detached dwellings and bungalows. The local area is characterised by a mix of house types, 1 [name]: 24/2512/[name] storey side and rear extension following demolition of the existing storage (amended description); and [name]: 22/3968/[name] storey side and rear extension. New front porch. ages and styles but the spacing of the properties, together with numerous street trees and planting results in a spacious and verdant character.

The appeal site is one half of a semi-detached pair of brick built houses. The design of the appeal dwelling is similar to those on [address] but the variations in spacing between properties and alterations which have taken place to a number of the properties means that there is little overall uniformity.

The appeal property is positioned on a bend in the road and is orientated such that its postal address is [address] whilst the adjoining neighbour is located on [address]. This results in a generously sized plot which is roughly triangular in shape. It also results in a large gap between the appeal property and the neighbouring property, [site address] . The proposed first floor extension, whilst closing the gap between the two properties would not create a terracing effect and a sense of separation would be retained. In addition, it would not appear cramped nor result in overdevelopment of the site.

The proposed first floor extension would project beyond the building line of the properties in [address]. However, the existing property already sits forward of number 129 and the approved single storey extension would also do this. The first floor extension would be set in one metre from both the side and front of the ground floor extension. For these reasons it would not appear as an incongruous or obtrusive feature.

Although the ridge of the proposed extension would not be set down by 0.5m and the width of the extension would be over half the width of original house, the proposed first floor extension would be well set back from the front elevation of the property and set down by 0.3m from the main ridge. The hipped roof would reduce the bulk of the roof. Together this would reduce its prevalence in the street scene and provide a transition between the main ridge of the dwelling and the lower roof of number 129. It would not result in a discordant relationship between the properties.

The proposal would unbalance the pair of semi-detached properties. However, there is already planning permission in place for a side extension to the appeal property which would disrupt the current symmetry. In addition, as set out above, uniformity is not a strong characteristic of the properties on [address] and therefore the proposed extension would not be harmful to the established pattern of development in the area.

I therefore find no conflict with Policies GSS01, CDH01 and CDH05 of the LP which seek high quality design through a design-led approach which complements the character of the existing building and responds appropriately to the character of the surrounding area.

The Council have concluded that due to the relative positioning of the neighbouring dwellings and the design of the proposed extension, the appeal proposal would not have a harmful impact on the living conditions of neighbouring occupiers. From all that I have seen and read, I see no reason to come to a different view. In addition, conditions preventing the use of the flat roof as an amenity area, requiring obscure glazing and preventing further openings being constructed in the side and rear elevations would secure this in the long term.

How construction work is carried out on site is covered by other legislation such as the Building Regulations. Any implications for sewerage infrastructure is the responsibility of the [name].

The application was supported by a Flood Risk Assessment (FRA) and the Council have concluded that if the resilience measures laid out within the FRA are implemented, the proposal would not be at risk of flooding nor have an impact on flood risk elsewhere. A condition is required to secure this.

Provisions relating to the [name] etc. Act 1996 are not relevant to my consideration of the appeal.

The Council have suggested conditions in the event that the appeal is allowed. I have considered these and amended them as necessary in light of the advice in the Planning Practice Guidance without altering the substance of the conditions. I have also sought comments from the main parties on conditions which are necessary but have not been put forward in the submissions.

In addition to the standard time condition and those conditions already mentioned above, it is necessary to specify the approved plans in the interests of certainty. A condition requiring the use of matching materials is necessary to safeguard the character and appearance of the area.

The proposed development would adhere to the development plan and there are no material considerations that outweigh this finding. Accordingly, the appeal is allowed.

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: EX – L001 (Location Plan and [name]) dated April 2024; PR – P001 ([name]) dated September 2024; PR – P002 ([name]) dated September 2024; PR – P004 (Proposed Roof Plan) dated September 2024; and PR – E001 ([name] and Section AA) dated September 2024.

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

The flood resilience measures and flood resistant building techniques set out in the ‘Flood Risk Assessment and [name] for Planning’ by Ark Ltd dated October 2024 shall be implemented in full prior to the first occupation of the development hereby permitted. Once implemented, the measures shall thereafter be retained.

The roof area of the extension hereby permitted shall at no time be converted to or used as a balcony, roof garden or similar amenity or sitting out area.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no windows or doors, other than those expressly authorised by this permission shall be constructed on the north and rear elevations (as labelled on drawing number: PR – E001) of the extension hereby permitted.

The extension hereby permitted shall not be occupied until the windows serving the kitchen and en-suite (identified as being on the rear elevation on drawing number: PR – E001), have been fitted with obscured glazing, and no part of those windows which is less than 1.7 metres above the floor of the room in which it is installed shall be capable of being opened. Once installed the obscured glazing shall be retained thereafter. End of Schedule