Appeal 6000275

The appeal is allowed and planning permission is granted for part single part two storey front, side and rear extension. Roof extension involving hip to gable, rear dormer window and 3no. front facing rooflights. Creation of new basement level at [site address] , Golders Green, Barnet, London [postcode] in accordance with the terms of the application, Ref 25/1018/HSE, subject to the conditions in the attached schedule.

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

The appeal property is a two-storey semi-detached dwelling that occupies a modest sized plot with a deep rear garden. The wider area is residential with most properties being of a similar size and appearance with deep gardens being character of the area.

The appeal scheme includes a part single, part two storey front, side and rear extension with new rear terrace area, as well as a roof extension. Due to extant permissions on the appeal site, the Council have found that these aspects of the proposed scheme are acceptable, I have no reason to conclude otherwise.

Policy CDH06 of the Barnet Local Plan 2021-2036 March 2025 (LP) relates to basements and below ground development. Amongst other things, it states that below ground development should be subordinate in size to the building being extended and any exposed areas should respect the buildings original design, character and proportions for any visible aspects of the extension.

The Council’s Local Plan Supplementary Planning Document: Residential Design Guidance October 2016 ([name]) provides further guidance which includes that any exposed area of basement, or in this case the lower ground level, should be subordinate to the property being extended and respect its original design and proportions.

The proposed basement would extend beyond the extent of the ground floor, however, would not extend further than the terrace above. The result would be that the basement area would be subservient to the dwelling in terms of its built form and would sit well in the context of the deep plot.

There would be stairs from the basement level to a garden area which would be a lower level garden, with further steps to the remainder of the garden. I note the Council considers this to be an encroachment, however, it would be seen as part of the landscaping and wider garden area and there would be no built form encroaching any further than the ground floor terrace.

The proposed lower level is fully glazed to the rear, which the Council consider is contrary to the [name] which states that windows should be aligned to any openings at the higher level and be of a size that is clearly subordinate to these so as to respect the character of the original building. The windows would not be aligned with the openings at the higher level, however, the proposed design would not look unusual and the very limited visibility combined with the lower level would mean that it would be seen as subordinate to the remainder of the windows on the dwelling.

I therefore conclude that the proposed development would not harm the character and appearance of the area. I find no conflict with Policy D3 of the London Plan (2021), Policies CDH01, CHD05 and CDH06 of the LP and guidance contained within the [name]. Amongst other things, these seek to ensure that development proposals enhance local context that positively respond to local distinctiveness, be of a high architectural and urban design and complement the character of the existing building.

The Council have alleged conflict with guidance contained within the Local Plan Supplementary Planning Document: [name] and [name]

However, this guidance sets out sets out Barnet’s technical requirements for environmental design and construction management which was not a reason for refusal. As such this documents relevance to the reasons for refusal are limited.

The Council has referred to developments that include a lower ground level at No’s 6 and [address] stating that they are modestly sized in regard to depth and do not encroach heavily into the rear amenity space. However, I do not have the full details in respect of such examples so I cannot be sure of the circumstances. In any case, I have determined the appeal on its own merits, based on the evidence before me.

Condition 1 is the standard condition that relates to the commencement of development and condition 2 specifies the approved plans for the avoidance of doubt. Condition 3 specifies the materials to be used in order to protect the character and appearance of the area.

Condition 4 requires the proposed windows on the side elevation facing No.24 to be obscure glazed and non-opening and condition 5 prevents windows and doors other than those proposed being installed facing No.20 and 24 in order to protect the living conditions of neighbouring occupiers. Condition 6 requires the extension to be used ancillary to the host dwelling in order to protect the character and appearance of the area and living conditions of neighbouring occupiers. Condition 7 requires details of privacy screens to be submitted to and approved by the local authority in order to protect the living conditions of neighbouring occupiers.

For the reasons given above the appeal should be 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 the following approved plans: Site Location Plan Site Location Plan - 2429-NMP-XX-ZZ-DR-B-00001 rev P1 Existing Ground Plan - 2429-NMP-XX-00-DR-B-00100 rev P1 Existing First Floor Plan - 2429-NMP-XX-01-DR-B-00100 rev P1 Existing Roof Plan - 2429-NMP-XX-RF-DR-B-00100 rev P1 [name] - 2429-NMP-XX-ZZ-DR-B-00201 rev P1 [name] - 2429-NMP-XX-ZZ-DR-B-00202 rev P1 [name] - 2429-NMP-XX-ZZ-DR-B-00203 rev P1 Existing Section - 2429-NMP-XX-ZZ-DR-B-00301 rev P1 [name] - 22MA-PA-01 [name] and Sections - 22MA-PA-02

The materials to be used in the external surfaces of the building(s) shall match those used in the existing building(s).

Before the building hereby permitted is first occupied the proposed window(s) in the proposed side elevation facing No.24 shall be glazed with obscure glass only and shall be permanently retained as such thereafter and shall be permanently fixed shut with only a fanlight opening.

Notwithstanding the provisions of any development order made under Section 59 of the Town and Country Planning Act 1990 (or any Order revoking and re-enacting that Order) no windows or doors, other than those expressly authorised by this permission, shall be placed at any time in the side elevation(s), of the extension(s) hereby approved, facing No.20 and 24.

The use of the extension at lower level hereby permitted shall at all times be ancillary to and occupied in conjunction with the main building and shall not at any time be occupied as a separate unit or dwelling.

a) Notwithstanding the details hereby approved, before the development hereby permitted is first occupied, details of privacy screens to be installed shall be submitted to and approved in writing by the Local Planning Authority. b) The screens shall be installed in accordance with the details approved under this condition before first occupation or the use is commenced and retained as such thereafter.