Appeal 6000322

The appeal is allowed and planning permission is granted for a two storey rear extension following demolition of the existing extension (Class E) to provide 1no. self-contained unit (Class C) and additional floor space. Associated amenity space to flat roof with privacy screening at [site address] in accordance with the terms of the application, Ref 24/1190/FUL, subject to the conditions in the attached schedule.

I have taken the description of development used in the heading above from the appeal form, as this accurately describes the development proposed. This description was also used in the Council’s decision notice and in the appellant’s submitted appeal statement. I have also taken the address used above from the appeal form and decision notice, for reasons of clarity.

Since the planning application was determined by the Council, the Council has adopted the Barnet Local Plan 2021-2036 (BLP). The BLP together with the London Plan (LP) now forms part of the development plan. It has replaced Barnet’s Local Plan ([name]) Development Plan Document (CS) and Barnet’s Local Plan (Development Management Policies) Development Plan Document (DMP). The main parties have had the opportunity to comment on the relevant policies of the BLP during the appeal process. Planning decisions must be based on the development plan policies prevailing at the time of determination. I have proceeded on that basis.

The main issue is the effect of the proposed development on the character of the area.

The appeal site relates to a three-storey terraced property. A commercial unit occupies the ground floor, and a three-bedroom residential property occupies the upper floors. The site is identified as a local shopping frontage within the local/neighbourhood centre. There is an existing single storey wooden structure to the rear of the property, which is currently used by the ground floor commercial unit for storage. Surrounding development comprises both commercial and residential development. In the parade of shops along [address], commercial units typically occupy the ground floors, with residential development on the upper floors.

The Council outlines how the proposed massing and materials of the proposed extension would be acceptable. Concerns are however raised that the proposed dwelling, by reason of its use, pattern of activity, domestic fenestration and paraphernalia, would be at odds with the pattern of development and detrimental to the character of the host property and area.

The appeal site sits close to the junction with [name]. This road is predominately characterised by residential development. Therefore, whilst residential development does not characterise the ground floor space along [address], it is common within the wider context of the site. Additionally, the proposed self-contained unit would be small in scale and not readily apparent from the street scene along [address], which would still be predominately characterised by commercial development in the local shopping frontage.

Due to the small scale of the dwelling, any levels of activity, such as comings and goings or noise, would not be readily perceptible given the wider context of the area. The proposed fenestration would be broadly reflective of existing fenestration to the rear of the building. Additionally, the buildings in the wider surrounding have a broad and somewhat varied character, with differing fenestration patterns.

There would be some domestic paraphernalia associated with the dwelling, including cycle storage, bin storage, and the proposed privacy screening on the roof. Bin storage is however common in the area to the rear of the properties along [address]. Cycle storage would also not be out of keeping within the surrounding area. Set against the backdrop of the appeal building, the proposed privacy screen would not be readily apparent. Additionally, it would not be overly visible from the street scene given its positioning to the rear of the appeal property.

My attention is drawn to paragraph 2.8.1 of the DMP. This however relates to the conversion of existing dwellings into flats. It is therefore not directly relevant to the appeal scheme, which does not seek to convert an existing dwelling. Additionally, the document has been replaced.

Overall, for the reasons outlined above, I consider that the proposed development would have an acceptable effect on the character of the area. The scheme would therefore be in accordance with Policy CDH01 of the BLP and Policy D3 of the London Plan. Collectively, amongst other things, these policies seek to ensure that development responds to the local character of an area.

The Council confirm that there is no objection to the loss of commercial space in this location. I see no reason to disagree with this position.

An interested party has raised concerns regarding the access of lorries and machinery through a private road. No such concerns were however raised by the Council. In any case, if the appeal were to be allowed a planning condition to ensure the submission of a demolition and construction management and logistics plan could be used. This plan would include details of the routing of construction vehicles to the site.

The Council has suggested a number of conditions which I have considered in light of the advice in the National Planning Policy Framework and Planning Practice Guidance. Where appropriate, I have adjusted the wording of the conditions in the interests of precision and enforceability.

In addition to the standard time condition, I have imposed a condition requiring that the development is carried out in accordance with the approved plans, for the avoidance of doubt and in the interests of certainty. I have amended the condition suggested by the Council relating to the submission of details of materials. I do not consider the submission of such details, prior to the commencement of development, to be necessary given the location of the proposed development to the rear of the site, and the mix of materials evident in the area.

A pre-commencement condition requiring the submission of levels of buildings, roads and footpaths is used to safeguard the character and appearance of the area. A pre-commencement condition requiring the submission of a construction and demolition management plan is necessary to maintain highway and pedestrian safety and safeguard the living conditions of nearby residents. A pre-commencement (other than demolition works) condition requiring details of waste storage and collection is necessary, to ensure a satisfactory appearance and accessibility. A condition requiring the submission of cycle parking and storage details is necessary, in the interests of sustainable transport.

A condition requiring details of a hard and soft landscaping scheme is used to ensure the development encompasses sustainability and contributes to biodiversity. I have removed the suggested reference to existing trees, as it does not appear that there are any trees situated on the site. A condition requiring details of the proposed privacy screen is also used, in the interests of neighbouring amenity.

I have not used the condition suggested by the Council to remove various permitted development rights as there is not sufficient justification for such a condition before me.

For the reasons given above, I conclude that the appeal should be allowed. [planning inspector] – INSPECTOR

The development hereby permitted shall begin not 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: • SITE LOCATION PLAN AND EXISTING ELEVATIONS, 2023/1629/1 • [name], ELEVATION AND SECTION, 2023/1629/3 • [name], 2023/1629/4-Rev 1

The materials to be used in the construction of the external surfaces of the proposed development shall match those used on the existing building, except where indicated otherwise on the drawings hereby approved.

No development shall take place until details of the levels of the building(s), road(s) and footpath(s) in relation to the adjoining land and highway(s) and any other changes proposed in the levels of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the details as approved under this condition and retained as such thereafter.

No development shall take place until a Demolition and [name] and Logistics Plan has been submitted to, and approved in writing by the Local Planning Authority. The Plan shall include the following: i. details of the routing of construction vehicles to the site, hours of access, access and egress arrangements within the site and security procedures; ii. site preparation and construction stages of the development; iii. details of provisions for recycling of materials, the provision on site of a storage/delivery area for all plant, site huts, site facilities and materials; iv. details of wheel washing; v. the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from demolition and construction works; vi. a suitable and efficient means of suppressing dust, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance; vii. noise mitigation measures for all plant and processors; viii. details of car parking arrangements for the duration of demolition and construction; ix. details of a community liaison contact for the duration of all works associated with the development. The approved Demolition and [name] and Logistics Plan shall be adhered to throughout the demolition and construction period for the development.

Notwithstanding the details submitted with the application and otherwise hereby approved, no development other than demolition works shall take place until details of (i) A Refuse and [name], which includes details of the collection arrangements and whether or not refuse and recycling collections would be carried out by the Council or an alternative service provider, (ii) Details of the enclosures, screened facilities and internal areas of the proposed building to be used for the storage of recycling containers, wheeled refuse bins and any other refuse storage containers where applicable, and (iii) Plans showing satisfactory points of collection for refuse and recycling, have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented and the refuse and recycling facilities provided in full accordance with the information approved under this condition before the development is first occupied and the development shall be managed in accordance with the information approved under this condition in perpetuity once occupation of the site has commenced.

Before the development hereby permitted is first occupied cycle parking spaces and cycle storage facilities shall be provided in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the details as approved under this condition and the spaces shall be permanently retained thereafter.

A scheme of hard and soft landscaping shall be submitted to and agreed in writing by the Local Planning Authority prior to the first occupation of the hereby approved development. All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner. Any trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

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. The screens shall be installed in accordance with the details approved under this condition before first occupation and retained as such thereafter. **END OF SCHEDULE**