Appeal 6000505

The appeal is allowed and planning permission is granted for demolition of the existing dwelling and erection of a replacement dwelling with front and rear dormers to create habitable loft space. Installations of solar panels and air source heat pump. Associated landscaping, refuse/recycling store, and parking at [site address] , [site address] , Golders Green, Barnet, London [postcode] in accordance with the terms of the application, Ref 25/0815/FUL, and subject to the conditions in the attached schedule.

The main issue in this appeal is the effect of the proposed development on the character and appearance of the appeal site, the street scene and the surrounding area.

The appeal relates to a detached single storey dwellinghouse with a small front dormer roof extension and living accommodation in the roof space. The street scene in [site address] is largely characterised by single storey dwellinghouses with front dormer roof extensions of varying size and design. This includes properties featuring significantly sized front-facing box dormer extensions.

The number and width of the proposed front dormer windows would align with the number and width of the proposed ground floor windows, contributing to a sense of symmetry and balance.

Although the proposed front dormer windows would be slightly taller than the ground floor windows, the difference would be minimal. Furthermore, due to the sloping topography of the site and the presence of mature hedging at the front of the property, the ground floor is partially obscured from view. As a result, the variation in window height between the upper and lower levels would not be highly appreciable in the street scene.

The proposed front dormers would be set approximately 0.27 metres above the eaves line of the roof. Although the proposed front dormers would be set closer to the eaves than the front dormers on 22 [site address] (No 22), other front dormers along the street are positioned in a way that is not significantly different from the proposal. Therefore, the position of the proposed front dormers in relation to the eaves line would not be incongruous with other front dormers in the street.

The proposed front dormers would be set well below the main roof ridge, thereby reducing their physical and visual dominance. Furthermore, their limited number, restrained individual width and alignment with the ground floor windows would contribute to a balanced and proportionate appearance. As a result, the proposed front dormers would not appear bulky and visually overbearing, particularly in the context of the existing front dormers in the street.

The Council contends that the proposed front dormers are larger than those at No

While this may be the case, the proposal only includes two dormers separated by a significant gap that provides visual relief at the upper level. In contrast, No 22 features three box dormers spanning much of the roof width, with little spacing between them.

Overall, given its design, the proposed development would assist in helping to maintain a predominantly single storey appearance with a strong horizontal emphasis. Consequently, the design would be compatible with the character of the appeal site, the street scene and the surrounding area.

I have considered the planning permission granted under reference 25/0468/FUL and have reached my own conclusion on the appeal proposal, based on the evidence before me.

For the reasons given, the proposed development would not cause harm to the character and appearance of the appeal site, the street scene and the surrounding area. As such, the proposal complies with Policies CDH01 and CDH05 of the Barnet Local Plan 2021-2036 (adopted March 2025) (the BLP) and Policy D3 of the London Plan (adopted March 2021) (the LP) insofar as they require development to achieve high quality design, maintain or improve the appearance of the locality and street scene and respond to existing character.

Concern has been raised regarding the potential for noise and dust generation, the spread debris in the highway, parking pressure and health and safety issues during construction of the proposed development. However, I am satisfied that such concerns could be adequately addressed by the imposition of a planning condition requiring the submission and approval of a Demolition and [name] and Logistics Plan.

The Council has provided a list of suggested planning conditions, which I have considered against the National Planning Policy Framework (Framework) and advice contained in Planning Practice Guidance (PPG). Where appropriate, I have amended the wording for precision and enforceability.

Along with the standard time condition [1], the approved plans should be specified to provide clarity and certainty [2].

A pre-commencement condition requiring the submission of a Demolition and [name] and Logistics Plan is necessary to maintain highway and pedestrian safety and to safeguard the living conditions of nearby residents. However, I have amended the Council’s suggested condition in the interests of precision and reasonableness [3].

To ensure the satisfactory appearance of the area, conditions are reasonable and necessary regarding external materials [4], refuse and recycling stores [5] and hard and soft landscaping including existing trees to be retained [6].

A condition requiring details of cycle parking spaces [7] is necessary to promote sustainable transport. A condition requiring details of car parking spaces and access to the spaces from the highway is required in the interest of pedestrian and highway safety [8]. For the same reasons, as well as to ensure safe and suitable access, a condition requiring details of the levels of the proposed development is necessary [9].

To meet the changing needs of future occupants a pre-occupation condition requiring that the proposed dwellings are accessible and adaptable is required [10]. Conditions are also necessary to ensure the development efficiently uses water and meets carbon emission reduction requirements [11] [12].

A condition requiring the proposed windows on the side elevations to be obscurely glazed and fixed shut is necessary to safeguard the privacy of the occupiers of neighbouring properties [13].

A condition requiring details of the photovoltaic panels to be installed and an updated energy statement is necessary to ensure the satisfactory appearance of the area and the promotion of sustainable construction [14]. A condition requiring details of the air source heat pumps to be installed, including the noise emitted from them is also necessary to safeguard the living conditions of nearby residents [15].

Conditions requiring details of biodiversity enhancement measures and that the development is undertaken in accordance with the precautionary mitigation measures in the [name] and [name] (Arbtech, July 2024) are necessary to enhance biodiversity and for the protection of protected species [16] [17]. A condition requiring details of low impact lighting is also necessary to ensure protected species are not adversely affected by the proposed development [18].

The Council has suggested a condition that removes permitted development rights. Paragraph 55 of the Framework is clear that planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so. Furthermore, PPG states that conditions restricting the future use of permitted development rights or changes of use may not pass the test of reasonableness or necessity. In this case, the removal of permitted development rights has not been clearly justified and does not meet the test of reasonableness or necessity. As such, I will not impose such a condition.

For the reasons given above the appeal should be allowed. [planning inspector] INSPECTOR

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 documents and approved drawings: 2901_P2, 2900_P2,1900_P2, 0010_P3, 0001_P4, 1101_P10, 1100_P8, 2700_P8, 2100_P9, 2101_P8, 1010_P5, 3100_P1, 1001_P6, 2000_P8,0011_P3.

No development or site works shall take place on site until a 'Demolition and [name] and Logistics Plan' has been submitted to and approved in writing by the Local Planning Authority. The Demolition and [name] and Logistics Plan submitted shall include, but not be limited to, the following: • details of the storage/delivery area for all plant, site facilities and materials; • details of the provision for recycling of materials; • details showing how all vehicles associated with the construction works are properly washed and cleaned to prevent the passage to mud and dirt onto the adjoining highway; • the measures to be undertaken to reduce the effects of noise, vibration, dust (and other air borne pollutants) arising from construction works and the operation of machinery; • details of interim car parking management arrangements for the duration of construction; • details of a community liaison contact for the duration of all works associated with the development. The development shall thereafter be implemented in accordance with the measures detailed within the plan.

No development above ground level shall take place until details / samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details/ samples.

Prior to the first occupation of the development hereby permitted, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection (or evidence of the siting and cumulative capacity of the existing arrangements), shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in full accordance with the details as approved under this condition prior to the first occupation and retained as such thereafter.

a) Prior to the first occupation of the development hereby permitted, a scheme of hard and soft landscaping, including details of existing trees to be retained and size, species, planting heights, densities and positions of any soft landscaping, shall be submitted to and agreed in writing by the Local Planning Authority. b) 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 dwelling or completion of the development, whichever is sooner. c) Any existing tree shown to be retained or 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

Prior to the first occupation of the development hereby permitted, 2no. of long-stay cycle parking spaces shall be provided in accordance with London Plan cycle parking standards and that area shall not thereafter be used for any purpose other than for the parking of cycles associated with the development.

Prior to the first occupation of the development, parking spaces and the access to the car parking spaces from the public highway shall be provided in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Thereafter, the parking spaces shall be used only as agreed and not to be used for any purpose other than the parking and turning of vehicles in connection with approved development.

No development other than demolition works shall take place until details of the levels of the development in relation to the adjoining land and highway 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.

Notwithstanding the details shown in the drawings submitted and otherwise hereby approved, prior to the first occupation of the new dwellinghouse (Use Class C3) permitted under this consent, it shall all have been constructed to meet and achieve all the relevant criteria of Part M4(2) of Schedule 1 to the Building Regulations 2010 (or the equivalent standard in such measure of accessibility and adaptability for house design which may replace that scheme in future). The development shall be maintained as such in perpetuity thereafter.

Prior to the first occupation of the dwelling (Use Class C3) hereby approved it shall have been constructed to have 100% of the wholesome water supplied to it by the mains water infrastructure provided through a water meter or water meters and shall be constructed to include water saving and efficiency measures that comply with Regulation 36(2)(b) of [name] 2 of the Building Regulations to ensure that a maximum of 105 litres of water is consumed per person per day with a fittings based approach used to determine the water consumption of the development. Any use of grey water and/or rainwater systems need to be separate from the potable (wholesome) water system and must meet the requirements and guidance set out in [name] of the Building Regulations. The development shall be maintained as such in perpetuity thereafter.

Prior to the first occupation of the development hereby permitted, it shall be constructed incorporating carbon dioxide emission reduction measures which achieve an improvement of not less than 10% in carbon dioxide emissions when compared to a building constructed to comply with the minimum [name] requirements of the 2013 Building Regulations. The development shall be maintained as such in perpetuity thereafter.

Prior to the first occupation of the development hereby permitted, the proposed windows in the side elevations facing No.22 and No 26 [site address] 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, as shown in the approved drawings.

Prior to the first occupation of the development hereby permitted, details of the size, design and siting of all photovoltaic panels to be installed as part of the development, and an updated energy assessment shall be submitted and approved in writing by the Local Planning Authority. The development shall be carried out and constructed in accordance with the approved details, prior to occupation of the dwelling.

a) No development other than demolition works shall commence until details of the size, design, materials and siting of the Air Source Heat Pump has been submitted to and approved in writing by the Local Planning Authority. b) No development other than demolition works shall commence until a technical report has been submitted to demonstrate the level of noise emitted from the Air Source Heat Pump hereby approved shall be at least 5dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. If the noise emitted has a distinguishable, discrete continuous note (whine, hiss, screech, hum) and/or distinct impulse (bangs, clicks, clatters, thumps), then it shall be at least 10dB(A) below the background level, as measured from any point 1 metre outside the window of any room of a neighbouring residential property. c) The measures approved under this condition shall be implemented in their entirety prior to the commencement of the use/first occupation of the development and retained as such thereafter.

Prior to the first occupation of the development hereby permitted, all details (including specification, location, and orientation) of biodiversity enhancement measures (including 2 x integrated bat roost boxes (or similar), [address] (or similar), 1 x hedgehog home and 1 x insect hotel shall, and at least 3 x hedgehog highways (13cm x 13cm gaps) at the base of the boundary fencings shall be submitted to and approved by the Local Planning Authority. The development hereby permitted shall not be occupied until all ecological enhancement features are installed/constructed in accordance with details shown on the thereafter approved plans and in accordance with guidance 'Designing for [name] technical guide for new and existing buildings (RIBA).

The approved demolition and construction works shall be undertaken in accordance with the precautionary ecological mitigation measures within the [name] and [name] (Arbtech, July 2024). In the event of any bats being discovered all works must stop and the project ecologist and/or Natural England must be contacted immediately as an appropriate licence will be required before the works can continue.

Prior to the first occupation of the development hereby permitted, details of [name] shall be submitted to and approved by the Local Planning Authority. Any artificial lighting scheme designed for development including off street lighting, shall be in accordance with Bats Conservation Trust Guidance Note 08/23, Bats and artificial lighting in the UK, Bats and the [name] series. End of Schedule