Appeal 6001459

The appeal is allowed and planning permission is granted for part one/two storey rear/side extension and loft conversation with roof alterations to include rear dormer, and replacement fence to flank boundary at [site address] , Bromley [postcode] in accordance with the application Ref 18/03324/S73A, without compliance with conditions numbers 1 and 4 previously imposed on planning permission DC/18/03324/FULL6 dated 7 January 2019 and subject to the following

The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority.

The materials to be used for the external surfaces of the development hereby permitted shall as far as is practicable match those of the existing building.

The main issue is the effect that removing condition 4 would have on the character and appearance of the area and the residential amenity of neighbouring properties.

The council states in its submissions that condition 4 could be varied to reinstate certain permitted development rights while continuing to restrict [name] and B of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as amended (the Order). This would allow for the erection of boundary treatments and outbuildings as well as alterations to the dwelling under [name] and D of Part 1. Given that the Order is intended to permit development, I see no reason to dispute that such works would be acceptable.

Class A allows the enlargement, improvement or other alteration of a dwellinghouse. Typically this involves extensions, but Class A also allows for the addition of windows and other alterations. Class B allows for the enlargement of a dwellinghouse consisting of an addition or alteration to its roof. Both classes are subject to limitations and conditions that restrict the extent of enlargements, and in both cases these restrictions account for any existing enlargements to the dwellinghouse. Following the 2019 permission of which condition 4 forms part the appeal property has been extended to the side and rear, and the roof has been enlarged.

National planning practice guidance advises that conditions restricting the future use of permitted development rights may not pass the test of reasonableness or necessity. The restrictions imposed by [name] and B would limit the extent to which the dwellinghouse could be extended or enlarged. While the existing extensions have significantly altered the house, other properties on this stretch of [address] have also been significantly altered. The character of the surrounding area is mixed, and there is no substantive evidence to suggest that any further enlargements or alterations that may be permitted under [name] or B would result in harm to either its character or appearance.

The Order contains limitations designed to protect neighbour living conditions against harm, for instance by restricting windows in side elevations. These limitations would protect the living conditions of neighbouring occupiers in the event of future works permitted under the Order.

Removing condition 4 would not therefore result in harm to the character and appearance of the area, or to the residential amenity of neighbouring occupiers. The development therefore accords with policy 37 of the Bromley Local Plan. Amongst other things, this seeks that development be of a good architectural quality and respect the amenity of occupiers of neighbouring buildings.

National planning practice guidance states that decision notices for the grant of planning permission under section 73 should set out all of the conditions imposed on the new permission, and restate the conditions imposed on earlier permissions that continue to have effect. The development permitted in 2019 has been implemented, and therefore it is not necessary to impose the time limit condition from that permission. However, the conditions specifying the approved plans and external materials are imposed on this permission for certainty about the nature of the development permitted.

For the reasons set out above the appeal is allowed.