Appeal 6001815

The appeal is allowed and planning permission is granted for the demolition of existing detached property with the construction of 2 x 3 bedroom two-storey semi-detached dwellings with off-street parking with new dropped kerb, private amenity space and cycle stores without complying with condition number 3 attached to planning permission reference P0179.25, dated 8 April 2025, at [site address] , Havering [postcode] , in accordance with the terms of the application reference P1004.25, dated 28 July 2025, subject to the conditions in the attached schedule.

This appeal links back to an original permission under reference P1032.24 dated 28 November 2024, for the demolition of existing detached property with the construction of 2 x 3 bedroom two-storey semi-detached dwellings with off-street parking with new dropped kerb, private amenity space and cycle stores.

Changes to that permission were secured under planning permission reference P0179.25, which related to the addition of rear dormers, the removal of first floor flank windows, changes to fenestration and front Velux windows.

I therefore consider the main issue to be the effect that varying condition 3 would have on the character and appearance of the area.

The appeal site is located within a residential neighbourhood comprising an eclectic mix of semi-detached and detached bungalows and two-storey dwellings. These dwellings vary greatly in their design, scale, and massing.

The Council is concerned that the proposed alterations would result in an incongruous and cramped form of development. I note that the original and subsequent schemes granted permission for two, two-storey, semi-detached dwellings, extending across almost the entire width of the plot, with a side access to the rear garden spaces for each dwelling. In these respects, the proposal before me has not altered.

During my site visit I noted that within [site address] , [address] and [address], a noticeable proportion of dwellings have hip to gable extensions and loft conversions which include roof-lights on the front roofscapes and large box dormers to the rear. Accordingly, the proposed roof form and mass, together with the front roof lights, would provide a visual symmetry that unifies the design and in doing so, enhances, and positively contributes to the street scene’s established diversity of roof forms, reinforcing its varied and characterful appearance.

A similar proposal in terms of half-hip roof design at no 87 has been brought to my attention. During my site visit I observed that this development had commenced. Whilst this is a single dwelling, the introduction of half-hip to the proposed dwellings would not result in a design at odds with this or other buildings in the wider street scene. The proposed half-hip roof, whilst slightly higher than that previously approved, would not result in an imbalance to the design of the proposal. Moreover, the proposal would be marginally lower than the existing dwellings a little farther along [site address] , in either direction. I am therefore satisfied that the proposed alterations would result in a pair of semi-detached dwellings that would sit comfortably within their context.

The Council highlight section 8.3 of their [name] and Alterations Supplementary Planning Document (2011) (SPD). This provides that ‘Dormers should be contained well within the body of the roof, by being set well back from the eaves, and by setting the sides well in from any gables or party walls. Dormers must never extend above the ridge line of the roof and should be located well below it.’ The proposed dormers meet these requirements and are located in a position on the roofscape to relate to the first floor windows below them. In this regard, I find the proposed dormers would be in accordance with the requirements as set out in the SPD.

The single storey rear element of the proposal, referred to as a rear extension by the Council is approximately 3.25m high. The Council’s officer report (OR) references that this element of the proposal is bulky and fails to meet the 3m height outlined in the SPD guidance. However, the SPD states that single storey extensions should generally be no more than 3m in order to ensure there is no unreasonable loss of amenity to neighbouring properties or reduction in sunlight or daylight. The OR outlines that the proposal results in no loss of light issues and that the spacing from the boundary mitigates any amenity impacts. As such, this element of the proposal is acceptable.

The dwellings would be clearly visible from a range of viewpoints along [site address] . However, given the proposal is set back from the road and the modest gap between these and neighbouring buildings, the height and massing of the alterations would not appear unduly dominant in the street scene. I find the proposed fenestration would provide a degree of balance to the form of the dwellings.

The form and detailing would generally complement rather than conflict with the varied styles of other houses in the local area. Whilst the development would result in two dwellings of marginally larger height, owing to the individual evolution of residential dwellings and differing designs in the locality, I find that overall, the proposal would maintain a strong sense of place. As such, the proposal would complement the rhythm and uniformity of the existing streetscene.

For the reasons given, the variation of condition 3 would not have a harmful effect on the character and appearance of the area. The development is therefore compliant with Policies 7, 10 and 26 of the Havering Local Plan 2016-2031. These policies seek to ensure that development maintains a strong sense of place and respects the distinctive qualities, identity and character of the area.

By allowing this appeal a new planning permission is created. The Planning Practice Guidance advises that, for clarity, decision notices for the grant of planning permission under section 73 should restate the conditions imposed on earlier permissions that continue to have effect, unless they have already been discharged.

I have varied the plans condition showing the amended design that is the subject of this appeal. I have not required a materials condition as these are specified on the approved drawings.

For the reasons given above I conclude that the appeal should succeed. I will grant a new planning permission with varied conditions as set out in the schedule below.

The development hereby permitted shall be carried out in accordance with drawing no 1968/02 [name].

Before the dwelling hereby permitted is first occupied, the car parking provision as shown on drawing 1968/02 [name] shall be laid out and surfaced to the satisfaction of the Local Planning Authority and retained permanently thereafter and shall not be used for any other purpose.

The roof area of the single-storey rear extensions hereby permitted shall not be used as a balcony, roof garden or similar amenity area.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (Order) or any other order replacing or amending the said Order, no extension or enlargement (including additions to roofs) shall be made to the dwellinghouse(s) hereby permitted, or any detached building erected, without the express permission in writing of the Local Planning Authority.

Within 3 months of the date of this decision, details of all proposed walls, fences and boundary treatment shall be submitted to the Local Planning Authority. The boundary development shall then be carried out in accordance with the approved details and retained permanently thereafter to the satisfaction of the Local Planning Authority.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening (other than those shown on the submitted and approved plan) shall be formed in the flank wall(s) of the building(s) hereby permitted, unless specific permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority.

The windows inserted on the flank walls shall be obscure-glazed and non-opening unless the parts of the window which can be opened are more than 1.7m above the floor of the room in which the window is installed and the doors inserted on the flank walls shall be obscure glazed.

No building shall be occupied or use commenced until refuse and recycling facilities are provided in accordance with details which shall previously have been submitted to and approved in writing by the Local Planning Authority. The refuse and recycling facilities shall be permanently retained thereafter.

Prior to the occupation of the dwelling hereby permitted, the cycle storage shown on plan 1968/02 [name] should be completed and retained permanently thereafter to the satisfaction of the Local Planning Authority

All building operations in connection with the construction of external walls, roof, and foundations; site excavation or other external site works; works involving the use of plant or machinery; the erection of scaffolding; the delivery of materials; the removal of materials and spoil from the site, and the playing of amplified music shall only take place between the hours of 8.00am and 6.00pm Monday to Friday, and between 8.00am and 1.00pm on Saturdays and not at all on Sundays and [name]/Public Holidays.

The dwellings hereby approved shall be constructed to comply with Part M4(2) of the Building Regulations - Accessible and [name].

The dwellings hereby approved shall comply with Regulation 36 (2)(b) and Part G2 of the Building Regulations - [name].

All hard surfaces hereby approved as part of the development (including any sub-base) shall be made of porous materials or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the application site.

The development hereby approved shall be fitted with [name] boilers with maximum [name] less than 40 mg/kWh. Where any installations do not meet this emissions standard, it should not be operated without the fitting of suitable NOx abatement equipment or technology as determined by a specialist to ensure comparable emissions. The installation of the boilers shall be carried out in strict accordance with these details and shall thereafter be permanently retained.

All residential parking spaces within the development hereby approved shall include provision of infrastructure for electric or [name] vehicles, of which a minimum of 1 space shall have active charging facilities, with passive provision for all remaining spaces. Such provision is to be made prior to the first occupation of the dwelling hereby permitted. End of schedule of conditions