Appeal 6002339

The appeal is allowed and permission is granted for the erection of a first-floor extension to provide 1 no. unit of residential accommodation at [site address] , Dorchester [postcode] , in accordance with the terms of the application, [name]/FUL/2023/01247, dated 17 February 2023, subject to the attached schedule of conditions.

The site visit included viewing the proposal from No [address] but No [address] was locked and access was not possible. The owner/occupier was accordingly invited to submit further photos of the view from the affected window, the window in the context of the room concerned and sketch floorplans of No 10A to assist the determination of the appeal. These were duly received.

The main issues are: • the effect of the proposal on the occupiers of No [address] in relation to daylight; • the effect of the proposal on the occupiers of No [address] in relation to outlook, daylight and privacy; and • whether the unit of accommodation would provide satisfactory living conditions for its occupiers in relation to bin/recycling storage, cycle/mobility scooter parking and private amenity/garden space/drying areas.

The proposal is for an additional first-floor above No 10, a single storey hot food takeaway unit on the southern side of [address]. The building forms part of Nos 10-12 and adjoins No 9, both [name] listed buildings, and lies within the heart of the extensive Dorchester Conservation Area. No 10 constitutes an incongruous anomaly as a single storey building on a street lined with two and three storey properties; there is thus general agreement that the addition of a second storey and the appearance of a pitched roof would enhance the historic townscape. The Council’s conservation officer and Dorchester Civic Society support the detailed design of the proposal on this basis. The character and appearance of the historic ground floor shopfront would also be retained unspoilt. [address]

The first-floor extension would lie alongside the side gable of No 10A, a two-storey property plus rooms in the roofspace used by a flooring business. The ground floor operates as a showroom with storerooms, kitchen and bathroom on the first floor and an office and storeroom within the roofspace. The office is served by a single window in the side gable of the property which looks out over the single storey No

The additional floor above No 10 has been designed in such a way as to not obstruct this window, having a central flat roof below the level of the windowsill. However, a pitched roof element on the [address] frontage, essential for townscape/design reasons, would restrict the view from the window to the left, preventing views down into and across [address] and reducing the amount of northern sky that would be seen1.

The window is the only source of natural light within the room concerned, but the room is a business office, not a residential living room with an important outlook2. In addition, as shown by the internal photo, the window is awkwardly positioned in one corner of the room to one side of a projecting chimney breast which itself reduces daylight in the room. Supplementary artificial light is needed in the office in any event. Whilst the pitched roof element would restrict the view of some northern sky, the view of the sky overhead, to the east above the gable of No 10 and to the south above [address] would be unaffected3. The reduction in vertical sky component, the amount of sky visible from the window, and thus the daylight falling on it, is likely to be well below the 20% figure normally used to determine when a reduction would be noticeable. As a second indication, due to the position of the window in the corner of the room, the reduction in the floorspace of the room with a view of the sky is also likely to be below the 20% figure normally used to determine a noticeable reduction.

For these reasons the effect of the proposal on the occupiers of No [address] in relation to daylight would be minimal and would comply with Policy ENV16 of the [name], Weymouth & Portland Local Plan 2015 (the Local Plan). This precludes development which has a significant adverse effect on the amenity of existing nearby residents through inadequate daylight. No [address]

No 10 backs onto the small courtyard rear garden/amenity space of No [address], a two-storey property accessed off [address]. As seen from this direction No 10 is a single storey brick building with low parapet allowing views of some northern sky above from the courtyard, the rear facing ground floor living room window and the rear facing first floor bedroom windows4. The proposal for an 1 See cross-section in Committee report. 2 Contrary to the Council’s decision notice, living conditions are not therefore affected. 3 The pitched roof element adjacent to [address] would not obscure any southern sky as seen from the window as it is approximately at windowsill level. [address] from the rear facing ground floor living room window is affected by a canopy over the patio. additional first floor would involve increasing the height of the parapet wall, with a further mansard type sloping roof above incorporating three rooflights. This would restrict the view of some northern sky from the courtyard and rear windows.

The outlook from the courtyard and rear windows of No 5 is already dominated by numerous two/three storey buildings in this densely built-up area, particularly Nos 9 and [address] on either side of No 10 which is currently an anomaly. The proposal, even if slightly higher than the submitted plans, would still leave No 10 with a lower profile and roofline than its neighbours and given this context the effect on the outlook of the occupiers of No 5 would be acceptable.

In relation to privacy, the three rooflights on the mansard roof section would be positioned above head height in the new flat5, thus protecting the privacy of No 5. Whilst the perception of privacy may be somewhat eroded, there is already actual overlooking from the unobscured rear windows and open-air balconies of Nos 9 and 11, even if these are infrequently used. Given this context the effect on the privacy of the occupiers of No 5 would be acceptable.

No 10 lies due north of the courtyard and rear windows of No 5 so the proposal would have little impact on the amount of sunlight reaching the property. In terms of daylight, the first-floor extension would obscure a section of northern sky from the courtyard and rear living room window but only a relatively small amount and the rest of the sky (overhead and in the other directions) would be unaffected. The reduction in daylight would therefore be minor and unlikely to be significant. In the case of the rear bedroom windows, the extension would barely reduce the amount of visible sky, obscuring instead the middle-distance view of the properties on the far side of [address], so the effect on daylight would be negligible.

For these reasons the effect of the proposal on the occupiers of No [address] in relation to outlook, daylight and privacy would be minimal and would comply with Policy ENV16 of the Local Plan. This precludes development which has a significant adverse effect on the amenity of existing nearby residents through loss of privacy, inadequate daylight or overbearing impact.

The appellant has confirmed that the flat would not be self-contained but would only be occupied by a staff member of the takeaway business6. This can be secured by condition.

The flat would meet the technical space standard for a 1 bed 2-person unit. Whilst a second room could conceivably be used as another bedroom, thus breaching the standard, there is no reason to doubt the appellant’s intention to use it as an office in connection with the takeaway business. No provision is made for bin storage, but this can be dealt with alongside the business and its existing arrangements. Given the highly sustainable location within the town centre there is no need for cycle/mobility scooter parking in this instance and given the proximity of the [name] play area and other opportunities for recreation in and around the town the lack of private amenity/garden space/drying areas does not justify dismissal of the proposal. 5 The windowsills would be 1.8 m above floor level. 6 Appeal statement paragraph 2.5.

Overall, the living conditions provided by the flat would not be ideal but its use by a staff member of the business is sufficient grounds for allowing the scheme to go ahead, thus improving the operation and viability of the business.

For these reasons, with an occupancy restriction, the unit of accommodation would provide satisfactory living conditions for its occupiers in relation to bin/recycling storage, cycle/mobility scooter parking and private amenity/garden space/drying areas. The scheme complies with Policies ENV16 and ENV 11 of the Local Plan which require suitable living conditions for new residents and provision for bin storage, cycle parking, amenity space etc appropriate to the uses proposed and the character of the area. The latter flexibility should be applied in this case.

Nearby property owners raise a series of concerns including construction details, potential structural damage, building maintenance issues, water runoff, existing vents in party walls and odour and noise arising from the replacement extraction system for the takeaway business. The Council’s environmental protection officer is satisfied with the proposals for the latter subject to a condition requiring the submission of full technical details including ongoing maintenance. The various understandable building concerns would be addressed by the Party Wall Act and a detailed method statement required by condition together with subsequent arrangements agreed with interested parties in combination with input from building control. The proposed lobby would still leave space for several customers to wait inside the building.

The proposal would provide a significant townscape and conservation improvement for [address] together with an additional unit of accommodation in a highly sustainable location. These benefits would significantly outweigh the limited adverse effect on the living conditions of nearby residents and the less-than-ideal standard of accommodation provided by the new unit. The proposal meets the legislative duties to pay special attention to the desirability of preserving or enhancing the character or appearance of the Dorchester Conservation Area and to pay special regard to the desirability of preserving the setting of nearby listed buildings whilst not conflicting with the development plan.

The Council suggested several conditions should the appeal be allowed. These are not disputed by the appellant and have been assessed against the relevant tests. In addition to the standard implementation time limit it is necessary to define the approved plans in the interests of certainty together with additional conditions to approve and control the brickwork, roof and window details given the conservation importance of the proposal adjacent to listed buildings and within the Dorchester Conservation Area.

Further conditions are necessary to require method statements to address the connections with adjacent buildings and overall construction arrangements, also the approval of the details of the extraction system, in order to protect the interests of adjacent occupiers and the integrity of adjacent buildings. Conditions are also necessary to limit water usage in the interests of sustainability, to secure bird and bat boxes in the interests of ecology and to secure nutrient mitigation credits in order to protect the integrity of the [name] habitat. Finally, a condition is necessary to limit occupation to a person working for the business on the ground floor as the living conditions offered would not be suitable for an independent unit of accommodation.

Having regard to the above the appeal should be allowed.

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

The development hereby permitted shall be carried out in accordance with the following approved plans: 12673-01 Location Plan 12673-02 [name], Elevations & Sections 12673-106 [name] for [name] 12673-101 [name] and [name] (Rev) 12673-107 Existing and [name] 12673-108 [name]

The first-floor unit of accommodation hereby permitted shall only be occupied by the owner, co-owner or an employee of the commercial business on the ground floor and the dependents of such a person.

No development shall commence until the necessary nutrient mitigation credits to mitigate the impacts of the development on the [name] have been secured from an accredited nutrient provider and a copy of the [name] demonstrating that purchase has been submitted to and approved in writing by the Local Planning Authority.

Prior to construction of the extension hereby permitted a detailed method statement setting out abutment and construction methodology to include details of (but not limited to) tying in/connections with adjacent buildings, surface water drainage, rainwater goods, conservation of vents and flues shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter proceed in accordance with the approved details.

Before the development hereby permitted is commenced a [name] (CMS) shall be submitted to and approved in writing by the Local Planning Authority. The CMS shall include: - arrangements for the parking of vehicles of site operatives and visitors - arrangements for loading and unloading of plant and materials - arrangements for storage of plant and materials used in constructing the development - delivery, demolition and construction working hours The approved [name] shall be adhered to throughout the construction period for the development.

Prior to installation of first floor extension brickwork, a sample panel of the proposed external facing material measuring at least 1 metre by 1 metre, demonstrating the proposed brick, coursing, mortar mix and pointing detail, shall be erected on site, and approved in writing by the Local Planning Authority. Thereafter, the development shall proceed in accordance with the details of the sample panel as have been agreed.

Prior to installation of the new pitched roofs, details and samples of all external facing materials for the roofs shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall proceed in accordance with the materials as have been agreed.

Prior to the installation of new external windows, detailed drawings (at a scale of 1:5 section and 1:20 elevation) showing the design, materials, colour, finish and construction specifications of all new windows (and passageway door if proposed) shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be completed in accordance with the approved details.

Before installation of any extraction plant and associated ductwork, vents and flues, details of equipment, methodology, installation details, operating procedure and a management and maintenance schedule shall be submitted to and approved in writing by the Local Planning Authority. The extract system must be designed in accordance with the recommendations contained in reports prepared by [name] and Greenavon, and details outlining mitigation to prevent loss of amenity and prevent creeping noise & odour levels for neighbouring residents and occupants of the new flat must be provided. Thereafter, the installation of the equipment must proceed fully in strict accordance with the agreed details prior to the development hereby approved being first occupied or brought into use, and subject thereafter to routine maintenance and cleansing in accordance with the agreed details and manufacturers’ instructions.

Prior to first occupation of the development hereby permitted, one bird box and one bat box shall be installed in accordance with recommendations contained in [name] and maintained at all times thereafter.

Details of measures to limit the potential consumption of wholesome water use by persons occupying the new dwelling to 110 litres per person per day as measured in accordance with regulation 36 of the [name] for Part G2 of the Building Regulations 2010 (or any equivalent regulation revoking and/or re-enacting that [name]) shall be submitted to and approved by the Local Planning Authority before the dwelling is occupied. The submitted details shall include a water consumption calculation for the dwelling in accordance with the [name] referred to above. The approved measures shall then be implemented and at all times thereafter.