Appeal 6002994

The appeal is allowed and planning permission is granted for the retention of rear dormer and relocation of approved skylight to main roof at [site address] , Hornchurch, [postcode] in accordance with the terms of the application, Ref P0990.25, and the plans submitted with it, subject to the following condition:

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening shall be formed in the flank wall of the dormer window 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 main issue in this case is the effect of the proposed rear dormer on the character of the dwelling and the immediate area.

The appeal site is a semi-detached 2-storey dwelling with an original 'A' frame design, within a residential area of mainly semi-detached and terraced houses. The proposal relates to a rear dormer and the relocation of a roof light to the main roof approved under an earlier planning approval. There is no objection to the re-positioned roof light. A side dormer extension with a pitched roof, a single storey rear extension and a first-floor rear extension have recently been built.

The Residential Extensions and Alterations Supplementary Planning Document (SPD) at Section 8 states 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”. The rear dormer is quoted as being 3.7m long and nearly 2m high. It has very little spacing to the sides, top and bottom, and covers almost the entirety of the remaining rear facing roof slope.

The subject dormer clearly does not meet the requirements of the SPD, and normally an approval would not be justified. However, the result of the addition of the recent side dormer and the first-floor rear extension which sits under a hipped roof, is that the side and rear of the house at roof level are dominated by these additions. The subject dormer, which is flat-roofed, is barely visible form the public domain and has little impact from nearby private gardens. As a result, I consider that the visual harm is extremely limited and is not damaging to the character of the dwelling as it now exists, or to the immediate area, to a degree that warrants a refusal of permission.

The statutory condition that provides a time limit on the start of development is not appropriate in this case as the development has been carried out. The council has suggested a condition in the event that the appeal is upheld. This condition seeks to prevent any additional window to be placed in the dormer without specific permission. I consider that this is necessary in order that there is no loss of privacy to neighbouring properties to the detriment of their living conditions.