Appeal 6003613

The appeal is allowed and planning permission is granted for a rear/side extension at [site address] in accordance with the terms of the application, Ref 25/01073/FUL, subject to the following conditions:

The development hereby permitted shall begin not later than three years from the date of this decision.

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building.

The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan, 2302/22, 2302/01, 2302/02, 2302/03, 2302/04, 2302/06, 2302/08, 2302/09, 2302/10

The main issue is the effect on the living conditions of neighbouring occupiers with particular regard to light, outlook and any overbearing effect to [address].

The properties in this part of [address] are two storey terraced houses with two storey rear additions and the evidence suggests that floorplans mirror one another. At ground floor, [address] has a window to the main rear elevation which is likely to serve a dining room. The outlook and aspect from this window is along the long, narrow side return between the outriggers at 42 and 44 which includes a fence between the plots. There is also a ground floor window and door to the side of the rear addition which would appear to be to a kitchen. The outlook from this window is towards the fence, and immediately beyond, to the side elevation of the two storey rear addition.

The proposed development would be L shaped and would replace and extend the existing single storey rear extension with a flat roof at a similar height to the existing. It would also infill the length of the resultant side return and would be around 8m alongside no 42. Along this boundary a height of 2.1m is proposed with a pitched roof beyond.

From the rear window at no 42, the extension would introduce a solid wall in place of the existing fence. However, it would not be significantly higher than boundary treatment in this location and the pitched roof behind would be viewed in the context of the two storey rear addition and taller single storey extension. Also, it would not extend significantly further to the rear than the existing rear extension. Therefore, the outlook and light received to the window would not be harmfully affected and the proposed extension would not be overbearing.

From the kitchen window there would be views towards the proposed side wall. However, given its low height along the boundary and taking into account the existing arrangement with views towards the fence and two storey rear addition in close proximity, the effect on outlook and sense of enclosure would not be unacceptable and it would not obstruct the light the existing window receives from above the two storey outrigger. Taken together, the appeal scheme would not be overbearing and there would not be an inappropriate tunnelling effect or sense of enclosure nor a harmful loss of outlook.

Policy M10 of The Dartford Plan (2024) (DP) requires, in part, that proposed extensions should not harm existing residential amenity including through loss of light or visual impact. The supporting text states that rear extensions should generally not be greater than 3.5m in depth along a common boundary unless it can be demonstrated that the larger extension proposed will have no adverse impact. The appeal scheme would be greater than 3.5m along the boundary. However, due to the particular arrangement of this property along with the modest scale and height of the development proposed, for the reasons set out above it would not have an adverse impact or harm residential amenity in this case. Therefore, it would not conflict with the policy.

Consequently, the proposed development would have an acceptable effect on the living conditions of neighbouring occupiers with particular regard to light, outlook and any overbearing effect to [address]. As such, it would be in accordance with M10 and M2 of the DP, which in addition to the aims set out above requires that development should not result in unacceptable impacts on overshadowing amongst other things.

The standard implementation condition is attached and in the interests of certainty a condition to define the plans with which the scheme should accord. A condition requiring that the materials match the existing building is needed in the interests of the character and appearance of the area.

For the reasons given above the appeal should be allowed.