Appeal 6004606

The appeal is allowed and planning permission is granted for erection of a single storey rear extension, hip-to-gable roof conversion with rear dormer and installation 2 nos front rooflights, conversion of a single dwelling house into two-self-contained flats at [site address] [site address] , [name] [postcode] in accordance with the application Ref 25/02295/FUL, without compliance with condition number 1 previously imposed on planning permission Ref 25/01215/FUL dated 06/08/2025 and subject to the conditions in the attached schedule.

An application for costs was made by [name] against the Council. This application is the subject of a separate decision.

Planning permission for the erection of a single storey rear extension, hip to gable roof conversion with rear dormer, installation of 2 no. rooflights and conversion of a single dwelling house into two self-contained flats was granted under reference 25/01215/FUL. Condition 1 of the planning permission stipulated the plans against which the planning permission was granted and should be implemented.

The erection of a single storey rear extension was deemed Permitted Development, [name] not Required under application 25/01825/PAEXT at the appeal site. The appellant submitted an application to vary the plans in condition 1 of planning permission 25/01215/FUL to allow for a rear extension similar to that in application 25/01825/PAEXT to be built with this permission. This application was refused and the reason for the refusal is the main issue in this appeal.

The main issue in this appeal is the effect that varying the condition would have on the living conditions of the occupiers of [address] North, in respect of daylight and sunlight to the ground floor habitable windows.

The appeal site comprises one half of a pair of semi-detached two-storey dwellings. The site is located within an urban area surrounded by residential development.

At the time of my site visit, it was evident that a single storey rear extension at No 151 had recently been completed. The Council referred to this extension being permitted development in their report but as it hadn’t been implemented, could not give it any weight. This extension has no side windows facing into the appeal site. These circumstances are materially different to those at the time the Council determined application 25/02295/FUL.

[name] 151 have implemented the 6m rear extension, the relationship between the dwellings has changed. There would no longer be any impact on the nearest habitable room windows of No 151 as their own rear extension moves the habitable room windows to the rear of the extension, which would be a similar distance from the end of the building as that proposed in this appeal. The BRE 45 degree rule, referenced in the officer report, would not be breached and there would be no implications for daylight and sunlight received to the habitable windows on the ground floor of No 151.

For this reason, no harm would be caused to living conditions and the proposal would comply with policy D3 of the London Plan 2021 and policy DM10 of the Royal Borough of Kingston Upon Thames Local Development Framework Core Strategy which seek to have regard to the amenities of occupants and neighbours, including in terms of sunlight/daylight.

By allowing this appeal a new planning permission is created. The national 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.

Construction work was underway on site at the time of my site visit, but I cannot be certain that this related to the original planning permission. I have not been advised that any of the pre-commencement conditions on that permission have been discharged, these have therefore been reimposed on this permission.

For the reasons given above I conclude that the appeal should succeed. I will vary the planning permission by replacing the plans condition with the plans submitted with this appeal.

The development hereby permitted shall be carried out in accordance with the following approved plans: E00 – Location Plan and Block Plan P03 – [name] P04 – [name] P05 – [name] P06 – [name] P07 – Proposed Section and [name] P08 – Proposed Bin Storage Plan and Elevation P09 – Proposed Cycle Storage Plan and Elevation P01 – [name] P02 – [name] and Roof Plan

The development hereby permitted shall begin before the expiration of three years from the date of planning permission ref: 25/01215/FUL dated 06.08.2025.

The facing materials used in the development to which this permission relates shall match those of the existing building unless otherwise agreed in writing by the local planning authority.

The flat roof area(s) of the development to which this permission relates shall not be used as a roof garden, balcony, seating area or other similar amenity area, and shall not be accessed except for the purpose of maintenance or in the case of emergency.

Prior to the commencement of any above-ground works, a detailed landscape & planting plan shall have been submitted to and approved in writing by the local planning authority. The plan shall include, where appropriate, a clear key or legend corresponding to the landscaping plan and providing the following information: - Replanting of lost trees on a ratio of 2 trees planted for each tree lost - Species (both Latin & Common names) for all plants - Locations of all plants or areas of planting - Plant numbers or planting densities - Sizes of all plants and particularly trees 'at time of planting' - Details of all hard-landscaping areas including materials (including boundary details) The approved scheme shall then be implemented within the first planting season following substantial completion of the development. The tree planting and landscaping shall thereafter be maintained for five years to the satisfaction of the Local Planning Authority. Any trees or shrubs which die during this period shall be replaced at the beginning of the following planting season, and the areas shown to be landscaped shall be permanently retained for that purpose.

No development shall take place (including any works of demolition) until a construction management plan or construction method statement has been submitted to and approved in writing by the Local Planning Authority. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for: i) How the proposed development will be built; ii) ii) Hours of working (which shall be limited to 08.00 to 18.00 Mondays to Fridays and between 08.00 to 13.00 on Saturdays and not at all on [name] and Sundays); iii) The procedure for loading/unloading materials; iv) The route to and away from site for muck away and vehicles with materials; v) The protocol for managing deliveries to one vehicle at a time on sites with restricted access or space; vi) The protocol for managing vehicles that need to wait for access to the site; vii) Whether any reversing manoeuvres are required onto or off the public highway into the site and whether a banksman will be provided; viii) Temporary site access; ix) Signing system for works traffic; x) Whether site access warning signs will be required in adjacent roads; xi) Whether it is anticipated that statutory undertaker connections will be required into the site; xii) The storage of plant, materials and operatives vehicles; xiii) The potential for impacts from dust and emissions during the demolition and/or construction phase upon local air quality and surrounding residents; xiv) Measures for the laying of dust, suppression of noise and abatement of other nuisance arising from development works; xv) The location of all ancillary site buildings; xvi) The means of enclosure of the site, its erection and maintenance; xvii) Wheel washing equipment; xviii) The parking of vehicles of site operatives and visitors; xix) Meeting the requirements of the [name] for [name] (where relevant plant or vehicles are being used); and xx) The method of recycling and disposing of waste resulting from the demolition and/or construction phases Deliveries/collections to and from the site shall use a route that is agreed with the highway authority and the agreed route shall be signed accordingly.

The refuse and recycling facilities as shown on the approved plans shall be provided prior to beneficial occupation of the development to which this permission relates and shall be permanently retained thereafter. The developer and/or their successors in title shall take all reasonable steps to ensure that all refuse and recyclable materials associated with the development are either stored within these facilities or internally within the building(s) on the application site, and that no refuse or recycling material is stored or placed for collection on the public highway except on the day of collection. End of Conditions