Appeal 6006048

The appeal is allowed and planning permission is granted for the demolition of existing garage and construction of a part single, part two storey single family dwellinghouse with rooms in the roofspace including 1no. rear dormer and 1no. rooflight to front. Alterations and extensions to No.86 including, single storey rear extension, roof extension including hip to gable, rear dormer and 3no. front facing rooflights. Associated alterations to hard and soft landscaping including provision of amenity space, refuse storage, cycle store, heat pump and off-street parking, at [site address] , Whetstone, Barnet, London [postcode] in accordance with the terms of the application, Ref 25/4957/FUL, subject to the conditions in the attached schedule.

I have amended the description of development used in my decision, to that agreed between the main parties. This is the description used in the Council’s Decision Notice and the basis on which the Council assessed the proposal. I am satisfied that it fully and accurately reflects the development in the plans before me.

I have been provided with details of a recently approved planning permission1 for a side extension at the appeal site. Externally the appearance and form of the current proposal is similar to that approved, except that it is currently proposed to have a door to the front elevation in place of a window, as per the previous permission. I have had regard to this permission as a fallback position and as a material consideration in determining the appeal scheme before me. 1 Planning application reference: 25/3968/HSE.

The main issue is the effect of the proposed development on the character and appearance of the host dwelling and surrounding area.

The appeal site comprises a two-storey, semi-detached dwelling, with a hipped roof, and attached garage to the side. To the front of the dwelling is an area of hardstanding for parking, with two points of access from the highway.

The surrounding area is predominantly residential in character and includes dwellings of varying type, form, scale and age. Notwithstanding this variety, [site address] (No 86) sits at one end a group of properties of similar appearance ([address] North). Although separated by the larger [address] flat block, this group continues to the east at [address] North. The groups have a distinct character comprising semi-detached, and detached houses of similar size, appearance, building line, and plot widths.

The paired neighbour to No 86 ([address] North) has a side gable roof design, although the pair remain visually balanced. At first floor level, both houses are set in from their opposing side boundaries. The spacing to the side of the dwellings is characteristic of 86-98 and [address] North.

The appeal site would be split in two, with the new dwelling appearing as a side extension to the existing property. The new dwelling would fill the existing gap to the side boundary in its entirety, although it would be set back from the side boundary at the upper levels. The mass of development would impact on the existing characteristic spacing between the property and the site boundary, however, the set back and roof ridge being set down from that of the donor dwelling, in my view limits such a perception from much of the surrounding street scene.

Whilst the proposal before me is for a separate dwelling attached to No 86, I am mindful of the fallback position and that the appeal proposal has been designed, as far as possible, to appear as an extension to the existing building. Whilst the proposed door might lead to some perception that the development is a separate dwelling, it is in a relatively unobtrusive position and its visual impact would, to some extent, be mitigated by the planting shown on the drawings.

The appearance of the proposed development as an extension to an existing dwelling, rather than as a separate house, would avoid the pair of semi-detached properties, to which it is attached, appearing as a short terrace. It would avoid the new dwelling appearing as an individual house, narrower than those in the group of which it forms a part and would, to some extent, mitigate against it appearing unduly cramped on the site.

The proposed use of materials which match the donor dwelling would help to maintain an appearance and perception of the development as an extension. That said, minor or cumulative changes to the proposed dwelling, which might not need planning permission, could erode its visual relationship with the donor dwelling, and lead to the new element reading as a separate house. However such changes could be controlled, to some degree, by condition.

The frontage would remain open and shared, with no division between the existing and proposed dwellings which, should it be retained as such, would maintain the appearance of the development as an undivided plot, in keeping with the characteristic plot widths of the group.

I have considered that there might be a possibility that separate domestic paraphernalia at the front of each dwelling, might lead to the perception of the site being two units. However, the plot would remain open and physically undivided, with the frontage used for parking, and bin stores, as opposed to gardens or areas for recreation. This would very much minimise the likelihood of any discernible separate domestic paraphernalia in this area.

Whilst the nature and intensity of use of the appeal site would be different if used as two separate dwellings, it is likely to be limited and not substantially different to that of a large, single family dwelling. Given the particular circumstances of this case, it is unlikely to have an significantly different impact on the character and appearance of the area than that of the fallback position.

In addition to the planning approval at the appeal site, my attention has been drawn to a recent appeal decision2 for a proposal to demolish the garage and erect a new dwelling attached to No 86. That appeal was dismissed. Whilst that proposal raised similar issues to the development before me, a valid fallback scheme was not before the inspector at that time, and I have come to a different decision based on the facts of this case.

Based upon the current site situation and for the reasons set out above, the appeal proposal would have a minor adverse effect upon the character of the host dwelling and surrounding area, in comparison to the fallback position, through the change to the nature and intensity of use of the site.

For these reasons, I therefore find conflict with Policy CDH01 of the Barnet Local Plan 2021- 2036 (adopted March 2025) and Policy D3 of the London Plan (2021), which taken together seek to deliver development which responds to distinctive local building forms and patterns of development. However, any harm would be limited in nature and extent.

The economic benefits during construction would appear similar to those in constructing the fall-back position, however, as an additional dwelling and household the appeal scheme would be likely to result in some further on-going spend and support to local services and facilities once complete, attracting limited weight in favour of the proposal.

The provision of an additional dwelling would be a small but valued contribution to meeting housing supply, which is an important benefit of the appeal scheme attracting weight in its favour. The benefits and evidence in support of the appeal scheme are such that even were I to have attributed the fallback reduced weight, these benefits would outweigh the limited harm.

Therefore, the appeal should be allowed, given the appearance of the development as an extension to the donor dwelling, which could be secured through appropriate conditions. 2 Planning Inspector reference APP/N5090/W/23/3334618. Dated 18 June 2024.

I have considered the Council’s list of suggested conditions, and the appellants comments on them, in light of advice in the Framework and Planning Practice Guidance. Given the similarities with the fallback scheme, in the interests of consistency, I have also had regard to the conditions attached to that approval. Where necessary and in the interests of precision and brevity I have amended the wording of conditions.

In addition to the standard time limit condition, for certainty I have imposed a condition requiring that the development is carried out following the approved plans.

In the interests of certainty, to maintain the character and appearance of the area, I have also imposed a condition for materials to match those shown on the drawings. Given the limited palette of materials, and that they are largely to match those of the existing building, it is not necessary to require materials to be approved by the Council.

I have imposed conditions requiring approval of details of the shared front area, as well as refuse and cycle stores, as the latter are not shown in sufficient detail on the application drawings. This is necessary to maintain the character and appearance of the area, and to ensure that cycle parking facilities are provided in accordance with the required standards.

To ensure appropriate screening of the proposed front door, in the interests of maintaining the character and appearance of the area, it is necessary to impose a condition requiring approval of landscaping to the front of the property only.

To safeguard the privacy and amenities of occupiers of adjoining residential properties, I have imposed a condition requiring windows to the side elevation to have obscure glass. For the same reason I have imposed a condition preventing roofs on the development being used as balconies.

To ensure that parking is provided in accordance with the Council's standards, I have imposed a condition requiring the proposed car parking spaces to be provided and retained.

In the interests of protecting biodiversity I have imposed a condition relating to the provision of “hedgehog holes” in boundary fences and walls. Sufficient details of the boundary treatments are shown on the application drawings and it is therefore not necessary to require details to be approved by the Council. To encourage sustainability and the efficient use of water, I have imposed conditions relating to water usage and carbon dioxide emissions.

In order to maintain the character and appearance of the area, I have imposed a condition removing certain permitted development rights; to ensure that the appearance of the new dwelling, as an extension to the donor dwelling, is maintained.

Given the proximity of the site to existing dwellings, a condition limiting the hours of construction on the site would be reasonable and necessary in the interests of the living conditions of neighbouring occupants.

The Council has suggested a condition relating to the provision of a 'Demolition and [name] and Logistics Plan'. I am mindful that such a condition was not imposed on the fallback scheme, and the scale and nature of the issues arising from the construction of either scheme would be similar. However at my site visit I observed that the appeal site is on a busy A-road, with a number of residential properties in close proximity. In the interests of highway safety and of the living conditions of neighbouring occupants, I have included a condition relating to activities which have the potential to have an off-site impact.

The Council have also suggested a condition relating to details of subdivision of the amenity areas; however amenity area to the front of the houses is to be kept as a single space, and those to the rear are shown in sufficient detail on the approved drawings, without the need for such a condition. I have also not included a suggested condition relating to conformity of the development with Building Regulations relating to accessibility, as this is a requirement for the development and therefore unnecessary.

For the reasons given above the appeal should be allowed.

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

The development hereby permitted shall be carried out in accordance with documents and drawings nos.: • A0100 Rev. 01 Site Location Plan • PA3005 Rev. 01 Proposed Site Plan • PA3010 Rev. 02 Proposed Ground Floor Plan • PA3011 Rev. 02 Proposed First Floor Plan • PA3012 Rev. 02 Proposed Second Floor Plan • PA3015 Rev. 02 Proposed Roof Plan • PA3020 Rev. 00 [name] with FCL and Areas • PA3025 Rev. 00 Proposed Parking Plan • PA3100 Rev. 02 [name] • PA3110 Rev. 02 [name] • PA3120 Rev. 02 [name] • PA3210 Rev. 01 Proposed Section through [name] • PA3220 Rev. 02 Proposed Section through [name] • PA3050 Rev. 00 [name] • Planning Fire Safety Strategy dated 10/12/2025 • Design, Access & [name] dated 10/12/2025

The external surfaces of the development hereby permitted shall be constructed in the materials shown on the approved application drawings.

No development or site works shall take place other than demolition of the existing garage until a ‘[name] and Logistics Plan' has been submitted to and approved in writing by the Local Planning Authority. The Construction Management and Logistics Plan submitted shall include the following: • details of the routing of construction vehicles to the site, hours of access, access and egress arrangements within the site; • details showing how all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway; • the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from construction works; • a suitable and efficient means of suppressing dust, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance; • noise mitigation measures for all plant and processes; and, • details of a residents’ liaison contact for the duration of all works associated with the development. The development shall thereafter be implemented in accordance with the measures detailed within the Plan.

Before the development hereby permitted is first occupied, details of the shared front amenity area, including enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers that has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in full accordance with the details as approved under this condition and retained as such thereafter.

Before the development hereby permitted is first occupied cycle parking spaces and cycle storage facilities shall be provided in accordance with a scheme that has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the details as approved under this condition and the spaces shall be permanently retained thereafter.

A scheme of hard and soft landscaping, including details of existing trees to be retained and size, species, planting heights, densities and positions of any soft landscaping, to the front of the buildings shall be submitted to and agreed in writing by the Local Planning Authority prior to the occupation of the hereby approved development. a) All work comprised in the approved scheme of landscaping shall be carried out before the end of the first planting and seeding season following occupation of any part of the buildings or completion of the development, whichever is sooner, or commencement of the use. b) Any existing tree shown to be retained or trees or shrubs to be planted as part of the approved landscaping scheme which are removed, die, become severely damaged or diseased within five years of the completion of development shall be replaced with trees or shrubs of appropriate size and species in the next planting season.

Prior to the first occupation of the new dwellinghouse (Use Class C3) hereby approved they shall all have been constructed to have 100% of the potable (wholesome) water supplied to them by the mains water infrastructure provided through a water meter or water meters and each new dwelling shall be constructed to include water saving and efficiency measures that comply with Regulation 36(2)(b) of [name] 2 of the Building Regulations to ensure that a maximum of 105 litres of water is consumed per person per day with a fittings based approach used to determine the water consumption of the proposed development. Any use of grey water and/or rainwater systems needs to be separate from the wholesome water system and needs to meet the requirements and guidance set out in [name] of the Building Regulations. The development shall be maintained in accordance with the terms of this condition in perpetuity thereafter.

Prior to the first occupation of the development hereby approved it shall have been constructed incorporating carbon dioxide emission reduction measures which achieve an improvement of not less than 10% in carbon dioxide emissions when compared to a building constructed to comply with the minimum [name] requirements of the 2013 Building Regulations. The development shall be maintained in accordance with the terms of this condition in perpetuity thereafter.

The new dwelling hereby permitted shall not be occupied until the windows in the side elevation facing [address] have been fitted with obscured glazing that shall be permanently fixed shut with only a fanlight opening, which shall be permanently retained as such thereafter.

The new dwelling hereby permitted shall not be occupied until the vehicle parking spaces have been provided in accordance with approved drawing no PA3025 Rev. 00. Thereafter those spaces shall be retained thereafter only for the parking of vehicles only.

The treatment of boundaries will be permeable to species such as hedgehogs, with the introduction of a minimum of 1no 13 x 13cm ground level access 'hedgehog hole' between the dwelling on the application site and between each neighbouring piece of land to enable connections and prevent the fragmentation of habitat. The development shall be implemented in accordance with the specification of this condition before first occupation or the use is commenced and retained as such thereafter

The roof area of the development 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) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development otherwise permitted by any of [name], B, C, D, F, G, H of Part 1 of Schedule 2 of that Order shall be carried out within the area of development hereby approved.

No construction work resulting from the planning permission shall be carried out on the premises at any time on Sundays, Bank or Public Holidays, before 8.00 am or after 1.00 pm on Saturdays, or before 8.00 am or after 6.00pm on other days. ***END OF CONDITIONS***