Appeal 6007166

The appeal is allowed and planning permission is granted for replacement of landing platform to the rear exit of house and extending the platform further at [site address] in accordance with the terms of application ref: HPK/2025/0282 and subject to the following conditions:

Within 30 days of this decision, amended plans shall be submitted to the local planning authority for approval in writing, indicating the proposed height, materials, and design of the timber screen fencing at the western and southern elevations of the appeal site. The fencing shall be up to a maximum height of 1.8 metres above the level of the wooden platform. Thereafter the development shall be carried out in accordance with the approved details and within 2 months of the date of the local planning authority’s decision.

Within 30 days of this decision, details of the finished colour of the fencing, to be stained or painted in a dark colour, shall be submitted to the local planning authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details and within 2 months of the date of the local planning authority’s decision.

Development shall be carried out in accordance with the approved plans and details the subject of condition 1.

The main issue is the effect of the proposal on the character and appearance of the dwelling and the street scene.

The appeal concerns an older mid-terrace building, built in gritstone and fronting the narrow road of [address]. The gardens at the rear of the terrace are at a lower level with the buildings being 2 storey at the front and 3 storey at the rear. The houses in the terrace have platforms and steps leading down into the gardens.

The proposed development comprises a timber built structure designed to replace a damaged platform and steps which allowed access to the garden. Direct access to the garden is now possible via a converted cellar. The platform would effectively be increased in area by around 2 m2. The appellant has advised that work commenced on the structure but was halted whilst planning permission was sought. The temporary structure has remained in place and I am advised by the appellant that the intention would be to reduce height levels and re-paint it.

The Council considers that the proposal would not harm the amenity of neighbours. Number [address] has a rear conservatory extension which projects beyond the side and front of the proposed structure. The owner of the neighbouring property at [address] has advised that the structure may be seen from their landing window and downstairs cloakroom window reducing the view of trees. However, these windows do not serve habitable rooms. Although the structure may be seen from that neighbour’s garden I agree with the Council that it has no significant harmful effect on the amenity of neighbours in respect of loss of light, outlook, or privacy.

The upper part of the structure may only be glimpsed from [address]. The car park to [address] to the rear of the appeal site is bounded by a hedge and trees which also restrict the visual impact of the structure.

The Council has referred to its [name] supplementary planning document which advises that there is no tradition of external boarding in the [name]. The appellant has cited examples of the use of timber and other materials in the area, including UPVC.

I find that the structure which has been erected so far has a harmful effect on the character and appearance of the building and terrace because of the height and pale colour of the timber screen fencing.

However, the garden to the property is small and the platform would provide a sheltered accessible sitting and amenity area for the occupants of the building. Reducing the height of the screen fencing from around 2.4 metres to 1.8 metres and painting or staining it in a dark colour would reduce its visual impact to an acceptable level. Although the Council has objected in principle to the use of timber, the extent would be limited and less obtrusive when darkened in colour. The reduced height would still prevent overlooking of neighbouring gardens from the platform.

Conditions are included to require the submission of revised plans in order to remove any doubt, in view that the development is partially built, and to allow control by the Council. The conditions require the height of the screen fencing to be limited and finished in a dark colour in the interest of complementing the character and appearance of the building and surrounding area.

Subject to the proposed conditions the proposal would not conflict with High Peak Local Plan policy EQ6, which requires development to be well designed to respect and contribute positively to the character, identity, and context of [name] townscapes. It would also fail to conflict with the design objectives of the National Planning Policy Framework.

For the reasons given above, and subject to conditions, the proposed development would not conflict with the development plan as a whole and should be allowed.