Appeal 6007385

The appeal is allowed and planning permission is granted for a single storey side/rear extension, roof alterations to enlarge roof space with addition of front and rear dormers, heat pump, solar panels, and elevational alterations with landscaping to rear garden to include raised patio. Demolition of existing garage and construction of detached garage to rear garden at [site address] , Orpington, [postcode] in accordance with the terms of the application, Ref 25/05819/HPA, and the plans submitted with it, subject to the conditions set out in the schedule attached to this decision.

It is noted that changes to the existing boundary fencing are briefly referred to in the materials section of the application form and shown on the 3D drawings. They are not however referred to in the description for the development on the application form and full details for the proposed fencing are not provided. Also, in the council’s revised description they specifically refer to the landscaping considered to form part of the application and this did not include any boundary treatment. No reference is made to any boundary treatment changes in the councils delegated report or decision. Accordingly, for the avoidance of any doubt I confirm that any changes to the boundaries of the appeal site fall outside the scope of this appeal.

Although the application form makes no reference to solar panels, they are shown on the submitted elevation drawings and are included in the revised description on the application. As such they are an integral part of the appeal proposal.

The effect of the proposal on the character and appearance of the host property and the wider street scene.

The appeal site is located within a residential area that is primarily characterised by a diverse mix of one and half and two storey detached and attached family dwellings, with a combination of hipped and gable roofs. Many of the roofs include projecting two storey front gables and/or dormer windows, including on front elevations. Typically, the dwellings in the locality are set back from the street scene behind a mix of open and enclosed front gardens. The gaps between the dwellings vary, with the gaps between the hipped roofs adding to the sense of space within the street scene. This together with the sloping topography; varied building heights and roof forms; abundance of trees, hedging and deep grass verges contributes to the informal and spacious suburban character and appearance of the local area.

The appeal property occupies a prominent position adjacent to the junction of [address] and [address]. It comprises an older modest sized chalet style detached dwelling which faces towards [address] and has centrally located pitched roof dormer windows on its front and rear roof-slopes. The appeal dwelling also has a single storey side extension with a pitched roof, that is set back from the front elevation. On the opposite side of the dwelling is a bay window which faces [address].

The appeal dwelling occupies a wide plot and there are particularly wide gaps between the appeal dwelling and its side boundaries. These gaps and the appeal dwelling are partially screened from [address] and [address] by mature shrubs and trees around the boundaries to the property.

The adjacent dwelling along [address] sits at a higher level and comprises a bungalow with accommodation within its roof space. The gap between this dwelling and its side boundary is spacious and facilitates views into the mature landscaped rear garden environment. The adjacent dwelling along [address] (No.225) comprises a deep two storey house with a large front facing gable projection and single storey side wings which project up the side boundaries of its plot.

Together and amongst other things policies 6 & 37 of the London Borough of Bromley Local Development Framework Local Plan 2019 (LP) and policy D4 of the London Plan promote a design-led approach. New development should respond to local character and be of a high standard of design and layout. It should respect or complement the scale, proportion, form, layout and materials of host and adjacent buildings. Paragraph 135(c) of the National Planning Policy Framework 2024 (the Framework), states that new development should be sympathetic to local character and history, including the built environment and landscape setting, while not preventing or discouraging appropriate innovation or change.

Policy DG5 of the London Borough of [name] 2023 (SPD), advises that extensions should appear subservient in scale to avoid uncharacteristically large additions which can significantly change the appearance of a dwelling. Dormer windows should be of a size and design appropriate to the roofscape and sited away from prominent roof pitches unless they are a feature of the area. Paragraph 5.37 of the SPD sets out three design approaches that can be adopted in response to local character and context, including Restore, Re-imagine and Replace.

Rather than appearing as a clearly identifiable subservient extension, the proposed extension has been designed to appear as an integral part of the host dwelling. The scale, proportions and form of the extension all reflect and respect the host dwelling. The proposed front dormer is consistent with the existing front dormer and blends in readily with the roofscape of the host dwelling and the area as a whole. The central siting, form and design of the proposed wide rear dormer would appropriately break up the rear roofscape. Flat and crown roofs on main and dormer roofs are not uncommon in the area and contribute to the diverse built character of the locality.

Other than the proposed rooflights, the proposed fenestration on the front and rear roof slopes reflect and reinforces the character and appearance of the existing building. The proposed rooflights are slightly out of alignment and do not reflect the proportions of the existing dormer windows. However, when viewed from the street and rear garden environment they would appear smaller due to the sloping roof pitch and their position set back from the more prominent dormer windows. As a consequence, whilst they would not make a positive impact on the appearance of the host building they would blend into the roof slope and have a negligible impact on the overall appearance of the dwelling and its setting.

Whilst the full height ground and first floor windows on the side elevation facing ‘The Haven’ are large, their strong vertical detailing breaks up their mass and they do not impact on the main elevation of the proposed resultant dwelling. Also, because the dwelling sits at a lower level to other dwellings along St.[address] the proposed first floor windows would not be unduly prominent in views from the street scene.

Few details are provided concerning the proposed solar panels. Solar panels are utilitarian in character and appearance and care needs to be taken when siting them on prominent roof slopes. A compromise typically needs to be found between their visual impact and the energy efficiency benefits they deliver.

In this instance I acknowledge that the proposed solar panels and air source heat pump (ASHP) would help make the dwelling energy efficient and I give considerable weight to this. At the same time, together with the existing and proposed roof fenestration and chimneys the proposed solar panels would have the potential to make the front roof slope appear cluttered. This could detract from the character and appearance of the resultant host dwelling and the immediate street scene.

In reaching a balance between these benefits and possible harm, the acceptability of the proposed solar panels would depend on their combined size, colour, the nature of their surfacing materials, projection above the roof slope and whether they are in tile form, integrated into the roof or fixed to it. Accordingly full details of the proposed solar panels would need to be agreed prior to their instalment. This is a matter that could be satisfactorily dealt with by condition.

Finally, with the proposal a generous sized gap would be retained between the appeal dwelling and the adjacent dwelling (The Haven). The depth of the gap between the appeal dwelling and No.225 would be maintained.

For these reasons the proposed extension would respect the host dwelling and would be readily assimilated into the street scene. It accords with [name] 6 & 37, Policy D4 of the London Plan, paragraph 135 of the Framework and the design approaches set out in the SPD. Section 1 of the SPD advises that its guidance is not intended to be overly prescriptive. It aims to provide an overarching spatial vision outlining key design principles that should be followed, whilst also allowing for flexibility to encourage richness, variety and innovation in future detailed designs.

Although the proposed extension would not meet the advice in the SPD relating to subservience, it would sympathetically integrate with the host dwelling and the street scene, As such I am satisfied that this conflict with the SPD is insufficient to justify refusing planning permission.

The proposed garage would sit partially on the footprint of the existing garage and alongside the garage in the garden of the adjacent dwelling, which sits at a higher level. It would also be modest in size and form and set back from the highway. For these reasons the proposed garage would respect the character and appearance of the host property and the street scene.

The proposed landscaping includes modest changes in levels to provide flat areas of hard surfacing and soft landscaping. Given the modest nature of the proposed works they would not have a material impact on the character and appearance of the host dwelling or the street scene and would not result in a material loss of privacy for the occupiers of the adjacent dwellings.

I conclude on the main issue that the proposal would respect the character and appearance of the host dwelling and the wider street scene. It would comply with [name] 6 & 37, Policy D4 of the London Plan, paragraph 135 c) of the Framework and the design approaches set out in the SPD.

The proposed ASHP would be sited close to the boundary with No.225 and so would have the potential to generate a level of noise and disturbance that could materially detract from the living conditions of the occupiers of that property. As suggested by the Council this is a matter that could be satisfactorily addressed through the imposition of a condition which requires the ASHP to comply with the MCS 020a standard. This would ensure that the ASHP complies with current permitted development noise limits at neighbouring habitable room windows.

The proposed first floor windows of the rear elevation of the appeal dwelling would be sited close to the boundary with No.225. Whilst there is currently tall mature planting between the two properties this may not always be the case and without such planting some of the windows would facilitate views over the adjacent side wing and gardens at No.225. To prevent an unacceptable loss of privacy for the occupiers of No.225 it would be both reasonable and necessary to restrict the level of potential overlooking.

To achieve this the proposed bathrooms would need to be fitted with obscure glass and should be non-openable below a height of 1.7 metres above the floor levels of the bathrooms. The rear rooflights to the master bedroom should also be obscure glazed and have restricted opening. As indicated by the council this is a matter that can be satisfactorily dealt with by condition.

I am less concerned about the proposed landing window and the proposed rooflights in bedroom two. This is because the existing landing is served by a clear glazed window and the proposed rooflights to bedroom 2 would be slightly recessed and located to the side of No.225.

The council has suggested the imposition of a condition which requires the provision and retention of the proposed garage and parking area. I agree that this condition is necessary to ensure adequate off-street parking is provided to meet the needs of the occupiers of the resultant dwelling.

I addition to the above, conditions which require the development to be carried out in accordance with the approved plans and the materials section set out on the application form. This is in the interests of certainty and to ensure the proposed development respects the character and appearance respects the host dwelling and the street scene.

Both the council and the appellant have been consulted regarding the wording of the conditions referred to above and have raised no concerns.

For the reasons set out above and having regard to all other matters raised the appeal is allowed.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be completed in accordance with the following approved plans: BL/DRG/3984/01, BL/DRG/3984/02, BL/DRG/3984/03, BL/DRG/3984/04, BL/DRG/3984/05, BL/DRG/3984/06, BL/DRG/3984/07, BL/DRG/3984/08, BL/DRG/3984/09 and BL/DRG/3984/10.

The materials to be used in the construction of the extension, roof alterations and garage hereby permitted should be as set out in the application form.

Prior to the first use of the air source heat pump appliance hereby permitted, details demonstrating that noise levels from the appliance do not exceed the permitted level at neighbouring property when assessed in accordance with the MCS 020a standard, shall be submitted to and approved in writing by the local planning authority. The air source heat pump shall be installed and thereafter maintained in accordance with the approved details.

No works to the roof of the extended dwelling hereby permitted shall be carried out until full details of the proposed solar panels, including their precise location, type, size and projection from the roof-slope have been submitted to and approved in writing by the local planning authority. The solar panels shall be installed and retained in accordance with the approved details.

Before the use of the extension hereby permitted commences the garage and parking area hereby permitted shall be completed in accordance with the details set out on drawing No: BR/BLG/3984/07 and thereafter shall be kept available for such use and no permitted development whether permitted by the Town and Country Planning (General Permitted Development) Order (England) 2015 (or any Order amending, revoking and re-enacting this Order) or not shall be carried out on the land or garage indicated or in such a position as to preclude vehicular access to said land or garage.

The extended roof space hereby permitted shall not be occupied until the windows in the first floor bathroom and en-suite rooms hereby permitted have been fitted with obscure glazing to a minimum of [name] 3, and no part of the bathroom and en-suite windows that are less than 1.7 metres above the floor level of the rooms in which they are being installed shall be openable. Once installed the obscured glazing and restricted opening shall be retained thereafter.

The master bedroom within the proposed roof extension hereby permitted shall not be occupied until the two rooflights facing No.225 have been fitted with obscure glazing to a minimum of [name] 3, and have restricted opening so that the bottom of the windows cannot project more than 16cm beyond the bottom Sills of the windows concerned. Once installed the obscured glazing and restricted opening shall be retained thereafter. ***End of Schedule***