Modified first floor extension. The design substantially reduces the impact of the extended areas and responds to the Inspector's decision by providing: a smaller structure which is no longer "box-like"; reduced width and depth (c. 2.5 by 2.6m); the reduced roof and pitch to the end provides an improved integration with the dwelling as a whole; and removal of the window considered to be "wide and incongruous”
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Heritage & Conservation
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 October 2016
by Jameson Bridgwater PGDipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24th November 2016
Appeal Ref: APP/L5810/D/16/3156610
45 Park Road, Hampton Wick, Kingston upon Thames KT1 4AS
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Mr Scott Hillman against the decision of the London Borough of
Richmond Upon Thames.
The application Ref 16/1041/HOT, dated 15 March 2016, was refused by notice dated
25 May 2016.
The development proposed is described as ‘Modified first floor extension. The design
substantially reduces the impact of the extended areas and responds to the Inspector's
decision by providing: a smaller structure which is no longer "box-like"; reduced width
and depth (c. 2.5 by 2.6m); the reduced roof and pitch to the end provides an improved
integration with the dwelling as a whole; and removal of the window considered to be
"wide and incongruous”’.
Decision
1. The appeal is allowed and planning permission is granted for a first floor rear
extension at 45 Park Road, Hampton Wick, Kingston upon Thames KT1 4AS in
accordance with the terms of the application, Ref 16/1041/HOT, dated 15
March 2016, subject to the following conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: Site Location Plan, SAH14001-45PR-1-
Exist GA Rev 001, SAH14001-45PR-5-PROP & EXIST GA Rev G and
SAH14001-45PR-6-PROP GA Rev H.
3) The external materials to be used in the development hereby permitted
shall match in colour, form and texture those of the existing building.
4) The proposed first floor windows in the southern elevation of the building
hereby approved shall at no time be openable or glazed, otherwise than
in obscured glass, below a minimum height of 1.75 metres above the
relevant floor level.
Application for costs
2. An application for costs was made by Mr Scott Hillman against the London
Borough of Richmond Upon Thames. This application is the subject of a
separate decision.
Appeal Decision APP/L5810/D/16/3156610
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Procedural matters
3. The description of development was amended by the Council at the application
stage to refer to ‘first floor rear extension’. I agree that this more accurately
describes the proposed development and this is the description I have
therefore used in my decision.
Main issue
4. The main issue is whether the proposal would preserve or enhance the
character of the Hampton Wick Conservation Area (CA) and the character and
appearance of the host dwelling.
Reasons
5. Hampton Wick CA is an urban village, which has retained its own identity and
sense of place. The village survives today as a triangular wedge constrained
by the River Thames to the east and Bushy and Home Parks to the west and is
bounded to the north by the periphery of Teddington. Park Road is a quiet
residential street with a character formed by the juxtaposition of a wide
selection of building styles. Buildings in contrasting styles sit happily next to
each other, their appearance unified by use of common materials i.e. brick,
render and slate, and by a common intimate scale. The houses are
predominantly C19th and are two storey semi-detached pairs or short terraces
set behind small neatly kept front gardens which are well defined by a
combination of railings, hedges, fences and low walls.
6. It therefore rests with me as the decision maker to apply the intended
protection for heritage assets as specified in section 72(1) of the Planning
(Listed Buildings and Conservation Areas) Act 1990 (the Act).
7. The appeal site is a two storey semi-detached dwelling with modest rear
garden. The rear elevations of the host dwelling No 45 and the adjoining
property No 43 have been altered substantially. At first floor level both have
rear extensions and there are a number of windows and rooflights inserted into
the rear elevations.
8. I have carefully considered the Council’s concerns in relation to the design, size
and bulk of the proposed first floor extension. However, the revised
contemporary design (reduction in length and mono-pitch roof) and the
removal of the rear facing window would allow the extension to be reduced in
size and bulk whilst still adequately relating to the host dwelling as extended,
when compared to the previously refused scheme (APP/L5810/D/15/3135612).
9. Furthermore, given the modest scale and siting of the proposal, it would not
dominate the host dwelling or result in material harm to the symmetry and
balance of the pair of semi-detached houses when compared to the existing
situation. Moreover, the scale and siting of the extension also ensures that it
would not be readily visible from Park Road or the wider CA. It is for these
reasons that the proposal would have a neutral effect on the CA.
10. Having reached the conclusions above, the proposed first floor rear extension
would have a neutral effect on the character and appearance of the host
dwelling and would therefore preserve the character and appearance of the
Hampton Wick Conservation Area. I therefore find that the proposal is
consistent with Policy CP7 of the London Borough of Richmond upon Thames
Appeal Decision APP/L5810/D/16/3156610
3
Core Strategy and Policies DM DC1 and DM HD1 of the London Borough of
Richmond upon Thames Development Management Plan. I also find that there
is no conflict with the National Planning Policy Framework. In reaching my
conclusions I have also taken into account the Council’s SPD House Extensions
and External Alterations.
Other considerations
11. Local interested parties have raised the issues of overlooking and the effect on
light and outlook (tunnelling effect). In relation to overlooking I have applied a
condition that requires the proposed first floor windows in the southern
elevation of the building to be non-openable and glazed with obscured glass.
However, based on the evidence before me I am not persuaded that there
would be an increased tunnelling effect when in the rear garden or passage of
No 47 or that light would be unacceptably reduced to rear windows or the
garden area. This conclusion is consistent with that of the Local Planning
Authority.
Conditions and Conclusion
12. In addition to the standard implementation condition, it is necessary for the
avoidance of doubt, to define the plans with which the scheme should accord.
To ensure the satisfactory appearance of the scheme and to protect the
character and appearance of the area, it is necessary for the materials used to
match those of the original building.
13. For the above reasons and having regard to all other matters I conclude that
the appeal should be allowed.
Jameson Bridgwater
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 24 October 2016
by Jameson Bridgwater PGDipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24th November 2016
Appeal Ref: APP/L5810/D/16/3156610
45 Park Road, Hampton Wick, Kingston upon Thames KT1 4AS
The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
The application is made by Mr Scott Hillman for a full award of costs against the London
Borough of Richmond Upon Thames.
The appeal was against the refusal of planning permission for a proposal described as
‘Modified first floor extension. The design substantially reduces the impact of the
extended areas and responds to the Inspector's decision by providing: a smaller
structure which is no longer "box-like"; reduced width and depth (c. 2.5 by 2.6m); the
reduced roof and pitch to the end provides an improved integration with the dwelling as
a whole; and removal of the window considered to be "wide and incongruous”’.
Decision
1. The application for an award of costs is refused.
Reasons
2. National Planning Practice Guidance (the Guidance) advises that, costs may
only be awarded against a party who has behaved unreasonably and thereby
caused the party applying for costs to incur unnecessary or wasted expense in
the appeals process.
3. The Guidance further sets out that parties in planning appeals and other
planning proceedings normally meet their own expenses. Additionally the
Guidance is clear that costs cannot be claimed for the period during the
determination of the planning application. However, behaviour and actions at
the time of the planning application can be taken into account in the
Inspector’s consideration of whether or not costs should be awarded.
4. The appellant’s application for an award of costs states that the Council failed
to co-operate with the applicant during the application process and that the
case officer failed to carry out a site visit.
5. In response the Council have reasoned that amendments to the submitted
scheme to were not sought from the agent as the Council still retained an in-
principle objection to the extension of the first floor of this property and that
this advice had been previously provided to the appellant by the Council.
Further, the Council stated the site visit was carried out from the adjoining
properties and it was not necessary to view the proposed development from
the garden or inside the host dwelling.
6. Therefore, based on all of the information before me, it is clear that the
decision made by the Council was founded on their balancing of the evidence
Costs Decision APP/L5810/D/16/3156610
2
before them, including the previous appeal decision and the weight that they
afforded it. It is also clear from Council’s assessment of the application within
their officer’s report that a site visit took place.
7. Consequently, whilst I have found in favour of the appellant in terms of the
appeal decision; based on the information before me there is no substantive
evidence that demonstrates that the Council have behaved unreasonably in
relation to their consideration and determination of the application.
8. In conclusion I find that it has not been demonstrated that the Council behaved
unreasonably in determining the planning application and that the appellant’s
costs in mounting the appeal were not unnecessarily incurred. For this reason,
and having regard to all other matters raised, an award of costs is therefore
not justified.
Jameson Bridgwater
INSPECTOR
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