Part two storey part single storey rear extension, first floor side extension, single storey front extension to garage, bay windows to ground floor front elevation with canopy roofs, canopy over front entrance. Raising ridge with crown roof to provide second floor accommodation, Juliette dormer window to rear
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Extensions
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 22 November 2016
by Richard Aston BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 20th December 2016
Appeal Ref: APP/B1930/D/16/3156934
47 Midway, St Albans, Hertfordshire AL3 4BB
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 and Mrs R Behan against the decision of St Albans City &
District Council.
The application Ref 5/16/1608, dated 20 May 2016, was refused by notice dated 15 July
2016.
The development proposed is part two storey part single storey rear extension, first
floor side extension, single storey front extension to garage, bay windows to ground
floor front elevation with canopy roofs, canopy over front entrance. Raising ridge with
crown roof to provide second floor accommodation, Juliette dormer window to rear.
Velux windows.
Decision
1. The appeal is allowed and planning permission is granted for part two storey
part single storey rear extension, first floor side extension, single storey front
extension to garage, bay windows to ground floor front elevation with canopy
roofs, canopy over front entrance. Raising ridge with crown roof to provide
second floor accommodation, Juliette dormer window to rear and Velux
windows at 47 Midway, St Albans, Hertfordshire AL3 4BB in accordance with
the terms of the application, Ref 5/16/1608, dated 20 May 2016, subject to the
following conditions:
1) The development hereby permitted shall be begun before the expiration
of three years from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the approved plans: Site Location Plan, Block and Roof Plan, RB
2015/1, RB2015/2 Rev A and RB 2015/3.
3) The materials to be used in any works to the external surfaces of the
development hereby permitted shall match those used in the existing
building.
4) The extensions hereby permitted shall not be occupied until the windows
at first floor level in the flank elevations have been fitted with obscured
glazing, and no part of those windows that is less than 1.7 metres above
the floor of the room in which it is installed shall be capable of being
opened. Details of the type of obscured glazing shall be submitted to and
approved in writing by the local planning authority before the window is
installed and once installed the obscured glazing shall be retained
thereafter.
Appeal Decision APP/B1930/D/16/3156934
2
Procedural Matter
2. Although the Council used a different description in their decision, neither of
the main parties has provided written confirmation that a revised description of
development has been agreed. Accordingly, I have used the description of
development given on the original application form.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the host property and area.
Reasons
4. The appeal property is a detached, two storey dwelling constructed from brick
and located in a row of residential properties. The roof of the dwelling is
hipped with a central ridgeline and part cat slide roof over the side garage.
There is also an existing two storey flat roof extension to the rear.
5. It was evident from my site visit that Midway contained a substantial variety of
residential dwellings in terms of their scale, form, design and appearance and
that there is a general lack of uniformity within the street. Surrounding
properties include single, one and a half and two storey dwellings set back from
the highway and with deep gardens. Furthermore, a number of the dwellings
benefit from substantial extensions and alterations, including deep rear
projections and side extensions that are built very close to the side boundaries.
6. There would be a double hipped gable at first floor level facing No. 49 but this
would be set down below a minor increase in the ridge height of the existing
dwelling and set in from the front and rear elevations. I also share the
Council’s view that the other alterations to the front elevation, the first floor
side additions and the raising of the roof would be of an acceptable design and
would not be harmful to the character and appearance of the host property or
the area.
7. There is no doubt that the proposal would result in a substantial amount of
extensions and alterations. In particular, the ground floor rear projection
would be deep and when combined with the scale of the two storey rear
extension, it would substantially change the appearance of the host property.
8. However, the majority of the extensions and alterations would be to the rear
and would not be conspicuous from the street. Although single storey rear
extensions should not normally extend more than 3m rearward along a party
boundary1, the increase in the overall scale and depth of the dwelling would be
apparent from only a very limited number of viewpoints, including rear gardens
of adjoining properties. Moreover, a significant amount of the rear garden
would be retained and therefore the rear projections would not appear
obtrusive. Although I have no evidence of other crown roof forms within the
street, in itself, it would not be an overly prominent or unduly dominant
feature.
9. Overall, in the context of a street that has such variations in the scale, form
and appearance of dwellings and built form very close to the side boundaries,
1 Policy 72 Vii of the St Albans District Local Plan Review 1994.
Appeal Decision APP/B1930/D/16/3156934
3
the proposal would not appear cramped or so overly large that it would cause
harm to the character and appearance of the host property or the area.
10. Turning to the flat roof dormer window, it would be set in from the side of the
roof and below the newly created crown roof. Whilst the existing property does
not contain such a feature, there are examples of more prominent dormer
windows on other dwellings within Midway. In my view, it would not be of an
excessive width or out of scale with the host property and it would not be
visible in the street. It would not therefore harm the character and appearance
of the host property or area. Although there would be five roof lights inserted
into the roof facing No. 45, they would be adequately spaced, positioned
appropriately and would not be of an excessive size. Consequently, they would
not appear overly cluttered to the extent that their appearance would be
harmful.
11. Overall and for these reasons, the proposal would not harm the character and
appearance of the host property and the area. It would not conflict with
Policies 69 and 72 of the St Albans District Local Plan Review 1994 (‘LP’) which,
amongst other things, seek to ensure an extension relates to the domestic
scale, character and appearance of the street, is of a high standard of design
and is compatible with the original building. Although the LP pre-dates the
National Planning Policy Framework (‘the Framework’) and is of some vintage, I
find these policies are consistent with it. Accordingly, the proposal would not
conflict with the design objectives of the Framework.
Conditions
12. I have considered the conditions put forward by the Council and have amended
the wording where necessary in the interests of clarity and simplicity. A
condition is required to ensure compliance with the approved plans as this
provides clarity. Furthermore, a condition that external materials match the
existing building is necessary in the interests of the character and appearance
of the host property and area.
13. To protect the living conditions of adjoining occupiers, in terms of privacy a
condition is necessary that the windows in the first floor flank elevations are
obscurely glazed and non-opening below a height of 1.7m, prior to occupation
and that the details of the type of obscure glazing are agreed in writing with
the local planning authority, prior to installation.
Conclusion
14. For the reasons set out above, the proposal would not conflict with the
development plan, when read as a whole or the Framework. Having considered
all other matters raised, I therefore conclude that the appeal should be
allowed.
Richard Aston
INSPECTOR
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