Two storey front and rear extensions
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Residential Amenity
Extensions
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 December 2016
by Siobhan Watson BA(Hons) MCD MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 23 December 2016
Appeal Ref: APP/M0655/D/16/3158409
12 Mitton Close, Culcheth and Glazebury, Warrington, WA3 4EU
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 Holt against the decision of Warrington Borough
Council.
The application Ref 2016/28233, dated 7 June 2016, was refused by notice dated
18 August 2016.
The development proposed is two storey front and rear extensions.
Decision
1. The appeal is allowed and planning permission is granted for two storey front
and rear extensions at 12 Mitton Close, Culcheth and Glazebury, Warrington,
WA3 4EU in accordance with the terms of the application, Ref 2016/28233,
dated 7 June 2016, subject to the following conditions.
1) The development hereby permitted shall begin no later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: 16MH -PL-03A and -04A.
3) The materials to be used in the construction of the external surfaces of
the extension hereby permitted shall match those used in the existing
building.
Application for costs
2. An application for costs was made by Mr and Mrs Holt against Warrington
Borough Council. This application is the subject of a separate decision.
Main Issue
3. The main issue is the effect of the proposed extensions on the living conditions
of the occupiers of neighbouring properties with particular regard to outlook
and privacy; and the living conditions of the occupiers of the appeal property
with regard to amenity space.
Reasons
4. The appeal site is a detached dwelling within a housing estate. The 2-storey
rear extension would be visible from the rear windows of numbers 6 and 8
Mitton Close which back onto the appeal site.
Appeal Decision APP/M0655/D/16/3158409
2
5. That said, according to the Council’s House Extension Guidelines (HEG), a
minimum distance of 13m should be maintained between a habitable room
window and a directly facing gable end (i.e. an elevation without a window).
The side of the rear extension would not directly face the windows of No 8 and
the distance between the windows of this neighbouring dwelling and the
proposed extension would be around 15m. The side elevation of the extension
would also be some distance from the rear garden boundary of No 8. The
garden of No 8 is of a substantial length and depth and given the separation
distance between the extension and the garden boundary, I do not consider
that the extension, at some 3m in depth, would have a dominant effect upon
the outlook from this garden. The proposed windows in the rear elevation
would not directly face No 8 and therefore there would be no material effect
upon the privacy of this adjoining property.
6. The proposed rear extension would not be directly opposite No 6 and would be
even further away from No 6 than from No 8. Therefore, the impact upon the
outlook from the windows of this property would be even less than from the
windows of No 8. There would be first floor windows in the rear elevation of
the extension but a distance of 10m would be maintained to the rear boundary
which is also the side boundary of No 6. I consider this to be sufficient
distance to avoid undue overlooking of the garden of No6.
7. The appeal house has a decent sized rear garden and I consider that sufficient
space would remain around the house to provide adequate private amenity
space for its occupants. I have no substantive evidence to the contrary.
Furthermore, there is a large front garden and given the overall generous size
of the plot, I do not consider that the extensions would represent
overdevelopment or look out of place within the street-scene. The appeal site
is close to the Culcheth (Newchurch) Conservation Area but I find the design of
the proposals to be acceptable so I do not consider that the extensions would
affect the setting of this conservation area.
8. For the above reasons, I conclude that the proposed extensions would not
harm the living conditions of either the occupiers of neighbouring properties or
the occupiers of the appeal dwelling. Consequently, I find no conflict with Core
Strategy Policies CS1, QW6 and QE7 of the Warrington Local Plan Core
Strategy (CS); the HEG or paragraphs 17 and 56 of the National Planning
Policy Framework which, in combination, seek to ensure high quality design
which safeguards the amenity of neighbours.
9. I have considered all other matters raised, including the representations from
interested parties, but none outweigh the conclusions I have reached and the
appeal is allowed subject to the conditions.
Siobhan Watson
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 20 December 2016
by Siobhan Watson BA(Hons) MCD MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 23 December 2016
Costs application in relation to Appeal Ref: APP/M0655/D/16/3158409
12 Mitton Close, Warrington, WA3 4UE
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 and Mrs Holt for a full award of costs against Warrington
Borough Council.
The appeal was against the refusal of the Council to planning permission for two storey
front and rear extensions.
Decision
1. The application for an award of costs is allowed in the terms set out below.
Reasons
2. The Planning Practice Guidance advises that costs may be awarded against a
party who has behaved unreasonably, and thereby caused the party applying
for the costs to incur unnecessary or wasted expense in the appeal process.
3. The application was recommended for approval by the Council’s officers.
Members are not bound to accept the recommendations of their officers
however, this does not exempt them from following the Planning Practice
Guidance which says that Local planning authorities are at risk of an award of
costs if they behave unreasonably with respect to the substance of the matter
under appeal.
4. Examples of this are listed1 in the PPG and include: “Preventing or delaying
development which should clearly be permitted, having regard to its
accordance with the development plan, national policy and any other material
considerations” and “vague, generalised or inaccurate assertions about a
proposal’s impact, which are unsupported by any objective analysis”.
5. Whilst the Council produced a reason for refusal which referred to the size of
the extension and the effect of it upon the neighbouring occupiers, no real
explanation was evident as to why the extension should have such an effect.
In particular, there was no indication of why the development should have
been unacceptable even though it adhered to the Council’s House Extension
Guidelines. Whilst some cases are borderline, the proposal was well within the
HEG for distances between buildings. I understand that the committee
members visited the properties adjoining the appeal site but this does not offer
any explanation of their conclusions.
1 Paragraph 049 Reference ID 16-049-20140306
Costs Decision APP/M0655/D/16/3158409
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6. I consider that the development should have been clearly permitted and that
the Council produced vague and generalised assertions about the proposal’s
impact which are unsupported by objective analysis. The Council has therefore
behaved unreasonably, and thereby caused the party applying for the costs to
incur unnecessary expense in the appeal process
Costs Order
7. In exercise of the powers under section 250(5) of the Local Government Act
1972 and Schedule 6 of the Town and Country Planning Act 1990 as amended,
and all other enabling powers in that behalf, IT IS HEREBY ORDERED that
Warrington Borough Council shall pay to Mr and Mrs Holt, the costs of the
appeal proceedings described in the heading of this decision; such costs to be
assessed in the Senior Courts Costs Office if not agreed.
8. The applicant is now invited to submit to Warrington Borough Council, to whom
a copy of this decision has been sent, details of those costs with a view to
reaching agreement as to the amount.
Siobhan Watson
INSPECTOR
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