Alteration to front elevation by extending first floor bedroom and replacing existing roof and front dormer with new gable ended roof
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 14 March 2017
by Philip Lewis BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24 March 2017
Appeal Ref: APP/W5780/D/16/3161676
40 Abbey Road, Barkingside, Ilford IG2 7NB
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 Iqubal Hussain against the decision of the Council of the London
Borough of Redbridge.
The application Ref 3870/16, dated 11 August 2016, was refused by notice dated
17 October 2016.
The development proposed is described as ‘alteration to front elevation by extending
first floor bedroom and replacing existing roof and front dormer with new gable ended
roof’.
Decision
1. The appeal is dismissed.
Procedural matter
2. During the appeal process it was confirmed that the appeal would proceed
under the name of Iqubal Hussain, rather than the applicant as set out on the
application form.
Main Issues
3. The main issues for the appeal are:
The effect of the proposed development on the living conditions of
neighbours with particular regard to any loss of light, privacy and
aspect/outlook and any overbearing effects; and
The effect of the proposed development on the character and appearance of
the area.
Reasons
Living conditions
4. I saw at my site visit that the appeal property is situated close to the common
boundary with the neighbouring 38A Abbey Road and that there is a narrow
gap between the properties. No 38A has dormer in its hipped roof facing the
appeal property and I observed that the outlook from the dormer would be
restricted somewhat by the close proximity of the side of the dormer and the
chimney of the appeal property.
Appeal Decision APP/W5780/D/16/3161676
2
5. It is proposed that the existing front dormer and roof are replaced with a new
gable ended roof which would return the dwelling to a two storey appearance
when seen from the street. The proposed gable wall would rise significantly
above the height of the existing dormer of the appeal property and would be
situated in very close proximity to the dormer window in No 38A.
Consequently, the appeal proposal would give rise to a significant reduction in
outlook and light and would cause overbearing effects for the occupiers of room
served by the dormer window.
6. The appeal property is situated significantly forward of the neighbouring 42
Abbey Close, with the properties separated by a modest gap. The proposed
extension would introduce a two storey gabled flank wall in close proximity to
and projecting significantly forward of No 42. This would give rise to adverse
effects in terms of outlook and overbearing effects, particularly in respect of
the first floor room nearest the appeal property, which I understand to be a
habitable room.
7. To conclude on this matter, the appeal proposal would give rise to significant
harm to the living conditions of neighbours. The appeal proposal is therefore
contrary to London Borough of Redbridge Borough Wide Primary Policies
Development Plan Document 2008 (DPD) Policy BD1 which sets out criteria for
the determination of planning applications, including, amongst other things,
that development should not prejudice the amenity of neighbouring occupiers.
The appeal scheme also conflicts with London Borough of Redbridge Core
Strategy 2008 (CS) Strategic Policy 3 which is concerned with the built
environment and amongst other things. requires all new development to
respect the amenity of adjoining properties.
Character and appearance
8. The appeal site is situated on a part of Abbey Road where two storey semi-
detached dwellings and short terraces predominate. I understand that the
appeal property dates from the 1890s and that the neighbouring dwellings
were constructed in the post Second World War period. The neighbouring
dwellings are appreciably set back behind the front of the appeal property, and
consequently, the appeal property appears prominent in the street scene.
9. The host dwelling is a detached property which presents to the street a large
bay window on the ground floor and a large box dormer to the first floor. I
understand that the building was originally a two storey dwelling, which was
rebuilt into its current form after fire damage in the 1970s. I saw at my site
visit that the appeal property, with its first floor dormer, appears discordant
with its neighbours, which exhibit some degree of uniformity in appearance and
scale.
10. The proposed replacement of the existing front dormer and roof by a new gable
ended roof would return the dwelling to a two storey appearance when seen
from the street. This would represent an enhancement in the appearance of
the building, to that more akin to its neighbours. In this respect, the appeal
proposal would not be at odds with the character of neighbouring buildings or
the street scene and would relate satisfactorily to the host building and the
local context.
11. Due to the scale of the proposed works, the bulk and height of the appeal
building both in relation to that existing and to neighbouring dwellings would be
Appeal Decision APP/W5780/D/16/3161676
3
significantly increased. On balance however, having had regard to the existing
dwelling, I find that the appeal proposal would not give rise to significant harm
to the character and appearance of the area. The proposal does not in this
regard conflict with DPD Policy BD1 or CS Strategic Policy 3. My conclusions in
respect of this matter do not outweigh my findings in respect of living
conditions.
Other matters
12. I have had regard to the previous planning permission for the appeal scheme
and the appellant’s comments regarding fairness should the proposal be
dismissed now. However, I do not know the circumstances before the Council
at that time when it made its previous decision, such as whether the dormer
was present in the roof of No 38A and I have found the proposal on the balance
of evidence before me, to be unacceptable in regards to the living conditions of
neighbours. The comments made regarding the Council’s handling of the
planning application are matters for local government accountability.
Conclusion
13. For the reasons given above and having considered all matters raised, I
conclude that the appeal should be dismissed.
Philip Lewis
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.