Rear extension
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Residential Amenity
Heritage & Conservation
Open Space
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 February 2017
by Michael Moffoot DipTP MRTPI DipMgt MCMI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 16th February 2017
Appeal Ref: APP/M9496/D/16/3163612
2 The Square, Monyash DE45 1JH
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 Miss M Heathcote against the decision of the Peak District
National Park Authority.
The application Ref: NP/DDD/0816/0797, dated 19 April 2016, was refused by notice
dated 29 September 2016.
The development proposed is a rear extension.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this case are:
(i) whether the proposed development would preserve or enhance the
character or appearance of the Monyash Conservation Area; and
(ii) the effect of the proposal on the living conditions of the occupiers of
adjoining properties, with particular reference to privacy and daylight and
sunlight.
Reasons
Effect on the Conservation Area
3. The Square forms part of the extensive Conservation Area, which has a
spacious character provided by open green areas and gaps between buildings
that afford views of the distinctive medieval strip fields and open countryside
beyond the built-up limits of the village. The majority of buildings within the
vicinity of the appeal site are of local limestone construction and relatively
small-scale, two-storey structures of simple vernacular form and robust
appearance. Contrast is provided by the imposing Bull’s Head public house
which dominates The Square and forms a focal point. Its setting and presence
is augmented by the triangular village green, the village cross and mature
trees.
4. Within this context the appeal property sits quietly behind Rock House and,
together with the attached dwelling at No 8 and a pair of converted barns,
forms part of a cluster of buildings that makes a positive contribution to the
character to this part of the Conservation Area. The subject dwelling is finished
Appeal Decision APP/M9496/D/16/3163612
2
in render under a slate roof and has a flat-roofed, two-storey extension to the
rear which forms part of a larger extension shared with Rock House.
5. The Authority’s Supplementary Planning Document: The Peak District National
Park Authority Design Guide (2007) states that extensions should respect the
dominance of the original building and be subordinate in size and massing. In
this case the proposed extension, in conjunction with the previous extension,
would fail to meet this criterion, resulting in a significantly enlarged dwelling
and loss of the original building’s role as the principal structure. Furthermore,
the extension would be set back from the rear elevation of No 8, giving it a
staggered plan form to culminate in an ungainly and contrived addition which
would fail to respect the form and character of the host building.
6. Accordingly, the proposal would fail to preserve or enhance the character and
appearance of the Conservation Area. It would therefore conflict with Policies
LC4, LC5 and LH4 of the Local Plan1 which, amongst other matters, seek to
ensure that proposals for extensions and alterations to dwellings are
compatible with the character of the surrounding area and preserve or enhance
heritage assets and valued characteristics of the area. The development would
also fail to comply with those parts of Policies GSP1, GSP2, GSP3 and L3 of the
Core Strategy2 which seek to secure sustainable development and good quality
design within conservation areas to meet the aims and objectives of the
National Park and respect, conserve and enhance its valued characteristics.
These Policies are broadly consistent with guidance found in the National
Planning Policy Framework (‘the Framework’).
7. The proposal would lead to less than substantial harm to the significance of the
designated heritage asset as described in paragraph 134 of the Framework.
However, this harm is not outweighed by the public benefits of the scheme
comprising additional accommodation which would improve the housing stock.
Effect on neighbours’ living conditions
8. The proposal includes two first floor bedroom windows on the rear elevation
which would overlook the private garden area to Rock House and its associated
holiday cottage. At such close quarters, the privacy of those using this space
would be severely compromised. Moreover, the first floor bedroom window in
the gable end of the extension would overlook part of the garden to No 8 and
diminish the occupiers’ privacy to an unacceptable degree. Whilst the ground
floor openings to the dining room would also overlook these garden areas
screen fencing could safeguard the neighbours’ privacy.
9. The provision of obscure glazing to these openings volunteered by the appellant
may address these privacy concerns when the windows are closed. However, it
would be unreasonable to require such glazing in these habitable rooms as they
would result in an oppressive living environment for the occupiers.
10. The oblique relationship of the extension to a first floor window in the rear of
No 8 would result in some loss of daylight and sunlight to the room. Whilst this
would not in itself warrant dismissal of the appeal, it adds weight to my
concerns regarding the adverse impact of the proposal on the neighbours’
living conditions.
1 Peak District National Park Local Plan (2001)
2 Peak District National Park Local Development Framework: Core Strategy Development Plan Document (2011)
Appeal Decision APP/M9496/D/16/3163612
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11. For these reasons, I conclude that the proposed development would materially
harm the living conditions of the occupiers of adjoining properties. As such, it
would conflict with Policies LC4 and LH4 of the Local Plan and Policies GSP3 of
the Core Strategy which seek, amongst other things, to safeguard residential
amenity.
Other Matters
12. The proposal would not place undue demand upon on-street parking in the
vicinity of the site nor would deliveries during the construction period
materially compromise highway safety. Other submissions concern matters
unrelated to the planning merits of the appeal and do not affect my judgement
of the issues that I consider relevant to the proposal.
Conclusion
13. For the reasons set out above, I conclude that the proposal is unacceptable and
the appeal should fail.
Michael Moffoot
Inspector
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