First floor extension over garage
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Inspector’s Reasoning
www.planningportal.gov.uk/planninginspectorate
Appeal Decision
Site visit made on 7 February 2017
by Mike Fox BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 17 February 2017.
Appeal Ref: APP/G1250/D/16/3164806
54 Queens Park West Drive, Bournemouth, BH8 9DD
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 M Simpkins against the decision of Bournemouth
Borough Council.
The application Ref 7-2016-7520-O, dated 24 March 2016, was refused by notice dated
14 October 2016.
The development proposed is first floor extension over garage.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Mr and Mrs M Simpkins against
Bournemouth Borough Council. This application is the subject of a separate
Decision.
Procedural matter
3. The Appellant has requested an Inspector’s view in relation to an earlier set of
proposed floor plans and elevations. However, I am limited in my remit to
addressing the appeal proposal before me.
Main Issues
4. The main issues are the effect of the proposal on the character and appearance
of the area; and on the living conditions of neighbouring occupiers.
Reasons
5. The appeal property is a detached chalet bungalow located on the western side
of Queens Park West Drive. It is set in a sizeable, well landscaped plot, within
an area comprising similar properties, some of which are two storeys. There is
a long woodland frontage on the opposite side of Queens Park West Drive
which faces the appeal property. The openness around the detached
residential properties and the presence of many mature trees alongside the
road are key elements in the area’s attractive character and appearance. Its
open character is strongly reinforced by the generous spacing between the
dwellings, especially at first floor level. The gap between the appeal property
and the next door dwelling at no.52, to the south, is approximately 5m, which
is typical of the separation distances in the area.
Appeal Decision APP/G1250/D/16/3164806
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Character and appearance
6. The Appellants maintain that the scale of the proposed extension would be
significantly less than the overall cubic content of the existing chalet bungalow
and thus would constitute an acceptable, proportionate extension without
adding excessive bulk.
7. Whilst I do not disagree with the Appellants regarding the overall scale of the
proposed first floor extension, it would significantly alter the shape and profile
of the host property in its principal elevation facing the public realm. In
particular, the extension would not appear subservient to the host property,
both in its roof height, which would equal that of the existing building, and in
its lack of any setback from the host dwelling, as it extends the garage - and
thereby the extension – level with the existing building line. The front of the
extension would appear bulky in relation to the host dwelling. I therefore
disagree with the Appellants’ view that the proposal would appear subservient
to the host building.
8. These aspects of the proposal are contrary to the Council’s Design Guide1,
which stresses that “it is necessary to set the roof ridge of any extension down
from the ridge of the existing building and where new walls meet the existing
walls, a setback should be introduced”. The Guide also states that side
extensions should allow at least 1m off the side boundary of the property in
order to keep the openness of the streetscene.
9. On the basis of these considerations, I conclude on the first main issue that the
proposed development would fail to respect the integrity of the existing
building; that it would erode part of the existing gap between the appeal
property and no. 52, resulting in loss of openness; and that it would be alien to
the character and appearance of the streetscene. As such the proposal would
be contrary to section 7 of the Framework2 which promotes good design and
policy CS41 of the Bournemouth Core Strategy, which seeks to ensure that all
development and spaces are well designed and of a high quality. Paragraph
4.6.16 of the explanatory text links this policy to the Council’s Design Guide,
stating that it acts:”as best practice guidance and (to) assist in interpreting
local and national policies”.
Living conditions
10. The outlook experienced by the occupiers of the detached house immediately
to the south, at no.52, is already affected by being set back by almost 5m from
the building line of the appeal property. The extension would increase the
height of the appeal dwelling, at close quarters to no.52, to a height of about
7.2m. I consider that this combination of added height and proximity would be
overbearing on the outlook from the habitable windows in the flank wall facing
the appeal property. I note the Appellants’ comment that there is no right to a
view, but outlook is a material planning consideration, and for the reasons
stated I consider that the outlook currently experienced by the occupiers of no.
52 would be harmed by the proposal.
11. The impact of the extension would be significantly less in relation to the next
door property at no. 56 to the north. The occupiers of this dwelling would be
1 Bournemouth Borough Council: Residential Extensions Design Guide for Householders Planning Guidance Note;
September 2008.
2 DCLG: National Planning Policy Framework (the Framework); March 2012.
Appeal Decision APP/G1250/D/16/3164806
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shielded from any loss of outlook from the proposed extension by the existing
building. I therefore consider that the living conditions of these occupiers
would not be adversely affected by the proposed development.
12. Taking the above considerations into account, I conclude on the second main
issue that the proposed development would harm the living conditions of the
occupiers of no. 52, regarding to outlook. This would be contrary to core
principle 17 [4] of the Framework, which requires that planning should always
seek to secure a good standard of amenity (living conditions) for all existing
and future occupants of land or buildings. It would also be contrary to policy
CS41 and the aims of the Council’s Design Guide.
Conclusion
13. I find that the proposed development would harm the character and
appearance of the appeal property and the streetscene. I also find that the
proposal would harm the living conditions of the neighbouring occupiers at no.
52, in relation to outlook. As such the proposal would be contrary to national
and local policy. For the reasons given and having regard to all other matters
raised, I conclude that the appeal should fail.
Mike Fox
INSPECTOR
£
Costs decision section
www.planningportal.gov.uk/planninginspectorate
Costs Decision
Site visit made on 7 February 2017
by Mike Fox BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 17 February 2017.
Costs application in relation to Appeal Ref: APP/G1250/D/16/3164806
54 Queens Park West Drive, Bournemouth, BH8 9DD
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 M Simpkins for a full award of costs against
Bournemouth Borough Council.
The appeal was against the refusal of planning permission for first floor extension over
garage.
Decision
1. The application for an award of costs is refused.
The submission for Mr and Mrs M Simpkins
2. The submission does not make specific reference to the paragraphs in the
Government’s Planning Practice Guidance (PPG) other than to refer to the
procedural elements as set out in paragraph 035 and the ability of Inspectors
to make awards of costs where they have found unreasonable behaviour as set
out in paragraph 036. The Appellants’ grounds are ‘substantive’ as opposed to
‘procedural’, as explained in paragraph 031 of the PPG.
3. The Appellants’ main grounds for costs are that (i) the reason for refusal fails
to specify the actual alleged harm of the proposed development on the
character and appearance of the area or to neighbouring amenities (living
conditions); (ii) the local planning authority has failed to take into account the
prevailing pattern of development; and (iii) the local planning authority has
based its refusal on the generic principles of its Design Guide, which as
supplementary planning guidance predates the Framework and is inconsistent
with it and therefore should be afforded little weight. Paragraphs 59 and 60 of
the Framework are referred to, which state that design policies should avoid
unnecessary prescription or detail and should not attempt to impose
architectural styles.
The response by Bournemouth Borough Council
4. In terms of procedure, the Council contacted the Appellants’ agent several
times to request additional information to enable the Council to assess the
proposal. The Council’s concerns were made clear to the Appellants at this
time, together with the Council agreeing to extend the determination period to
enable the Appellants to submit amendments to the proposal.
5. In response to grounds (i) and (ii), the reasons for refusal were detailed within
the decision notice and further explained within the Council’s officer report; in
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response to ground (iii), the Design Guide was formally adopted in September
2008, following a period of public consultation. The design principles set out
in the Guide remain relevant to the appeal and accord with the design
principles within the Framework. In particular, the Council aims to secure high
quality design, in accordance with paragraph 58 of the Framework.
Reasons
6. Paragraph 030 of the PPG advises that costs may be awarded against a party
who has behaved unreasonably, thereby causing the party applying for the
costs to incur unnecessary or wasted expense in the appeal process.
7. Regarding grounds (i) and (ii), the Council clearly articulates its reasons for
refusal in its Decision Notice. Its officer report explains the reasons why it
considers that the design is unacceptable and why the scheme would impact on
the living conditions of the next door occupiers at no. 52. Part of this report (in
particular paragraph 7) considers the proposal within the context of the
prevailing pattern of development, including the use of the term ‘pattern of
development’. As such, I conclude, in relation to the first two grounds, that the
Council’s reasoning is clear and is sufficiently detailed within its report to justify
its reasons for refusal. Therefore I find no grounds for costs here.
8. Turning to ground (iii) concerning the Council’s reliance on the Design Guide, I
consider that firstly, the use of design guides, or design codes is supported in
paragraph 59 of the Framework. Whilst I accept that such guidance should not
be unnecessarily prescriptive, the paragraph invites local planning authorities
to issue guidance in relation to: “overall scale, density, massing, height,
landscape, layout, materials and access of new development in relation to
neighbouring buildings and the area more generally”. In my judgment, the
Council’s Guide addresses the relevant criteria in the above list, without going
into unnecessary detail.
9. In response to the Appellants’ contention that the Guide should have very
limited weight due to its age, paragraph 211 of the Framework states that age
of itself is not critical to whether plans should be considered out of date, whilst
paragraph 215 states that due weight should be given to policies in existing
plans, according to their degree of consistency with the Framework. Two other
factors are relevant here. Firstly, the Guide was subject to public consultation,
which accords with good practice, and secondly, the Council’s Core Strategy,
which was adopted after the Framework, contains a design policy, CS41, which
makes clear in its explanatory text that this policy is linked closely to the
Design Guide (paragraph 4.6.16) and reinforces the relevance of the Guide in
addressing design issues at a more detailed level than would be appropriate for
inclusion in a Core Strategy.
10. Taking all of the above considerations into account, I conclude in relation to the
third cost ground that the Council’s Design Guide should be afforded
substantial weight, and I therefore find no grounds for costs here.
11. I therefore find that unreasonable behaviour or wasted expense, as described
in the PPG, has not been established. On this basis, I conclude that an award
of costs is not justified.
Mike Fox INSPECTOR
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