First floor side and rear extension and porch extension (part retrospective)
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 April 2017
by Jonathan Manning BSc (Hons) MA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24 April 2017
Appeal Ref: APP/A5270/D/17/3169270
6 Thurston Road, Southall, UB1 2SJ
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 Imdad Tahir against the decision of the Council of the London
Borough of Ealing.
The application Ref P/2014/2408, dated 14 May 2014, was refused by notice dated
22 November 2016.
The development proposed is first floor side and rear extension and porch extension
(part retrospective).
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The development description on the application form and the decision notice
differ. I consider that the description set out on the latter most accurately
reflects the proposal. I have therefore used this in the above banner.
3. I understand that a scheme involving a first floor side and rear extension was
permitted by the Council in 2009. However, it appears that what has been
built and is currently present at the appeal site does not accord with that
permission. There have been two previous appeals relating to the appeal site1,
which were both refused. The previous appeal proposals are both very similar
to this scheme and are material considerations that I afford significant weight.
Main Issue
4. The main issue of the appeal is the effect of the proposal on the character and
appearance of the hosting dwelling and the area.
Reasons
5. The appeal site is located on Thurston Road and is sited on the corner where it
meets Durdans Road. The appeal site accommodates a two storey property
that has been extended to the side and rear, which has provided a self-
contained annex, with its own front door, although I observed on my visit that
internal access can be gained into the annex from the host dwelling. The
immediate surrounding area is largely residential and is largely characterised
by two-storey terraced properties.
1 APP/A5270/D/12/2184744, dated 18 December 2012 and APP/A5270/A/13/2203519, dated 31 March 2014.
Appeal Decision APP/A5270/D/17/3169270
2
6. The proposal seeks to retain the first floor side and rear extensions with
modifications to its existing appearance. The side extension immediately
adjacent to the host dwelling appears as a logical linear extension that mirrors
that which exists at the opposite end of the terrace, when viewed from the
front of the property. However to the rear, the extension has a very
awkwardly angled infill side elevation and overall appears as an overly bulky
addition, which does not sit well against the host dwelling’s built form and
character. Despite the views of the appellant, I observed that the angled infill
side elevation and the overall bulk of the rear extension is highly visible from
the street scene, namely from Durdans Road.
7. I acknowledge that the existing flat roof of the extension would be replaced
with a dummy pitched roof, which has been raised in height from that proposed
in the previous appeal scheme2 and would sit below the ridge of the original
roof. Whilst I accept this would improve the current appearance of the flat
roof, it does not overcome my concerns with regard to the contrived and
awkwardly angled infill side elevation or the overall bulk of the rear extension,
which would remain. The Inspectors of both the previous appeals raised
significant concerns about the awkwardly angled infill side elevation. I consider
that this adds weight to my findings.
8. For the reasons set out above, I consider that the proposal by virtue of its
siting, design and bulk would cause harm to the character and appearance of
the host dwelling and the area. The scheme does not therefore comply with
Policies 1.1 ‘Spatial Vision for Ealing 2026’ and 1.2 ‘Delivery of the Vision for
Ealing 2026’ of the Ealing Development Core Strategy (2012), Policies 7.4
‘Local Character’ and 7B ‘Design Amenity’ of the Ealing Development
Management Development Plan Document (2013) and Policies 7.4 ‘Local
Character’ and 7.6 ‘Architecture’ of the London Plan (2015). I also consider
that the proposal conflicts with Section 7 of the National Planning Policy
Framework that requires good design.
Other matters
9. The appellant has provided undisputed evidence that his disabled son needs
support on a daily basis. I understand that the appellant’s son and family live
at the appeal site to benefit from family support. Whilst this position is noted,
I consider that there is no compelling evidence before me to suggest that the
needs of the appellant’s son and family could not be met by other solutions. As
a result, I am not of the view that this matter outweighs the identified harm
and the associated development plan conflict.
10. The appellant has referred to another appeal decision3. However, it is unclear
to me from the appellant’s evidence how the proposal in that case is
comparable or indeed relevant to this scheme. Particularly, as the other appeal
scheme is located in Southend-on-Sea, Essex and would no doubt have had a
different context in terms of the character and appearance of the host dwelling
and the area. I therefore afford it little to no weight.
11. Interested parties have raised several other concerns. However, I am
dismissing the appeal on other grounds and therefore such matters do not
2 APP/A5270/A/13/2203519, dated 31 March 2014.
3 APP/D1590/D/15/3003680, dated 23 April 2015.
Appeal Decision APP/A5270/D/17/3169270
3
affect my overall conclusion. Consequently, such other matters have not had a
significant bearing on my decision.
Conclusion
12. For the reasons set out above and having regard to all other matters raised,
the proposal conflicts with the development plan when taken as a whole and
there are no material considerations that individually or in combination
outweigh this conflict. The appeal is therefore dismissed.
Jonathan Manning
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.