Erection of a double storey side and single storey rear (3m) extension including removal of existing chimney. Single storey rear extension to have tiled pitched roof
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Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 27 June 2017
by Caroline Jones BA (Hons) DipTP MTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 13th July 2017
Appeal Ref: APP/N5660/D/17/3172669
2 Bodiam Road, London SW16 5DZ
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 Mrs Sophie Khan against the decision of the Council of the
London Borough of Lambeth.
The application Ref 16/06014/FUL, dated 19 October 2016, was refused by notice dated
9 February 2017.
The development proposed is erection of a double storey side and single storey rear
(3m) extension including removal of existing chimney. Single storey rear extension to
have tiled pitched roof.
Decision
1. The appeal is allowed and planning permission is granted for erection of a
double storey side and single storey rear (3m) extension including removal of
existing chimney. Single storey rear extension to have tiled pitched roof at
2 Bodiam Road, London SW16 5DZ in accordance with the terms of the
application, Ref 16/06014/FUL, dated 19 October 2016, subject to the
following conditions:
1) The development hereby permitted shall begin not 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: existing and proposed plot layout P-04
Rev E (05-02-17), existing and proposed layouts P-03 Rev E (05-02-17),
existing and proposed elevations P-02 Rev E (05-02-17), existing and
proposed elevations P-01 Rev E (05-02-17) and OS map (unnumbered).
3) The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match those used in the existing
building.
Procedural Matter
2. The submitted plans were amended during the course of the application setting
down and setting back the two storey side extension and reducing the pitch of
the single storey rear extension. I have therefore considered the appeal on the
basis of the amended plans against which the Council determined the
application.
Appeal Decision APP/N5660/D/17/3172669
2
Main Issue
3. The main issue is the effect of the proposal on the living conditions of the
occupiers of neighbouring property.
Reasons
4. The appeal property is a two storey end of terrace dwelling located within a
residential area comprising dwellings of a similar character with a variety of
alterations and extensions.
5. The Council does not have any concerns in relation to the design of the
proposal or the impact of the two storey side extension on the amenity of
neighbouring residents. From the information before me and my observations
on site I have no reason to conclude otherwise.
6. The proposed single storey rear extension would occupy the full width of the
property, abutting the common boundary and projecting approximately 3
metres. The neighbouring property, 4 Bodiam Road, has a small rear opening
to what appeared to be a kitchen, set in from the common boundary allowing a
small separation distance. Although the Council assert that the ’45 degree rule’
is failed on both plan and elevation in relation to the glazed opening within the
neighbouring residential property, I am unable to ascertain from the
information before me whether this is the case or not. Nonetheless, I consider
that the proposed single storey extension would be sufficiently separated from
this opening and of a depth and height that would not be overbearing in
relation to the neighbouring property. For these reasons and by virtue of the
orientation of the appeal property relative to No 4, the proposal would not have
an unduly harmful impact on levels of daylight or sunlight.
7. I therefore conclude that the proposal would not cause unacceptable harm to
the living conditions of the occupants of the neighbouring property and would
not conflict with Policy Q2 of the Lambeth Local Plan (2015) which seeks,
amongst other things, to ensure that development preserves the visual
amenity from adjoining sites, provides adequate outlook and does not have
unacceptable impacts on levels of daylight or sunlight.
Conclusion
8. For the reasons given above and taking into account all other matters raised, I
conclude that the appeal should be allowed.
Caroline Jones
INSPECTOR
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