Single and two storey side to rear extension; single storey rear extension; roof extensions including rear dormer; installation of two rooflights in front roofslope

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Appeal Decision Site visit made on 8 May 2017 by Nicola Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 23 May 2017 Appeal Ref: APP/M5450/D/17/3172869 61 Orchard Grove, Harrow HA3 9QR  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 Bharat Kerai against the decision of the Council of the London Borough of Harrow.  The application Ref P/0076/17, dated 27 January 2017, was refused by notice dated 24 March 2017.  The development proposed is single and two storey side to rear extension; single storey rear extension; roof extensions including rear dormer; installation of two rooflights in front roofslope. Decision 1. The appeal is allowed and planning permission is granted for a single and two storey side to rear extension; single storey rear extension; roof extensions including rear dormer; installation of two rooflights in front roofslope at 61 Orchard Grove, Harrow HA3 9QR in accordance with the terms of the application, Ref P/0076/17, dated 27 January 2017, and the plans numbered 160302-00, 160302-06-PO and 160302-08-PO, subject to the following condition: - 1) The development hereby permitted shall be carried out in accordance with the approved plans 160302-00, 160302-06-PO Site Plan as Proposed and 160302-08-PO. Application for costs 2. An application for costs was made by Mr Bharat Kerai against the Council of the London Borough of Harrow. That application is the subject of a separate Decision. Preliminary Matters 3. The description of development provided on the planning application form has been replaced in the Council’s decision notice. From the details submitted, I am satisfied that this description is more precise and I have used it here. 4. Extensions and alterations to the dwelling have taken place. I was able to view these at the time of my visit. However, I observed that the dormer roof extension to one side is constructed to a different design and form to that illustrated on proposed drawing number 160302-08-PO. The Council’s decision notice refers to drawing numbers 160302-00, 160302-06-PO, 160302-07-PO Appeal Decision APP/M5450/D/17/3172869 2 and 160302-08-PO and these are the plans and proposal that are before me, although I note that drawing number 160302-07-PO relates to a previously refused planning application (Council reference P/4954/16) and I have treated this plan as background information only. Consequently I cannot entertain the variation to the dormer roof that has taken place through this appeal. This matter, therefore, should be taken up by the applicant and the Council away from this appeal. I shall therefore deal with the issues of the case that are before me. 5. The Council’s decision notice, although stating the application is refused did not set out any specific reasons for refusal upon the notice. Nonetheless, the Council’s decision has been supported by a delegated report compiled to inform the Council’s decision. The Council has submitted the delegated application report in support of this appeal which sets out the Council’s intended reason for refusal. The appellant’s Planning Appeal Statement confirms that the appellant has used the delegated application report to ascertain the reasons for the Council’s decision. I am satisfied that the appellant’s Planning Appeal Statement is consistent in that it deals with those matters that are of concern to the Council. Main Issue 6. Bearing the above in mind, the main issue raised in respect of the appeal is the effect of the proposed development on the character and appearance of the host property and the area. Reasons 7. The area is characterised by two-storey semi-detached and terraced properties with long rear gardens and garages or outbuildings at the end of the gardens. The appeal property is an end of terrace dwelling. There is a large garage in the rear garden that is larger than other garages or outbuildings within the area. 8. The Council’s Supplementary Planning Document (SPD) Residential Design Guide advises that “roof alterations and dormer windows should complement original street character and not dominate buildings or impair their proportions or character”. 9. I observed that there are different roof styles in Orchard Grove. Some end terrace and semi-detached properties have created accommodation with the roof space and have changed the hipped roof to a gable. 10. The alterations to the roof of the appeal property has created a hip of slightly steeper pitch to that of the original hip. This, in my opinion, is a marginal change in the pitch of the side roofslope and is not appreciably different to that of the original hipped pitch or that of other hipped roofed properties within the area. This is not a significant change to the appearance of the dwelling and is not particularly noticeable in the overall streetscene and nor is the change to the original roof as significant a change as has taken place elsewhere along Orchard Grove. 11. The steeper pitch of the side roofslope has facilitated a wider rear roof dormer than would have been possible if the roof had retained its original side hip. The Council’s SPD advises that dormers should be subordinate features in the roof, should not overlap or wrap around the roof hips, and should never rise Appeal Decision APP/M5450/D/17/3172869 3 above the ridge. The dormer is constructed up to the ridge and is set off the common boundary with the adjoining property. It is also set off the eaves of the host dwelling and is shown on the plans to be set off the two storey rear extension. Whilst the dormer alters the appearance of the rear roof slope, I do not consider that it is unduly prominent within the roofslope or is a disproportionate addition to the dwelling. 12. Furthermore, I observed a large flat roof rear dormer further along Orchard Grove. In view of this I do not consider the dormer would be out of context with other such development that has taken place in the area. 13. The Council is also concerned that limited rear garden space is retained following the erection of rear extensions given the proximity of the existing garage to these. I observed that the garden has been laid as patio. Whilst the resulting outdoor space is less than that of other properties in the area, I consider there to be adequate space retained to provide an outdoor living area for the occupiers of this family home for their recreational enjoyment. 14. Taking all relevant considerations into account, including the guidance set out within the SPD, I conclude that the proposed development would not harm the character and appearance of the host property and the area. For the reasons given above, the proposal would not materially conflict with Policies 7.4B and 7.6B of The London Plan, Policy CS1.B of the Harrow Core Strategy and Policy DM1 of the Harrow Development Management Policies Local Plan, which seek all development proposals to achieve a high standard of design and layout and resist development that would be detrimental to local character and appearance, amongst other matters. Conditions 15. I have considered the planning conditions suggested by the Council in light of paragraph 206 of the National Planning Policy Framework and the advice in the Planning Practice Guidance. As the development has already taken place a standard time limit condition is not necessary. I have imposed a condition specifying the relevant drawings as this provides certainty. Conclusions 16. For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be allowed. Nicola Davies INSPECTOR
£ Costs decision section
Costs Decision Site visit made on 8 May 2017 by Nicola Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 23 May 2017 Costs application in relation to Appeal Ref: APP/M5450/D/17/3172869 61 Orchard Grove, Harrow HA3 9QR  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 Bharat Kerai for an award of costs against the Council of the London Borough of Harrow.  The appeal was against the refusal of planning permission for single and two storey side to rear extension; single storey rear extension; roof extensions including rear dormer; installation of two rooflights in front roofslope. Decision 1. The application for an award of costs is refused. Reasons 2. Irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3. Concern has been raised by the appellant with regard to the lack of an officer site visit. The Council confirms that an officer site visit took place as part of the process of considering the planning application. The appellant does not dispute this but considers a further officer site visit was necessary to enable the Council to consider changes made to the roof dormer to address officer concerns in relation to its size. 4. Further to this, the appellant has also implied that he has sought to discuss the issues of contention with the Council to seek to agree minor differences between the approved scheme and that which has been built. 5. These matters pertain to the processing of and the consideration of the planning application by the Council and are therefore matters between the appellant and the Council separate to this appeal. Notwithstanding this, I have no substantive or detailed evidence before me that would indicate that a further site visit or discussions could or would have obviated this appeal. 6. The appellant further contends that had he applied for planning permission for each separate part of the proposed development, permission may have been forthcoming for each element individually. However, this is not what was applied for and therefore this was not before the Council for consideration. Costs Decision APP/M5450/D/17/3172869 2 7. The appellant advocates that the proposed development is only marginally larger than that of a previous planning permission granted by the Council. Furthermore, it is asserted that the rear dormer, as drawing on the submitted plans, or as built on site, would not be contrary to the Council’s policies and/or guidance relating to dormer windows. The appellant acknowledges that the proposed development needs to be considered in regard to its effect on the character and appearance of the area. 8. The Council’s Delegated Application Report evaluates each element of the proposed development and/or how it would relate to the host dwelling, how it would relate to the existing pattern of development and how it would effect upon the character and appearance of the area. There may be similarities between schemes but irrespective of this each proposal should be considered on its own merits as different circumstances will apply. The fact that the Council came to a negative decision is a matter for their discretion. 9. Despite the Council not setting out specific reasons for refusal in the decision notice, I am satisfied that the application was considered on its own merit in light of policy considerations and that the Council has substantiated its refusal within its Delegated Application Report which has been available to the appellant. The fact that I have arrived at a contrary view does not, of its self, show that the Council has behaved unreasonably. 10. The appellant has highlighted delays experienced with respect of the Council’s validation process and that this has caused the applicant unnecessary delay. An award of cost cannot extend to compensation for indirect losses, such as, any delay incurred by the appellant in obtaining planning permission as this does not relate to the appeal process. Matters pertaining to the Council’s validation process therefore should be taken up by the applicant and the Council separate to this appeal. 11. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated. Nicola Davies INSPECTOR
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