Construction of a loft conversion using a rear mansard roof extension with raised ridge, plus three roof lights to the front slope, to provide additional residential accommodation
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Character & Appearance
Extensions
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 August 2017
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 13 September 2017
Appeal Ref: APP/A5840/D/17/3177549
18 Ryedale, East Dulwich, London SE22 0QW
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 Olivia Wallace against the decision of the Council of the
London Borough of Southwark.
The application, Ref. 17/AP/0716, dated 23 February 2017, was refused by notice dated
21 April 2017.
The development proposed is the construction of a loft conversion using a rear mansard
roof extension with raised ridge, plus three roof lights to the front slope, to provide
additional residential accommodation.
Decision
1. The appeal is allowed and planning permission is granted for the construction of
a loft conversion using a rear mansard roof extension with raised ridge, plus
three roof lights to the front slope, to provide additional residential
accommodation at 18 Ryedale, East Dulwich, London SE22 in accordance with
the terms of the application, Ref. 17/AP/0716, dated 23 February 2017, subject
to the following conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision;
2) The development shall be carried out in accordance with the following
approved plans: Drawing Nos. 2016/440/01-09 inclusive;
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.
Application for costs
2. An application for costs was made by Mrs Olivia Wallace against the Council of
the London Borough of Southwark. This application is the subject of a separate
Decision.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the existing house and the surrounding area.
Appeal Decision APP/A5840/D/17/3177549
2
Reasons
4. I saw on my visit that the appeal dwelling at No. 18 marks a change in the
street scene on the north western side of Ryedale between the 20th century
terrace of Nos. 6-14 (for no discernible reason it is No. 14 that adjoins No. 18)
and the Victorian or Edwardian terrace of Nos. 18-28 (from No. 30 onwards
there is a further change to higher roof ridges and steeper pitches).
5. In views along this side of Ryedale there is a marked difference in appearance
between Nos. 6-14 on the one hand and Nos. 18-28 on the other. Quite apart
from the significant increase in roof height between No. 14 and No. 18, each of
the terraces has considerable uniformity of appearance and a high degree of
symmetry between its respective dwellings. However, it is the terrace of Nos.
18-28 that in my view makes the more positive contribution to the street scene,
with its more traditional design of bay windows, recessed porches and
architectural detailing that draws together Nos. 18 & 20, 22 & 24 and 26 & 28
as matching pairs within the terrace.
6. Given these factors, I can understand the Council’s concern that the change to
a ridge line that is currently flush with No. 20 would be visually disruptive, as at
present the differences between ridge line heights within the terrace is only
there to accommodate the change in ground levels caused by the gradient along
the road. As the officer’s report explains, ‘the different ridge lines maintain a
uniform appearance along the road due to the even pairing of properties before
a change in heights’.
7. That said, the increase in height in this case would be a modest 40cm, which
with the shallow roof pitches would not be particularly easy to see from street
level, all the more so because the eye would be drawn much more to the
aforementioned significant change in height between Nos. 14 and 18; the
contrasting designs of those terraces, and the strong elements of symmetry and
rhythm of the front elevations of the terrace of No. 18-28. Furthermore, the
inevitable absence of any perspective in the two dimensional front view of the
higher roof on Drawing No. 2016/440/07 makes the visual impact in respect of
the both relationship with No. 20 and the two chimney stacks appear greater
than would be perceived by any passer by, especially taking into account the
parapet wall that restricts the angled view.
8. The Council argues that the proposal will significantly alter the appearance of
the existing dwelling and unacceptably effect on the visual amenity and
character of the surrounding area. However given the variety within the
existing Ryedale street scene I consider this is an unduly pessimistic
assessment of the appeal scheme, whilst I must also take into account the
improved and enlarged accommodation being a positive factor in the overall
sustainability of the proposal.
9. As I have explained in paragraph 6 above, I have some sympathy with the
Council’s view. However, in a case where the merits and drawbacks of the
proposal are finely balanced, I consider the fact that Ryedale does not form part
of a conservation area to be an important consideration. Had this been the
case, I may well have taken a different view.
10. Overall and on balance, I conclude that the proposal would not have an adverse
effect on the character and appearance of the existing house and the
Appeal Decision APP/A5840/D/17/3177549
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surrounding area in harmful conflict with Policies 3.12 & 3.13 of the Southwark
Plan 2007, the Council’s Residential Design Standards SPD 2011 (updated in
2015) and Section 7; ‘Requiring Good Design’ of the National Planning Policy
Framework 2012.
11. I shall therefore allow the appeal and in so doing impose a condition requiring
the development to be carried out in accordance with the approved plans in the
interests of certainty. A condition requiring the external materials to match
those of the dwelling (other than as indicated on the submitted plans) will
maintain visual amenity.
Martin Andrews
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 30 August 2017
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 13 September 2017
Costs application in relation to Appeal Ref: APP/A5840/D/17/3177549
18 Ryedale, East Dulwich, London SE22 0QW
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 Mrs Olivia Wallace for a full award of costs against the
Council of the London Borough of Southwark.
The appeal was against the refusal of planning permission for the construction of a loft
conversion using a rear mansard roof extension with raised ridge, plus three roof lights
to the front slope, to provide additional residential accommodation
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance 2014 advises that costs may 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. The applicant refers to examples of unreasonable behaviour by a Local Planning
Authority cited in the National Planning Practice Guidance 2014: ID: 16-049-
20140306 that are considered to apply to the appeal application, namely
preventing or delaying development which should clearly be permitted; vague,
generalised or inaccurate assertions …….., and not determining similar cases in
a consistent manner. In addition it is considered the Council has acted
contrary to or not followed well-established case law.
4. However, I have made clear in the reasons for my Decision that in my view the
pros and cons of the appeal scheme are finely balanced. I do not consider the
Council’s arguments to be fundamentally flawed, rather that it has taken a
somewhat too prescriptive and negative view of the visual impact of the
proposal on the existing dwelling and its surroundings.
5. Accordingly, my decision in the appellant’s favour is a matter of planning
judgement as to this impact, whilst in the matter of consistency the applicant
recognises that no two cases are exactly the same. In this instance the issue
centres on quite detailed aspects of the scheme in relation to its context and in
my view is not directly comparable to other cases.
6. I have therefore given relatively little weight to the other developments
referred to in the appellant’s evidence, especially as I had in any event
concluded that on its individual merits the appeal should succeed. Finally, as a
Costs Decision: APP/A5840/D/17/3177549
2
barrister the appellant’s agent will be aware firstly that the other appeals and
decisions referred to are not in fact ‘well-established case law’ but material
considerations and secondly the implications of that distinction.
7. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the Planning Practice Guidance, has not been
demonstrated
Martin Andrews
INSPECTOR
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