Side and rear extensions. Replacement roof structure including rear dormer window to facilitate habitable rooms to roofspace
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 October 2010
by Caroline Mulloy BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 7th November 2017
Appeal Ref: APP/N5090/D/17/3179777
32 Elton Avenue, Barnet EN5 2EA
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 Barry Longman against the decision of the Council of the
London Borough of Barnet.
The application Ref 17/1328/HSE, dated 2 March 2017, was refused by notice dated 9
May 2017.
The development proposed is side and rear extensions. Replacement roof structure
including rear dormer window to facilitate habitable rooms to roofspace.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this case are:
The effect of the proposal on the character and appearance of the area; and
The effect of the proposal on the living conditions of the occupiers of No 34
Elton Avenue with specific reference to outlook.
Reasons
Character and appearance
3. The appeal property is a detached single storey house situated on Elton
Avenue. This part of Elton Avenue is comprised of bungalows set back behind
modest front gardens on a consistent building line. The bungalows have
hipped main roofs and characteristic front projections. Some including the
appeal property have garages to the side. The remainder of properties on the
street are semi-detached with hipped roofs. Overall, the modest front gardens
and separation between the properties at first floor level contributes to the
spacious character of the street.
4. It is proposed to demolish the existing garage structure and extend to the side
and rear at ground floor level joining with the existing rear extension. The
proposal would create accommodation in the roof space resulting in a crown
roof which would extend over the proposed side extension.
5. The ground floor extension would not extend beyond the main front elevation
or extend beyond the existing rear elevation. However, the roof line would be
significantly altered and as a result of the significant additional mass and bulk
Appeal Decision APP/N5090/D/17/3179777
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the proposal would fail to appear subservient to the host property. In addition,
the proposal would compete visually with the front projection which is a
characteristic feature of the property and group of bungalows. Moreover, the
proposed rear dormer would occupy a significant proportion of the rear roof
plane and would not be set up from the eaves. Consequently, the proposal
would harm the character and appearance of the host property and fail to
achieve visual subservience.
6. Furthermore, the extended crown roof would close the characteristic gap
between properties at a first floor level reducing the sense of spaciousness.
The proposal would significantly alter the roof line of the property and
introduce a crown roof which is not a characteristic feature of the area and
would clearly distinguish the appeal property from its neighbours. Overall, I
find that the proposal would be at odds with the group of bungalows and the
spacious character of the area.
7. The appellant states that consideration would be given to reducing the raised
parapet, however, no such plans are before me and in any event this would not
address my concerns regarding the scale and incongruous nature of the
proposal.
8. The appellant suggests that the proposed roof extension is not a huge increase
on what could be achieved by permitted development rights. Nonetheless, the
proposal does require planning permission and I have considered the proposal
on its own merits.
9. I noted that No 30 Elton Avenue had a gabled roof; however, this extension is
contained within the overall footprint of the original property, unlike the appeal
proposal where the roof would extend over the extension. This case is not,
therefore, directly comparable to the appeal proposal which limits the weight
which I can attach to it in my Decision.
10. For the reasons stated, the proposal would harm the character and appearance
of the area. It would, therefore, be contrary to Policies CS1 and CS5 of the
Council’s Core Strategy (Core Strategy) and Policy DM01 of the Development
Management Policies Development Plan Document (DPD) which collectively
seek to ensure that development is of a high quality design which respects the
appearance, scale, mass, height and pattern of surrounding buildings and
respects local context and distinctive character. Conflict also arises with the
Residential Design Guidance Supplementary Planning Guidance (SPD) (2016)
which seeks to ensure that extensions site comfortably with the main building
and neighbouring houses and complement the roof form of the original house
and surrounding houses.
Living Conditions
11. The proposed side extension would be situated in close proximity to the
boundary with No 34 Elton Avenue (No 34) with a gap of only around 1.4m
between the two properties at ground and first floor level.
12. There is currently a semi-enclosed garage structure at ground floor level which
adjoins the two properties; however, there is currently a gap of around 2-3m
at first floor level. There is an existing rear extension to the property which
extends beyond the rear elevation of No 34 although this is set back from the
flank elevation of the host property and the boundary of No 34.
Appeal Decision APP/N5090/D/17/3179777
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13. There is a window in the rear elevation of No 34 which appears to serve a
habitable room from which occupiers currently have an outlook over their
existing garden. Occupiers would also have a view over the boundary fence to
the garden of the host property and the sky above.
14. The proposal would extend around 3.6m past the rear wall of No 34 and
although the rear extension steps down to single storey occupiers would,
nevertheless, be faced with an approximately 4.5m high brick wall at the point
of the rear window to No 34 in close proximity to the boundary. Occupiers
would lose the view over the garden of the appeal property and the view of the
open sky above the fence. The overbearing nature of the proposal would be
accentuated as No 34 sits slightly lower than the appeal property. The
proposal would, therefore, result in a loss of outlook and appear dominant and
imposing to the occupiers of No 34.
15. For the reasons stated, I conclude that the proposal would harm the living
conditions of the occupiers of No 34 in terms of outlook. The proposal would,
therefore, be contrary to Policies CS NPPF, CS1 and CS5 of the Core Strategy,
Policy DM01 of the DPD and the SPD which collectively seek to ensure high
quality design which allows for adequate daylight, sunlight, privacy and outlook
for adjoining and potential occupiers.
Conclusion
16. Although the proposal would have some benefits in terms of providing
additional living space for the occupiers, the totality of the harm which I have
identified would significantly outweigh these benefits.
17. For the reasons stated and taking all other considerations into account, the
appeal should be dismissed.
Caroline Mulloy
Inspector
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