Three metre ground floor rear extension

Appeal Decision Site visit made on 8 November 2017 by Elizabeth Pleasant DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 17th November 2017. Appeal Ref: APP/N5090/D/17/3180257 939 High Road, North Finchley, London N12 8QR  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 Chris Li against the decision of the Council of the London Borough of Barnet.  The application Ref 17/0947/HSE, dated 13 February 2017, was refused by a notice dated 26 June 2017.  The development proposed is a three metre ground floor rear extension. Decision 1. The appeal is allowed and planning permission is granted for a three metre ground floor rear extension at 939 High Road, North Finchley, London N12 8QR in accordance with the terms of the application, Ref 17/0947/HSE, dated 13 February 2017, 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: Site Location Plan, Scale 1:500; Existing and Proposed Plans, Ref 939IS-PP-01 Rev A. 3) The materials to be used in the external surfaces of the extension hereby permitted shall match those used on the existing building. Main Issue 2. The main issue in this case is the effect on the living conditions of neighbouring residents, with particular regard to visual amenity and outlook. Reasons 3. The appeal property is situated at the end of a short terrace of three three- storey dwellings which are located at the rear of High Road and Highwood Avenue. They form part of a much larger new gated residential community known as Imperial Square. 4. The proposed extension is modest in size and scale. It would be single storey in height and project three metres from the property’s existing rear elevation. It would be constructed with matching brickwork and tiles, and its fenestration and crown roof would be reflective of the design of the host property whilst Appeal Decision APP/N5090/D/17/3180257 2 also being subservient to it. Consequently, the proposed extension would not have a harmful effect on the character or appearance of either the host property or the visual qualities of the surrounding residential area. 5. The appeal property has a level rear garden flanked by fencing. Along the site’s common rear boundary with Highwood Avenue there is a wall of approximately 1.8m in height topped by a further metre of planted trellis. Although the proposal would marginally reduce the depth of the host property’s rear garden, a distance of 23metres would be retained between the proposed extension and the facing rear elevations of neighbouring properties on Highwood Avenue. The common boundary treatment that exists between the appeal site and properties on Highwood Avenue would prevent any direct inter- visibility between the ground floor windows and garden areas of those neighbouring properties. Although the upper floors of the houses on Highwood Avenue would be visible from within the extension, the distance between those facing windows would be so great that there would be no loss of privacy to existing occupants. Furthermore, there is sufficient distance between the extension and neighbouring occupants to ensure that the proposed extension and its occupants would not result in any noise or disturbance to the neighbourhood. 6. I recognise that permitted development rights for the extension or improvement of a dwellinghouse have been removed from the Imperial Square Development. However, the removal of those rights does not prevent future development, provided that development is in accordance with the development plan, or unless material considerations dictate otherwise. Whilst there may be legal covenants relating to the appeal site, their existence is not a matter for my consideration in the determination of this appeal. 7. I have taken into consideration all the representations made by neighbouring residents, including exerts from the Boyer Report. I also understand that the original planned development of Imperial Square was designed to protect the amenities of neighbouring residents. However, it was clear from my visit to the site that the proposed development by reason of its siting, size and design would not adversely affect the visual amenity or outlook of neighbouring residents. Although the distance between the proposed extension and the neighbour’s garden on Highwood Avenue would be slightly less than the 10.5m recommended in Barnet’s Supplementary Planning Document, Residential Design Guidance, 2016 (SPD), I am satisfied that there would be sufficient distance between the neighbouring developments to ensure that there would be no loss of privacy, outlook or any material increase in noise and disturbance to the occupiers of Highwood Avenue, as a result of the development proposed. 8. I recognise that third parties are concerned that acceptance of this development may result in further applications for alterations and extensions to Imperial Square coming forward in the future. However, each application must be considered on its merits, and it is on that basis that I have made my decision. 9. I conclude that the appeal proposal would not have harmful effect on the living conditions of neighbouring residents, with particular regard to visual amenity or outlook. It would not conflict with the overall design and amenity aims of Policy DM01 of Barnet’s Local Plan Development Management Policies, adopted Appeal Decision APP/N5090/D/17/3180257 3 2012, or the SPD which seeks to protect the character and amenity of Barnet and its existing and future residents. Conclusion 10. For the reasons given above and taking into account all other matters raised, I conclude that subject to conditions necessary to provide certainty and to safeguard the character and appearance of the area, the appeal should be allowed. Elizabeth Pleasant INSPECTOR