Rear extension on ground and first floor. Removal of front porch
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 October 2017
by Graeme Robbie BA(Hons) BPl MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 10 November 2017
Appeal Ref: APP/G5750/D/17/3180643
7 Dean Street, Forest Gate, London E7 9BJ
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 Oliver English against the decision of the Council of the
London Borough of Newham.
The application Ref 17/01542/HH, dated 7 May 2017, was refused by notice
dated 6 July 2017.
The development proposed is a rear extension on ground and first floor. Removal of
front porch.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are the effect of the proposed development on:
The character and appearance of the host property and the surrounding
area; and
The living conditions of occupiers of neighbouring properties, with particular
regard to outlook and daylight / sunlight.
Reasons
Character and Appearance
3. The appeal property is a mid-terraced dwelling located within a short terraced
block of two storey houses. Other than No. 1, which I saw to be a different,
and slightly larger, house type located at the end of the terrace on the junction
of Dean Street and Odessa Road, the remaining dwellings within the terrace
are broadly similar and relatively simple in their form. All have paired single
storey outriggers at the rear which provide a certain rhythm along the rear of
the terrace, even if that at the appeal property differs from those on the
adjacent properties. The absence of first floor extensions, the distinctive
protruding parapet walls at roof level and the absence of significant
interventions into the roofscape give the modest terrace a distinctive, yet
pleasingly low key character.
4. The proposed extension, and more especially, the first floor element, would
instead dominate the rear of the terrace. The projection of the proposed
extension would be substantial at 6 metres. Its height would dominate both
the rear of the property and the rear of the terrace as a whole. Although sited
at the rear of the terrace, the extension would nonetheless be clearly visible
Appeal Decision APP/G5750/D/17/3180643
2
from Odessa Road, above and across the rear garden wall of 1 Dean Street.
From here, the extension’s substantial bulk and height would appear as an
incongruous and obtrusive addition to the terrace, out of scale with the
otherwise modest nature of the terraced properties within the block.
5. I noted at my visit to the site, and from Odessa Road, the two storey outrigger
at the rear of No. 1. I accept that it has a prominent and dominant position at
the junction of Dean Street and Odessa Road and its presence within the
terrace cannot be ignored. However, I agree with the Council’s description of
No. 1 and its outrigger as a ‘bookend’ to the terrace. The appeal property’s
context and position within the terrace is somewhat different. More
importantly, I saw that No. 1, whilst part of the terrace, is of a different design,
and is a slightly larger dwelling, than those elsewhere. For these reasons, I do
not consider it to be directly comparable, nor that it should set the context for
future extensions within the terrace.
6. Rather, I consider that the proposed extension would disrupt and overpower
the simplicity of the existing rear elevation. It would be an incongruous and
obtrusive addition, that would dominate the rear of both the host property and
the terrace, and which would be harmful to the character and appearance of
No. 7 and the terrace as a whole. The presence of the two storey outrigger at
No. 1, or the proposed use of appropriate materials or fenestration, does not,
in my judgement, diminish this harm.
7. Thus, I consider that the proposed extension would fail to respond positively to,
or complement, the existing simple local architectural character of the host
property and surrounding area. It would therefore cause harm to the character
and appearance of the host property and the surrounding area and would fail to
achieve the high quality design that, collectively, policies S1, S2, SP1, SP3 and
H1 of the Newham Core Strategy (CS), policy SP8 of the Newham Local Plan:
Detailed Sites and Policies Development Plan Document (DPD) and policies 7.4
and 7.6 of the London Plan (LP) seek. It would also fail to secure the high
quality design that the National Planning Policy Framework (the Framework)
seeks to achieve as one of its core planning principles.
Living Conditions
8. The extension would project 6 metres in depth from the rear elevation of the
existing main house. At its lowest point, the extension’s eaves would align with
the height of those of the existing property. However, on the higher side,
abutting No. 9, the flank wall would be built up as a parapet wall 1 metre
higher than the eaves level. Taken together, these factors would introduce a
substantial flank wall that would project out from the rear of the house a
considerable distance.
9. With the exception of No. 1, which is a house of a different design and larger
scale, the rest of the properties in the terrace are relatively narrow. Therefore,
although centrally located within the rear elevation of No. 9, the first floor
window at that property would be relatively close to the extension’s flank wall.
As a consequence, the scale of the flank wall would significantly impinge upon
the outlook from the first floor window at the rear of No. 9 and would have a
significantly enclosing effect upon the rear of the adjoining property. This
would, I conclude, be harmfully overbearing and overpowering, to the
detriment of living conditions of occupiers of that property.
Appeal Decision APP/G5750/D/17/3180643
3
10. Unlike at No. 9, the single storey rear outrigger at No. 5 does not extend up to
the boundary with the appeal property. In the gap between that outrigger and
the appeal property there is a ground floor window on the rear elevation of
No. 5. I acknowledge that the proposed west facing first floor flank wall would
be inset from the boundary and that the Council have determined that prior
approval would not be required for a larger single storey extension at the rear
of the appeal property1. However, the height and depth of the proposed
extension would nonetheless be such that the outlook from that window would
be severely constrained and enclosed as a consequence of the proposal. This
would result in the extension having an overbearing impact upon the rear of
the neighbouring property which would cause harm to the living conditions of
occupiers of that property.
11. I acknowledge that the terrace’s rear elevation faces north and that the
existing buildings therefore already cast shadow across the rear façade and
areas immediately to the rear of the dwellings. However, the proposed
extension would add a significant physical barrier immediately to the west of
No. 9 which would result in additional overshadowing at certain times of the
year, and compound that which already exists at other times. Furthermore,
the depth and height of the extension would be such that it would block off an
otherwise reasonably open aspect to the northwest quadrant from No. 9 and
create an overpowering and enclosed tunnel-effect at the rear of No. 5.
12. The proposal would cause harm to the living conditions of occupiers of
neighbouring properties and would not achieve a neighbourly form of
development, or one which would contribute to creating a pleasant
environment in which to live. This would be contrary to the aims of policies S1,
S2, SP1, SP3 and H1 of the Newham Core Strategy (CS), policy SP8 of the
Newham Local Plan: Detailed Sites and Policies Development Plan Document
(DPD) and policies 7.4 and 7.6 of the London Plan (LP). It would also fail to
secure the good standard of amenity for existing and future occupiers of land
and buildings that the Framework seeks to achieve as one of its core planning
principles.
Other Matters
13. The proposal would allow the reconfiguration of the internal layout of the
appeal property, including the creation of a family bathroom and a third
bedroom at first floor level. This would create, in the appellant’s words, ‘a
more functional family home’. Whilst I have noted the stated reasons behind
the application and acknowledge the benefits in practicality of layout that this
would have, these factors are not sufficient to outweigh the harm that I have
identified above.
Conclusion
14. For the reasons set out, and having considered all other matters raised, I
conclude that the appeal should be dismissed.
Graeme Robbie
INSPECTOR
1 15/02027/PREHH
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.