Single storey extension to side of property
📊
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
Flood Risk
Inspector’s Reasoning
Appeal Decision
Site visit made on 16 October 2017
by Clive Tokley MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 27 October 2017
Appeal Ref: APP/A2280/D/17/3180788
533 Mierscourt Road, Rainham, Gillingham, ME8 8QZ.
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 Mohamed Quereshi against the decision of Medway Council.
The application Ref MC/17/1070, dated 21 March 2017, was refused by notice dated 17
May 2017.
The development proposed is described as a single storey extension to side of property.
Pitched roof extension to accommodate living space.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are the effect of the proposal on the character and appearance
of the dwelling and the area and the living conditions of the occupiers of
proposal as regards the outlook from one of the bedrooms.
Reasons
Character and appearance
3. Mierscourt Road is a long residential road extending from the A2 in the north
almost to the M2 in the south. No 533 is one of a short row of detached chalet-
style dwellings occupying rectangular plots with their longest dimension parallel
to the road. Most houses in the vicinity of the appeal property have been
extended but spaces remain between them. Trees and shrubs within the main
(side) gardens together with grassed areas and shrub planting on the road side
create green breaks in the built frontage. In contrast, the low brick boundary
walls and railings at the back edge of the pavement at No 533 and No 535
combined with car parking areas behind them result in a hard edge to that part
of the street.
4. The appeal dwelling has been altered and extended resulting in a range of
gabled and partly-hipped roofs with front, rear and side dormers. It has an “L”
shaped floor plan with the longest limb running west to east at right angles to
the road. The house has a paved walled garden to the north and to the south
the garden is divided into a parking area (with a gated access to Mierscourt
Road) and a lawn with a small ornamental pond and rockery.
5. The extension would be the same width as the existing north-south limb but a
slacker roof pitch would result in a lower ridge line. This would add to the
Appeal Decision APP/A2280/D/17/3180788
2
existing confusion of forms present in the building; however the host dwelling
is of undistinguished appearance and I consider that taken in isolation the
extension would not detract from its character.
6. The proposal would extend the width of the building across the site retaining a
narrow space between the dwelling and the flank of the garage at No 535. The
two limbs of the extended dwelling would dominate the hard surfaced space
that would remain at the front of the house.
7. The reduction in the width of the remaining undeveloped space between No
533 and No 535 would result in an unrelieved harsh urban appearance which
would unacceptably detract from the character and appearance of the area. On
this issue I conclude that the proposal would represent an excessive amount of
built development on the site that would unacceptably detract from the
character and appearance of the area. It would therefore conflict with Policy
BNE1 of the Medway Local Plan 2003 (LP) which indicates that development
should be appropriate in relation to the character and appearance of the built
environment.
Living conditions
8. The rear-facing bedroom would have a limited outlook towards a high wooden
fence; however as extended the dwelling would contain eight rooms identified
as bedrooms. Taking into account the number of alternative rooms in the
house the poor outlook from one of them would not be so harmful to the living
conditions of the occupiers of the dwelling as a whole to justify the refusal of
permission. In this respect the proposal would not conflict with LP Policy BNE2.
Other matters
9. The proposed building would have a low eaves and taking account of its
distance from the rear of No 221 Maryland Court and it’s off-set from the
garden boundary it would not be unacceptably over-dominant. The proposal
may result in some evening shadowing of the garden to the east but this would
not be of sufficient harm to justify the refusal of permission. The proposal
would change the view out from No 221 towards the woodland but this would
not be sufficient reason to refuse permission. Residents express concern about
surface water drainage but that would be controlled by other legislation and I
have no reason to conclude that satisfactory drainage could not be achieved.
10. The appellant refers to a number of developments else where in Mierscourt
Road, but these are some distance from the appeal property and do not share
the characteristics or the context of No 533. Nothing that I saw elsewhere in
the area persuades me that the proposal would be acceptable.
Conclusion
11. On the second main issue I have concluded that the proposal would not result
in unacceptable living conditions for the occupiers of the extended dwelling.
However on the first main issue I have concluded that the proposal would be
unacceptably harmful to the character and appearance of the area and for that
reason the appeal should not succeed.
Clive Tokley
INSPECTOR
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.