Single storey rear extension
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Residential Amenity
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 November 2017
by Caroline Mulloy BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 16th November 2017
Appeal Ref: APP/J4525/D/17/3181170
18 Ludlow Road, Tunstall, Sunderland, Tyne and Wear SR2 9HH
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 Syed Ruhul Amin against the decision of Sunderland City
Council.
The application Ref 17/00579/FUL, dated 24 March 2017, was refused by notice dated
24 May 2017.
The development proposed is single storey rear extension.
Decision
1. The appeal is dismissed.
Procedural Matter
2. A wall on either side boundary at the front of the appeal property had already
been erected at the time of my site visit. This element of the proposal is,
therefore, retrospective and I have dealt with the appeal on this basis.
Main Issue
3. The main issue in this case is the effect of the proposal on the living conditions
of existing occupiers at number 14 Ludlow Road with specific reference to
outlook and light.
Reasons
4. The appeal property is a two storey semi-detached property which has a wrap-
around extension to the side and rear which adjoins an attached garage to the
side. The rear garden of number 14 Ludlow Road (No 14) backs onto the flank
elevation and garden of the appeal property. The ground levels rise to the
south and east of the appeal property and consequently it sits at a higher level
than No. 14.
5. It is proposed to erect a small kitchen extension across part of the rear
elevation projecting around 1.5m beyond the existing extension resulting in a
total projection of approximately 4.2m. It would have a mono-pitch roof
following the slope of the existing extension. The Council has not raised
concerns regarding the boundary wall with brick pillars and from everything
which I have seen in submissions and on my site visit I have no reason to
disagree.
6. No 14 has a small rear garden and so the windows in the rear elevation are
only around 7m from the boundary with the appeal property. The rear
Appeal Decision APP/J4525/D/17/3181170
2
elevation has a bay window and a smaller window on the ground floor and a
window to the first floor. Occupiers of No 14 currently have views from their
ground floor windows of their rear garden. Those views are terminated by the
boundary fence of the appeal property and the flank elevation of the existing
extension which is seen above the fence.
7. Occupiers of No 14 currently have views from the upper floor window over the
common boundary fence to the flank elevation of the existing side extension
and sloping roof of the appeal property. However, views are also available
from this window over the fence towards the garden of the appeal property.
The proposal would involve the existing extension protruding a further 1.5m
resulting in a total projection of approximately 4.2m in very close proximity to
the common boundary with No 14. Views of the garden of the appeal property
from the first floor window of No 14 would be replaced by a blank brick
elevation and long sloping roof. Furthermore, the proposal would result in
significant enclosure of the rear garden of No 14. Whilst the proposal would be
single storey it would be situated on higher ground. Consequently, I consider
that it would result in a loss of outlook and appear dominant and overbearing
when viewed from the rear windows and garden of No 14.
8. Moreover, as the existing extension is situated in an elevated position to the
south it would already result in a loss of light to the rear windows and garden
area of No 14 and the proposal would extend the duration of this impact.
9. For the reasons stated, I consider that the proposal would harm the living
conditions of the occupiers of No 14 with specific reference to outlook and light.
The proposal would, therefore, be contrary to saved Policy B2 of the Council’s
Unitary Development Plan (1998) and section 7 of the Council’s Household
Alterations and Extensions Supplementary Planning Document which together
require that extensions to existing buildings retain acceptable levels of privacy,
outlook and relate harmoniously to adjoining areas.
10. Furthermore, the proposal would conflict with paragraph 17 of the National
Planning Policy Framework which seeks to ensure a good standard of amenity
for all existing and future occupants of land and buildings.
Conclusion
11. For the reasons stated and taking all other considerations into account the
appeal should be dismissed.
Caroline Mulloy
Inspector
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