Erection of two storey side extension to north of dwelling
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Character & Appearance
Heritage & Conservation
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 November 2017
by Andrew McCormack BSc (Hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24 November 2017
Appeal Ref: APP/T5720/D/17/3181120
12 Wool Road, West Wimbledon, London SW20 0HW
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 Mike Williams against the decision of the Council of the
London Borough of Merton.
The application Ref 17/P0704, dated 15 February 2017, was refused by notice dated
11 May 2017.
The development proposed is erection of two storey side extension to north of dwelling.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Mr Mike Williams against the Council of the
London Borough of Merton. This application is the subject of a separate Decision.
Main Issue
3. The main issue is whether the proposed development preserves or enhances the
character or appearance of the surrounding area, with particular regard to the
Merton (Wool Road) Conservation Area.
Reasons
4. The appeal property is a large detached two storey dwelling on a spacious corner
plot at the junction of Wool Road and Dunstall Road. The area is residential in
character and the majority of properties in the locality, including the appeal
property, are large dwellings on spacious, landscaped plots. The host property is
within the Merton (Wool Road) Conservation Area (CA) and the area around the
junction between Wool Road and Dunstall Road has a spacious, verdant character.
Properties are set back from the public highway and this contributes significantly to
the wider character and appearance of the CA. Furthermore, the prominent
position of the host property and its corner plot makes a significant contribution to
the overall streetscene of the area.
5. From the submitted plans, I note that the proposed extension would include most
of the land to the side of the appeal property. The side elevation of the extension
would be around 2 metres from the side boundary of the site to Dunstall Road.
Furthermore, the proposal would be two storeys in height and its visible position
would significantly erode the open and spacious nature of the area around the
nearby junction and therefore the wider character and appearance of the CA.
Appeal Decision APP/T5720/D/17/3181120
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6. I acknowledge that the proposed extension has been designed to complement the
style of the host property. Notwithstanding this, I find that the scale and
prominent position of the proposal would unbalance the appearance of the host
property and would be detrimental to the appearance of the surrounding area.
7. I note that a previous Inspector allowed a proposal for a single storey side
extension at the property on the grounds that it would not erode the sense of
openness around the Wool Road / Dunstall Road junction. Furthermore, the
appellant has identified this as the fall-back position in the event that this appeal
proposal was dismissed. I have given due regard to the above and find that this
appeal proposal is entirely different to the allowed proposal in that it constitutes a
large two storey extension rather than a modest single storey proposal.
8. Furthermore, I have given due consideration to the appellant’s points regarding
spaciousness and openness, as considered by the Inspector in dealing with the
allowed single storey scheme. Notwithstanding this, and in any event, whilst these
matters are material considerations to which I have attached due weight, I must
assess the appeal proposal before me on its own merits and circumstances and I
confirm that I have done so in determining this appeal.
9. The appellant argues that the proposal respects and complements the design and
detailing of the original building by using similar materials and design features.
Furthermore, it is argued that the proposal would be subservient to the main
property and would add balance and symmetry to the appearance of the front
elevation of the property. I acknowledge that the material, ls proposed would
complement the existing property and its appearance. However, from the
submitted drawings, I find that the proposal would not provide a balanced,
symmetrical appearance to the frontage of the property. Indeed, based on what I
have seen and read, it is my view that the proposal would adversely affect the
appearance of the frontage of the property in terms of its balance and symmetry.
10. Whilst I appreciate the Inspector’s comments in relation to the allowed scheme, I
find that the position, height and scale of the appeal proposal before me would
have a greater detrimental impact on openness and spaciousness. The proposal
would, at two storey height, move to about 2 metres of the site boundary along
Dunstall Road. Although I note that the site is well screened by trees and foliage
and that the proposal would be subservient to the main property, I find that the
overall bulk of the proposal would have an adverse impact on the openness of the
area and diminish its spacious character and appearance.
11. I acknowledge the individual design and nature of properties in the immediate
surrounding area, noting that each has its own particular style and character which
contributes toward the overall character and appearance of the locality. However,
I find that the particular scale and bulk of the proposed two-storey extension would
be too great for the host property and would result in significant visual harm to the
surrounding area, including the CA.
12. There is no established pattern of development in the locality. Therefore, in that
regard, I note that the proposal would not be out of keeping with other properties
in the area. Furthermore, I note the north elevation of the proposed extension
would be similar to that of the existing north facing elevation of the appeal
property. As a result, it is argued that there would be minimal impact on the
appearance of the appeal property when viewed from the area to the north.
13. The appellant has also stated that the impact of the proposed development would
be limited due to a number of other measures. These include the use of similar
materials to the host property so that the extension would visually complement the
Appeal Decision APP/T5720/D/17/3181120
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overall appearance of the appeal property and the wider streetscene and CA.
Moreover, the appellant argues that the proposal would be an improvement on the
approved single storey scheme and would be more in keeping with the wider
character and appearance of the CA. In addition, the appellant states that the
proposal would be screened from view by trees and landscaping on the site. As
such, there would be minimal effect on the character and appearance of the
surrounding area and it is states that the proposal would cause no threat to trees
within the boundary of the property. There would also be sufficient amenity space
on the site and the scheme would have no detrimental effect on the pattern of
development in the area.
14. In considering all of the above, I have had special regard to the statutory duty to
pay special attention to the desirability of preserving or enhancing the character or
appearance of the CA. As such, in accordance with Paragraphs 131 to 134 of the
National Planning Policy Framework (the Framework), whilst the harm to the CA
would not be substantial, I find that it would be of such significance that the limited
public benefits of the scheme would not be sufficient to outweigh the harm
identified. As a result, I find that the proposed development would not preserve or
enhance the character or appearance of the CA.
15. Overall, I find that the impact of the scheme on the openness and spacious
character of the CA in this particular location would be significant and harmful as
the proposal would appear dominant in a particularly prominent position.
Notwithstanding nearby trees and foliage, the proposed two storey extension would
be highly visible and its scale and height would be detrimental to the overall
character of the area. Although there is a fine balance between the benefits of the
scheme and its harm, I find that the harmful impact on the character and
appearance of the CA, as a designated heritage asset, would be of such
significance that it outweighs the benefits of the proposal.
16. Consequently, I conclude that the proposed development would not preserve or
enhance the character or appearance of its surroundings with particular regard to
the Merton (Wool Road) Conservation Area. Therefore, it would be contrary to
Policy CS14 of the Adopted Merton Core Planning Strategy 2011 and Policies DM
D2, DM D3 and DM D4 of the Adopted Merton Sites and Policies Plan 2014.
Amongst other matters, these policies seek to ensure that development has no
significant detrimental impact on the character or appearance of its surroundings,
including designated heritage assets such as conservation areas.
Conclusion
17. For the above reasons, and having had regard to all other matters raised, I
conclude that the appeal should be dismissed.
Andrew McCormack
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 8 November 2017
by Andrew McCormack BSc (Hons) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 24 November 2017
Costs application in relation to Appeal Ref: APP/T5720/D/17/3181120
12 Wool Road, West Wimbledon, London SW20 0HW
The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
The application is made by Mr Mike Williams for a full award of costs against the Council
of the London Borough of Merton.
The appeal was against the refusal of planning permission for erection of two storey
side extension to north of dwelling.
Decision
1. The application for a full award of costs is refused.
Reasons
2. The Planning Practice Guidance (PPG) advises that costs may be awarded
against a party who has behaved unreasonably and thereby caused the party
applying for costs to incur unnecessary or wasted expense in the appeal
process.
3. Paragraph 49 of the PPG sets out examples of unreasonable behaviour by local
planning authorities. These include preventing or delaying development which
should clearly be permitted, having regard to its accordance with the
development plan, national policy and any other material consideration, failure
by the planning authority to substantiate a stated reason for refusal of planning
permission and persisting in objections to a scheme or elements of a scheme
which the Secretary of State or an Inspector has previously indicated to be
acceptable.
4. The appellant argues that the Council has acted unreasonably as it did not
properly consider the application to which this appeal relates. The reasons for
refusal are identical to those given in relation to the single storey extension at
the appeal site which was allowed at appeal. Furthermore, it is stated that this
appeal proposal is not substantially different to the scheme which was allowed.
However, the appellant argues that the Council has given no consideration to
the previous Inspector’s reasoning or decision in determining this proposal,
particularly in relation to its siting and the openness of the area around the
nearby junction.
5. The Council states that it previously refused a scheme on the appeal site which
related to a two storey side extension of the appeal property. The refusal of
that scheme was on the same grounds as the proposal which is the subject of
this appeal. Notwithstanding this, the Council considers that the erection of a
two storey side extension in this location would be harmful to the openness and
Costs Decision APP/T5720/D/17/3181120
2
spaciousness of the area around the junction of Wool Road and Dunstall Road
which forms part of the Merton (Wool Road) Conservation Area. As a result,
the Council argues that it has been consistent in its decisions in respect of the
two storey proposals at the appeal property and therefore has not acted
unreasonably in determining this proposal.
6. From what I have seen and read, the allowed scheme to which the appellant
refers relates to a single storey extension to the appeal property. Whilst I note
the remarks of the Inspector in that case, it is evident that the scheme before
me now and the scheme which was before my colleague Inspector are two very
different proposals. As such, whilst the comments of the previous Inspector
have some limited relevance to this case, they were made in relation to a
different proposal. It is accepted practice that each proposal must be assessed
on its own individual circumstances and merits. Therefore, I must give limited
weight to the previous Inspector’s comments as they do not directly relate to
the scheme which is the subject of this appeal.
7. Having had regard to the above, I am satisfied that the Council has properly
and appropriately considered and determined this appeal proposal with due
regard to the development plan, national policy and other material
considerations. Whilst the Council’s reasons for refusal may be identical to a
previous proposal for the site, I find this to be entirely possible and reasonable
where the relevant policies are considered in relation to similar but different
schemes in a similar location. Furthermore, although the Council has not set
out its reasoning for refusal in great detail, the relevant policies have been
referenced and a clear justification for its decision is set out in the Officer
Report and Decision Notice.
8. With regard to the appellant’s argument that the Council has persisted in
objections to a scheme which an Inspector has indicated to be acceptable, for
the above reasons I give these matters limited weight. The proposal allowed
on appeal was for a single storey extension. In my view, it is reasonable for
the Council to consider that this appeal scheme would have an equal, if not
greater, impact on openness and spaciousness due to its two storey height and
scale. Furthermore, I find the Council’s assessment of the appeal scheme to be
consistent with the determination of other similar schemes which have been
considered at the site and against relevant policies and guidance.
9. As a result, having considered the appellant’s points, I find that the Council has
acted reasonably and consistently in determining the appeal proposal and
provided a clear justification for its reasons for refusal. Therefore, I conclude
that unreasonable behaviour resulting in unnecessary or wasted expense, as
described in the PPG, has not been demonstrated. Consequently, the
application for costs is refused.
Andrew McCormack
INSPECTOR
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