First floor and roof extension to provide two additional bedrooms and new entrance porch
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Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 7 November 2017
by Andrew Owen BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 20 November 2017
Appeal Ref: APP/G1630/D/17/3181369
Bramble Cottage, Spring Lane, Cleeve Hill, Cheltenham GL52 3PY
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 & Mrs Smith against the decision of Tewkesbury Borough
Council.
The application Ref 17/00075/FUL, dated 18 January 2017, was refused by notice dated
3 July 2017.
The development proposed is a first floor and roof extension to provide two additional
bedrooms and new entrance porch.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Mr & Mrs Smith against Tewkesbury
Borough Council. This application is the subject of a separate Decision.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the host dwelling and the surrounding area which is within the Cotswolds Area
of Outstanding Natural Beauty (AONB).
Reasons
4. The site accommodates a modestly sized dormer bungalow on a steeply sloping
site. The works would involve swapping the dormers for a first floor extension
which follows the footprint of the ground floor and which would also replace a
first floor balcony. Above that, the ridge height of the roof would be increased
and a rear facing gable provided including full length glazed doors.
5. The rear gable would project considerably above and beyond the existing rear
facing roof slope and dormers and would appear unduly dominant. Due to this,
and also because of the large amount of glazing in the gable, I do not consider
these alterations would respect the character, scale or proportions of the
existing house. Furthermore, the extension would be visible from positions
along Lye Road, albeit at a distance, and hence would detract from the
dwelling’s appearance when seen in the wider context.
6. At the front, due to the site topography and a tall thick hedge on the front
boundary, it is likely that only the increase in the ridge height would be
Appeal Decision APP/G1630/D/17/3181369
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noticeable. I do not consider the works on this side of the dwelling would
significantly alter the character or scale of the house, or result in it adversely
affecting the character of the area when seen from Spring Lane. Nonetheless,
this does not outweigh the harmful effect of the rear extensions.
7. I note there is a large dwelling currently under construction on the adjacent
site and the structure, as it currently stands, appears prominently from
positions on both Spring Lane and Lye Lane. I do not dispute that that
dwelling will most likely appear more prominent than the extended Bramble
Cottage would. However as the adjacent dwelling appears to be a wholly new
build, it cannot be required to harmonise with the character of a host dwelling,
which is the main issue in this appeal.
8. Similarly, though I accept there are some large houses nearby, these do not
act as precedents for this proposal, as it is the effect of the extensions on the
host property that is the main issue here, not the size of the resultant dwelling.
9. I have carefully considered the other examples referred to by the appellant,
and though these all appear to involve large extensions, their host dwellings
also appear large. Indeed, from the evidence before me, none of these other
examples appear to exceed the height of the host dwelling as would be the
case in the proposed development.
10. I accept there would be a limited benefit to the local economy during the
construction period, and I understand the development would better serve the
existing occupiers’ needs. Nevertheless, these matters do not weigh heavily in
my deliberations and do not offset the harm identified above.
11. Due to the development’s small scale in relation to the wider landscape I do
not consider it would have a material effect on the scenic beauty of the
Cotswold AONB. Notwithstanding this, the development would fail to
compliment the character and appearance of the host dwelling and therefore
would also harm the character and appearance of the local area. Accordingly it
would conflict with Policy HOU8 of the Tewkesbury Borough Local Plan which
aims to ensure extensions respect the character of the existing dwelling and
the immediate locality.
Conclusion
12. For the reasons given above, and taking account of all other considerations, I
conclude that the appeal should be dismissed.
Andrew Owen
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 7 November 2017
by Andrew Owen BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 20 November 2017
Costs application in relation to Appeal Ref: APP/G1630/D/17/3181369
Bramble Cottage, Spring Lane, Cleeve Hill, Cheltenham GL52 3PY
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 & Mrs Smith for a full award of costs against Tewkesbury
Borough Council.
The appeal was against the refusal of planning permission for a first floor and roof
extension to provide two additional bedrooms and new entrance porch.
Decision
1. The application for an award of costs is refused.
Reasons
2. Planning Practice Guidance (PPG) advises that, irrespective of the outcome of
the appeal, costs may only be awarded against a party who has behaved
unreasonably and thereby caused the party applying for costs to incur
unnecessary expense in the appeal process.
3. It goes on to state that local planning authorities are at risk of an award of
costs if they behave unreasonably with respect to the substance of the matter
under appeal, for example, by preventing or delaying development which
should clearly be permitted, having regard to its accordance with the
development plan, national policy and any other material considerations; or by
not determining similar cases in a consistent manner.
4. It is clear that there was a significant period of time between the initial
submission of the application and its determination which was due, at least in
part, to the submission of revised plans on a number of occasions. However as
I have dismissed the appeal on the basis that the proposal would harm the
character and appearance of the host dwelling and the area, I cannot conclude
that any delays in the consideration of the application prevented or delayed
development that should have been permitted.
5. The Council is correct that each development must be determined on its own
merits, though regard can be had to the context of the site, including other
extensions or dwellings nearby. In this case I consider the other examples
referred to by the appellant are not similar to the proposal for the reasons I
have given in my appeal decision. As such I do not consider the Council has
acted inconsistently.
Costs Decision APP/G1630/D/17/3181369
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6. In summary, I do not consider it has been demonstrated that the Council acted
unreasonably or that it has caused the appellant any unnecessary or wasted
expense, as described in the PPG. Consequently the application for an award
of costs is refused.
Andrew Owen
INSPECTOR
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