Double storey extension to side of property
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Residential Amenity
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 December 2017
by K Ford BSocSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 5th January 2018
Appeal Ref: APP/D4635/D/17/3181669
39 Soberton Close, Wolverhampton WV11 2QX
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 James Everitt against the decision of Wolverhampton City
Council.
The application Ref 17/00391/FUL, dated 28 March 2017, was refused by notice dated
23 May 2017.
The development proposed is double storey extension to side of property.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposal on the living conditions of No 37
Soberton Close with specific reference to outlook and light.
Reasons
3. No 39 Soberton Close is a semi-detached dwelling in a residential cul de sac of
semi-detached and detached properties. Dwellings are separated by garages
and driveways to the side of the properties creating an open and spacious
character. No 39 sits on a staggered building line and stands slightly further
back from the neighbouring property No 37.
4. The proposal would appear prominent and visually intrusive when viewed from
the side of No 37 given the reduction in the gap between the properties and
the close proximity to the boundary of No 37 that would occur. The proximity
and overall scale and mass of the proposed extension would result in the
proposal appearing overbearing. This would harm the outlook of the occupants
of the neighbouring property.
5. The proposal would also lead to a harmful loss of light to the side kitchen
window. Whilst there is a second window in the kitchen on the rear elevation of
the property which faces onto a conservatory, the affected window provides
light into the part of the kitchen used for cooking from what I witnessed on my
site visit. The ability to naturally light the area used for the primary function of
the kitchen would be harmed as a consequence.
6. The proposal would harm the living conditions of the occupants of No 37 with
regards outlook and light. It would therefore conflict with saved Policies D7, D8
Appeal Decision APP/D4635/D/17/3181669
2
and H6 of the Wolverhampton Unitary Development Plan 2001-2011. The
applicable parts of these policies seek to ensure that new development does
not appear overbearing, that it has a massing that does not adversely affect
immediate outlook and loss of light/ sunlight and that new development
protects the amenity of neighbouring residents.
Other Matters
7. The appellant has referenced other properties in the vicinity which it is claimed
have similar extensions to that proposed. On the limited information provided
the circumstances in which the extensions were granted is unclear and there is
insufficient detail to enable me to draw clear comparisons with the case before
me. In any event, each case is determined on its own merits and I have based
my assessment on the information available.
8. I note that the appellant identifies that comments of interested parties are not
on the Council website. This is a separate matter for the Council. Nonetheless I
am aware of the concerns raised by the proposal and have considered them in
my assessment of the case.
Conclusion
9. For the reasons identified, I conclude that the appeal should be dismissed.
K Ford
INSPECTOR
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