Double storey side and rear extension and outbuilding to side

06 December 2017 Appeal Decision Site visit made on 21 November 2017 by Helen Cassini BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 06 December 2017 Appeal Ref: APP/X4725/D/17/3182136 143 Shay Lane, Walton, Wakefield, West Yorkshire WF2 6LF  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 Ian Wood against the decision of City of Wakefield Metropolitan District Council.  The application Ref: 17/00936/FUL, dated 3 April 2017, was refused by notice dated 1 June 2017.  The development proposed is a double storey side and rear extension and outbuilding to side. Decision 1. The appeal is allowed and planning permission is granted for a double storey side and rear extension and outbuilding to side at 143 Shay Lane, Walton, Wakefield, West Yorkshire WF2 6LF in accordance with the terms of the application, Ref: 17/00936/FUL, dated 3 April 2017, subject to the conditions in the attached annexe. Procedural Matters 2. In determining the application, the Council split their decision and granted planning permission for the proposed outbuilding to side but refused planning permission for the double storey side and rear extension. 3. From observations made during the site visit, it was evident that construction of the outbuilding was almost complete. Whilst the outbuilding is a relatively large structure, the scale remains subservient to the dwelling on site. As such, I concur with the Council’s decision insofar as the location, scale and design of the outbuilding will not result in any significant harm to either the character and appearance of the surrounding area or the existing visual amenity enjoyed by neighbouring residents. Main Issues 4. The main issues of the appeal are therefore the effect of the proposed double storey side and rear extension on: (i) the character and appearance of the surrounding area; and (ii) the living conditions of neighbouring residents at 141b Shay Lane, with particular regard to outlook and by virtue of the potential for overbearing, oppressive effects. Appeal Decision APP/X4725/D/17/3182136 2 Reasons Character and appearance 5. The appeal site is located approximately 50 metres from the B6378 and sited at the end of a drive, accessed from the south side of Shay Lane. The host dwelling consists of a 2-storey detached residence constructed from traditional local stone. The host dwelling is set within a well sized plot, with land levels dropping to the east and rising towards the west. 6. Despite finding no harm with regard to the outbuilding, the Council raised concern in relation to the proposed double storey side and rear extension, with particular regard to the scale, siting and use of materials. In relation to the scale of the proposal, the extension would provide additional living space in the form of a utility room, WC and study on the ground floor and two further bedrooms, one with ensuite, on the first floor. 7. It is acknowledged that the extension would be a sizeable addition to the host dwelling. The proposed extension would utilise the current parking space adjacent to the dwelling. A section of the extension would also be constructed on a largely unused side of the dwelling. This area houses what appeared to be an empty outbuilding and WC. Both of which require some repair work and currently detract from the aesthetic qualities of the host dwelling. 8. The host dwelling is located at the end of a long drive, and is not visible from within the public realm on Shay Lane. As such, given the secluded location of the dwelling, it is not considered that the proposal would have any significant impact on the character and appearance of the wider village setting of Walton. 9. Nevertheless, it is accepted that the host dwelling is surrounded by residential properties on three sides. Although the use of traditional local stone forms part of the character of the locality, a number of dwellings surrounding the appeal site are constructed from light coloured or red bricks. It is therefore considered that the character of the locality consists of a mix of architectural styles. 10. It is nonetheless accepted that the use of light render is not a traditional design feature within the immediate locality. As such, the render would appear modern in appearance in comparison to the traditional local stone. Nevertheless, the use of more contemporary design features and materials are not uncommon within urban settings. 11. Furthermore, modern or contemporary architecture is not ruled out by the National Planning Policy Framework (the Framework); with paragraph 60 stating that both planning policy and decisions should not attempt to impose architectural styles or particular tastes and that they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. 12. However, paragraph 60 further states that it is, however, proper to seek to promote or reinforce local distinctiveness. In addition, both policies within the Wakefield Metropolitan District Council Local Development Framework 2009 (the LDF) and guidance within the City of Wakefield Metropolitan District Council Supplementary Planning Guidance – Residential Design Guide 1996 (the SPG) state that the use of contemporary design features should complement local distinctiveness, rather than detract from it. Appeal Decision APP/X4725/D/17/3182136 3 13. It is considered that due to the proposed use of a light render, the contrast between old and new materials would distinguish the extension from the host dwelling. Consequently, the proposed use of a relatively modern finish, combined with an understated design, would ensure that the traditional architecture and historic charm of the host dwelling remains a principal focus. The proposal would therefore adequately reinforce and complement the positive contribution the host dwelling makes to the immediate locality. 14. Accordingly, the proposal is therefore considered to be an appropriate addition to the host dwelling ande complies with Policies D9 and D10 of the LDF, the SPG and section 7 of the Framework. When taken together these policies and guidance seek, amongst other things, to ensure that new development is of a high quality design and respects and enhances local character. Living conditions 15. In line with Policies D9 and D10 of the LDF, the Council seek to ensure that proposals are of a high standard of design, which result in no detrimental impact on living conditions of occupiers of neighbouring dwellings. The Council also draw on the content of Appendix 1 of the SPG in regard of house extensions. The former set out general principles for new development, including extensions and the latter sets out more specifics with regard to protecting the amenities of neighbouring occupiers. 16. The SPG states that a minimum back to back separation distance of 21 metres should exist between dwellings. From observations made during the site visit, it was evident that such a separation distance does not currently exist between the appeal site and 141b Shay Lane. It is considered that at most, a separation distance of some 10 metres exists between the two dwellings. 17. The introduction of the extension would further reduce the separation distance to approximately 7 metres. Despite the technical breach of the guidance within the SPG, the siting of the extension would not be located directly in front of any of the main windows in the rear elevation of No 141b. Whilst the proposal would be a relatively prominent feature in views from the rear most section of the garden of No 141b, the majority of the existing outlook from No 141b would be retained. 18. In addition, the proposed north east elevation would contain 3 windows and given the topography of the land, views of the extension would be significantly reduced due to the substantial, shared boundary wall. Accordingly, the neighbouring occupiers would not be faced with a long blank elevation and it is not considered that any significant adverse effect in terms of overbearing or overshadowing would occur. 19. The proposal would therefore not result in an unacceptable level of harm to the living conditions of neighbouring residents at No 141b in respect of an overbearing effect or outlook. This is however subject to an appropriate condition in relation to obscure glazing of windows at the first floor in the north east elevation closest to No 141b in order to protect privacy. As such, the proposal would therefore comply with protection of residential amenity objectives of Policies D9 and D10 of the LDF, the SPG. In addition, the proposal would also comply with one of the Framework’s core planning principle of seeking to secure a good standard of amenity for all existing and future occupants of land and buildings Appeal Decision APP/X4725/D/17/3182136 4 Conditions 20. The conditions suggested by the Council have been considered against the tests of the Framework and advice provided by the Planning Practice Guidance (the PPG). The majority have been found to be reasonable and necessary in the circumstances of this case; although amendments to the wording of some have been necessary in the interest of clarity and precision. 21. In addition to the standard commencement condition, a condition is necessary requiring that the development is carried out in accordance with the approved plans in order to provide certainty. It is also considered that the provision of obscured glazed windows in the north-east elevation at the first floor level and the use of the outbuilding should be subject to control in order to protect the living conditions of neighbouring residential occupiers. 22. A further condition relating to the removal of permitted development rights for any future openings at first floor level in the south east facing side elevation is appropriate in the interests of protecting residential amenities of the occupiers on The Grove. 23. The host dwelling is constructed from traditional, local stone, with the proposed extension being finished in a light painted render with stone lintels and sills. As previously commented on, the use of such materials is considered acceptable in this location. Accordingly, the condition suggested by the Council with regard to the use of matching external surfaces with those of the host dwelling is not necessary. Conclusion 24. For the reasons set out above, subject to appropriate planning conditions, I conclude that the appeal should be allowed. Helen Cassini INSPECTOR Appeal Decision APP/X4725/D/17/3182136 5 Annexe Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Plan 1:11250; Site Plan 1:500; Proposed double storey side & rear extension at No 143 Shay Lane, Walton – Existing Sheet 1 of 3; Proposed double storey side & rear extension at No 143 Shay Lane, Walton – Proposed Sheet 2 of 3; Proposed outbuilding at No 143 Shay Lane, Walton – Outbuilding Sheet 3 of 3. 3) The outbuilding hereby approved shall be used solely as ancillary to and occupied in conjunction with the main dwelling and shall not be used or let as a separate unit of accommodation. 4) The proposed windows serving the ensuite and bathroom in the north-east elevation at the first floor level shall be glazed with obscure glass and permanently retained as such. 5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no openings other than those expressly authorised by this permission shall be constructed at first floor level or above in the south east elevation of the extension hereby permitted.