Extension at ground floor level to infill the courtyard and minor extension to the side of the rear projection on first floor. Replacement of windows with new timber sashes throughout, new openings to match style and existing terraces. French door to access terrace. New boundary treatment to front. Glazed screen to boundary at rear. New roof lights. New porch canopy to front
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Heritage & Conservation
Residential Amenity
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Inspector’s Reasoning
Appeal Decision
Site visit made on 30 January 2018
by Jason Whitfield BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 12th February 2018.
Appeal Ref: APP/H5390/D/17/3187888
2 Lanfrey Place, London W14 9PY
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 Charles Hayes against the decision of the Council of the
London Borough of Hammersmith & Fulham.
The application Ref 2017/03283/FUL, dated 18 August 2017, was refused by notice
dated 19 October 2017.
The development proposed is an extension at ground floor level to infill the courtyard
and minor extension to the side of the rear projection on first floor. Replacement of
windows with new timber sashes throughout, new openings to match style and existing
terraces. French door to access terrace. New boundary treatment to front. Glazed
screen to boundary at rear. New roof lights. New porch canopy to front.
Decision
1. The appeal is allowed and planning permission is granted for an extension at
ground floor level to infill the courtyard and minor extension to the side of the
rear projection on first floor, replacement of windows with new timber sashes
throughout, new openings to match style and existing terraces, French door to
access terrace, new boundary treatment to front, glazed screen to boundary at
rear, new roof lights and new porch canopy to front at 2 Lanfrey Place, London
W14 9PY in accordance with the terms of the application, Ref 2017/03283/FUL,
dated 18 August 2017, subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match those used in the existing
building.
3) The development hereby permitted shall be carried out in accordance
with the following approved plans: 1128-500 Rev P01, 1128-501 Rev
P01, 1128-502 Rev P01, 1128-600 Rev P01, 1128-601 Rev P01, 1128-
700 Rev P01, 1128-701 Rev P01 and 1128-702 Rev P01.
Procedural Matter
2. The appellant has submitted two revised plans with the appeal which materially
change the substance of the original proposal. Therefore, for the avoidance of
doubt, and the interest of fairness, I have dealt with the appeal on the basis of
the proposal and accompanying plans that were before the Council at the time
it came to its decision.
Appeal Decision APP/H5390/D/17/3187888
2
Main Issues
3. The main issues are: whether the proposal would preserve or enhance the
character or appearance of the Barons Court Conservation Area; and, the effect
of the proposal on the living conditions of the occupiers of the host property.
Reasons
Conservation Area
4. The appeal site is within the Barons Court Conservation Area (BCCA), the
significance of which is largely derived from its tightly knit grid pattern of
residential streets. The density of development is relatively high, with little
space between buildings. Back gardens as such provide important features in
maintaining separation and legibility throughout.
5. The appeal property is a two storey dwelling located on the small mews of
Lanfrey Place behind the four storey Marzell House which contains commercial
uses at ground floor with residential above. As a later addition to the terrace
of which it forms a part, the property is shallower than the remainder of the
terrace and of greater width. The plot is triangular in shape, with a small,
irregular shaped back yard as a result.
6. Housing Policy 6 of the Council’s Planning Guidance Supplementary Planning
Document 2013 (SPD) states that permission will not be granted for extensions
within 4m of the rear boundary nor if the extension covers more than 50% of
the area at the rear of the property. The proposed ground floor extension
would infill the entire existing courtyard to the rear of the property. As such, it
would conflict with the guidance set out in SPD Housing Policy 6.
7. However, the courtyard is presently bound by walls of considerable height
which prevent any appreciation of it from ground floor level outside of the
property. As such, it makes little contribution towards the spacing between the
buildings and the infilling of the space would not therefore harmfully reduce the
openness between the property and surrounding buildings.
8. Moreover, the extension to the first floor outrigger would only slightly increase
its width, with the resultant extension covering less than half the original
dwelling. It would also maintain the existing eaves and ridge height of the
outrigger and most of the original property would remain visibly unaltered.
9. Furthermore, whilst the proposed first floor glazed screen would extend the full
width of the newly created terrace area, it would be largely lightweight in
appearance and would sit in the context of the four storey Marzell House
adjacent which is commercial in appearance. It would also have a height of
around 1.6m above terrace level and would sit well below the eaves of the
building. As a result, the combined scale and massing of the first floor
extension and glazed screen would appear subservient to the host property.
10. The rear of the property backs onto a service access road to the commercial
units in Marzell House and, as a consequence, the proposal would not be widely
visible within the public realm. Views of the proposal would be limited to
private views within the upper floors of Marzell House and adjacent properties.
Consequently, the proposal would not be visually dominant or discordant.
Appeal Decision APP/H5390/D/17/3187888
3
11. I conclude, therefore, that the proposal would preserve the character and
appearance of the Barons Court Conservation Area, in accordance with Policy
BE1 of the Hammersmith and Fulham Local Development Framework Core
Strategy 2011 (CS) which seeks a high standard of design. It would also
accord with Policies DMG3 and DMG7 of the Hammersmith and Fulham
Development Management Local Plan (2013) (DMLP) which seek a high
standard of design in extensions and seek to protect, restore or enhance
conservation areas. Whilst it would conflict with Housing Policy 6 of the SPD, it
would accord with SPD Design Policies 31 and 34 which state that extensions
should be appropriate to the original building.
Living Conditions
12. The proposal would infill the entire rear yard area of the property. As such, it
would result in the loss of all private external amenity space for occupiers of
the property, in conflict with the guidance set out in SPD Housing Policy 6
which, in part, seeks to limit the size of rear extensions to ensure that they do
not result in an unacceptable loss of existing amenity space.
13. Nevertheless, the existing courtyard is particularly small, amounting as it does
to around 6m². It is also enclosed on all sides by the two storey walls of the
building itself and the boundary walls of considerable height. I was able to see
on my site visit that the space is of particularly poor quality and would be a
significantly oppressive external amenity area for residents.
14. In contrast, the proposal would introduce a terrace at first floor level that
would measure around 6.75m². An equivalent level of space would therefore
be provided. Moreover, the terrace would be bound by 1.6m high obscurely
glazed screening. This would result in an external space that would be a lot
less oppressive than exists presently and would offer greater levels of daylight
and outlook. Consequently, I find the proposal would improve the quality of
outdoor amenity space for occupiers of the appeal property.
15. I conclude, therefore, that the proposal would not have a harmful effect on the
living conditions of the occupiers of the host property, in accordance with
Policies DMG3 and DMA9 of the DMLP which seek to take into account the
relationships between buildings and existing residential amenities.
Other Matters
16. I note the concerns of neighbours regarding the potential for noise and
disturbance from the proposed construction works. However, I have no
substantive evidence that construction works would create undue noise and
disturbance and no reason to conclude that a condition restricting construction
hours is necessary given that there is other legislation to control such matters.
Conditions
17. A condition relating to the approved plans is necessary to provide certainty and
relating to materials to preserve the character and appearance of the BCCA.
Conclusions
18. For the reasons given above I conclude that the appeal should be allowed.
Jason Whitfield INSPECTOR
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