Erection of a front porch
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Residential Amenity
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 February 2018
by Matthew Birkinshaw BA(Hons) Msc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15th March 2018
Appeal Ref: APP/Z4718/D/18/3194160
12 George Street, Crosland Moor, Huddersfield, HD4 5AR
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 Mrs Akhtar against the decision of Kirklees Metropolitan Borough
Council.
The application Ref 2017/62/93793/W, dated 2 November 2017, was refused by notice
dated 21 December 2017.
The development proposed is the erection of a front porch.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
The effect of the proposal on the streetscene within George Street; and
The effect of the proposal on the living conditions of the occupants of 10
and 14 George Street, having particular regard to outlook and sunlight.
Reasons
Streetscene
3. The appeal relates to a traditional 2-storey mid-terrace house. As part of the
proposal a new porch would be erected to provide additional living space.
Measuring roughly 3m deep by approximately 4.3m wide the extension would
run the full width of the front elevation.
4. Despite its set-back from the pavement, the host property is elevated above
street level. The proposed extension would therefore be a clearly visible and
prominent addition to the front elevation. When viewed in the context of an
otherwise largely traditional terrace, its size, siting and design would represent
an unsympathetic and uncharacteristic addition. The use of matching materials
would not mitigate the incongruous appearance of the porch, which would be
harmfully out of place in this location.
5. I appreciate that the proposal would provide additional living space for a
growing young family and improve daylight and ventilation. The appellant
states that it would also add value to the property. Nevertheless, the benefits
do not justify granting planning permission for such an uncharacteristic
development that would contrast so significantly with its surroundings.
Appeal Decision APP/Z4718/D/18/3194160
2
6. I therefore conclude that due to its size and siting the proposal would fail to
respect the design features of adjacent buildings and would detract from the
streetscene within George Street. As a result, it conflicts with Kirklees Unitary
Development Plan (‘UDP’) Policies BE1, BE2 and BE13 which, amongst other
things, require development to be visually attractive, in keeping with its
surroundings and respect the design features of adjacent buildings. For the
same reasons the proposal also conflicts with UDP Policies BE14 and D2 which
permit new development provided that it does not have a detrimental effect on
visual amenity. Of the policies referred to by the Council these are the most
relevant.
Living Conditions – 10 and 14 George Street
7. By extending the full width of the front elevation the appeal proposal would be
clearly visible from the adjacent ground floor window at 14 George Street,
which the Council describes as less than 1m away. The relationship between
the window and the proposed extension, combined with its height and depth,
would result in a visually intrusive and dominating form of development.
Although the existing occupiers have not objected, and no concerns have been
raised regarding privacy, I consider that the imposing appearance of the
scheme would be harmful to the outlook from no.14.
8. The relationship with no.10 is different. Despite being at a lower level the
intervening doorway would separate the extension from the ground floor
window on the front elevation. Views from the first floor window would also be
unaffected. As a result, it would not dominate the outlook from no.10. In
addition, because the front of the terrace is orientated towards the north-east
the proposal would only cause a very limited loss of sunlight during the early
parts of the day. Based on the evidence provided its size and scale would not
be sufficient to cause any significant overshadowing. Situated to the south of
the porch no material loss of sunlight would occur at no.14 either.
9. I therefore conclude that by reason of its size and siting the proposal would
prejudice the outlook from 14 George Street, to the detriment of the
occupant’s living conditions. As a result, it conflicts with UDP Policies BE14 and
D2 which, amongst other things, permit new development provided that it does
not prejudice residential amenity.
Other Matters
10. I note that the appellant has tried to reach a compromise with the Council by
offering to reduce the size of the extension. However, I am required to
consider the submitted scheme on its merits, having regard to the development
plan and other material considerations, and I have determined the appeal on
that basis.
Conclusion
11. For the reasons given above, and having had regard to all other matters raised,
I conclude that the appeal should be dismissed.
Matthew Birkinshaw
INSPECTOR
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