Erection of a single storey rear and 2-storey side and part rear extension

Appeal Decision Site visit made on 23 April 2018 by Gary Deane BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 08 May 2018 Appeal Ref: APP/Y5420/D/18/3194842 41 Avenue Road, Hornsey, London N6 5DF  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 Dr Julian Wijesuriya against the decision of the Council of the London Borough of Haringey.  The application Ref HGY/2017/3594, dated 21 August 2017, was refused by notice dated 16 January 2018.  The development proposed is the erection of a single storey rear and 2-storey side and part rear extension. Decision 1. The appeal is allowed and planning permission is granted for the erection of a single storey rear and 2-storey side and part rear extension at 41 Avenue Road, Hornsey, London N6 5DF in accordance with the terms of the application Ref HGY/2017/3594, dated 21 August 2017, subject to the conditions set out in the schedule to this decision. Main issues 2. The main issues are the effect of the proposed development, firstly, on the character and appearance of the local area; and secondly, on the living conditions primarily of the occupiers of 43 Avenue Road with particular regard to visual impact and sense of enclosure. Reasons 3. The appeal property is a 3-storey end terrace dwelling in a predominantly residential area wherein buildings vary in design, size and appearance. With its staggered front and rear building lines, flat roof, relatively large windows and timber cladding, the style and appearance of the terrace to which No 41 belongs is locally distinctive. The proposal is to enlarge No 43 with extensions to the side and rear of the main building, following the demolition and removal of the existing garage at the side of the dwelling. 4. The Council has recently granted planning permission for a similar form of development to the proposal, save for one element. Compared to the approved scheme, the new first floor rear extension would project outwards from the main rear wall by 4.5-metres, which would be 1.5-metres longer than its permitted counterpart. As there is nothing before me to indicate that the approved scheme could not be implemented, it is a realistic fallback position against which the proposal should be assessed. Appeal Decision APP/Y5420/D/18/3194842 2 5. The proposed development has been carefully designed to reflect the design of the host building. It would be proportionate in size and depth with a height and roof form that would be in keeping with the character of the existing dwelling. These features, coupled with the use of matching external materials and a consistent pattern of fenestration, would ensure that the appeal scheme would relate well to the host building. The overall scale and style of the proposal would reflect the host building itself, its period and its architectural ethos. Furthermore, a good-sized garden would remain with the new built form in place. As such, the new development would be a sympathetic addition. 6. The new first floor rear element would be no closer to the rear garden of the attached property, which is 43 Avenue Road, than the approved scheme. It would be longer and thus larger than the permitted extension and the additional built form would be evident from the rear of No 43. Nevertheless, the proposed flank wall at first floor level would be set back from the shared boundary between Nos 41 and 43 such that it would not be readily visible from the rear-facing windows of the attached property. The upper part of the new rear extension would be evident from the gardens at the back of some properties in the same block as No 41, the nearest of which is No 43. From this vantage point, the proposal would be set back from view and seen in the context of the main dwelling. As such, the presence of the new built form would not be so great or imposing as to visually dominate or overbear on the occupiers of No 43 nor would it unduly heighten a sense of enclosure. 7. The increased rearward projection of the first floor rear element would lead to a slightly greater level of overlooking of the adjoining rear gardens of the properties on either side of the site and a loss of natural light than if the approved scheme were to be constructed. However, in my experience, overlooking of this type is a common characteristic of the relationship between dwellings that stand side-by-side and the extra shadowing caused by the additional built form would be limited in extent and duration. To my mind, the additional overlooking and loss of light would have no significant impact on the living conditions of the occupiers on either side of the site. 8. On the main issues, I therefore conclude that the proposed development would not cause significant harm to the character and appearance of the local area or the living conditions of the occupiers of No 43 or others. Accordingly, it does not conflict with Policies 7.4 and 7.6 of The London Plan, Policy SP11 of the Haringey Local Plan or Policies DM1 and DM12 of the Council’s Development Management DPD. These policies aim to ensure that residential extensions are of a high quality and that development enhances and enriches the built environment, respects its local context and safeguards residential amenity. Conditions and conclusion 9. In addition to the standard time limit condition, it is appropriate to impose a condition to require that the development be carried out in accordance with the approved plans for certainty. A condition is also necessary to require matching external materials in the interests of achieving a satisfactory appearance for the finished building. Subject to these conditions, I conclude that, for the reasons given above, the appeal should be allowed. Gary Deane INSPECTOR Appeal Decision APP/Y5420/D/18/3194842 3 Appeal Ref: APP/Y5420/D/18/3194842 41 Avenue Road, Hornsey, London N6 5DF Schedule of conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Refs Sheet 01, Sheet 02, Sheet 03, Sheet 04, Sheet 05, Sheet 06, Sheet 07, Sheet 08 and Sheet 09. 3) 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.