Single storey rear pitched roof addition and first floor side addition above the existing garage
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Parking Provision
Residential Amenity
Highways & Transport
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 April 2018
by Rory MacLeod BA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 03 May 2018
Appeal Ref: APP/V1505/D/18/3196111
10 The Lindens, Langdon Hills, Basildon SS16 6RP
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 Kenny Breeze against the decision of Basildon District
Council.
The application Ref 17/01731/FULL, dated 6 December 2017, was refused by notice
dated 15 January 2018.
The development proposed is a single storey rear pitched roof addition and first floor
side addition above the existing garage.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
rear pitched roof addition and first floor side addition above the existing garage
at 10 The Lindens, Langdon Hills, Basildon SS16 6RP in accordance with the
terms of the application, Ref 17/01731/FULL, dated 6 December 2017, and the
plans submitted with it, subject to the following 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: 101, 102, 103, 104, 105 and 106.
3) The external surfaces of the development hereby permitted shall be
constructed in materials to match the existing dwelling.
4) Demolition or construction works shall take place only between hours of
0700 -1900 on Mondays to Fridays, 0800 – 1900 on Saturdays, and shall
not take place at any time on Sundays or on Bank or Public Holidays.
Main Issue
2. The main issue is the adequacy of on-site parking arrangements and the effect
of the development on highway safety.
Reasons
3. The appeal property is a detached house in a modern estate of houses
arranged informally around short roads. It is located close to the end of a cul-
de-sac close to a turning head that leads to a vehicular crossover serving off
street parking for nos. 10, 12 and 14 The Lindens. There is a garage to the side
of the house set well behind the frontage with hard standing areas in front of
this and forward of the main wall to the house.
Appeal Decision APP/V1505/D/18/3196111
2
4. The Council does not object to the proposed single and first floor extension in
respect of its impact on the living conditions of the occupiers of neighbouring
dwellings or on the character and appearance of the area. I have no reason to
disagree with these findings.
5. The Council’s concerns relate to the consequent shortfall of on-site parking and
possible harm arising from additional on-street parking as the proposal involves
the conversion of the garage to living accommodation. Policy BAS BE12 of the
Basildon District Local Plan Saved Policies (2007) (LP) states “Planning
permission for new residential development, and for the alteration and
extension of existing dwellings, will be refused if it causes material harm in any
of the following ways:- v. Traffic danger or congestion”.
6. The Essex County Council Parking Standards Design and Good Practice
Supplementary Planning Document (2009) recommends two on-site parking
spaces with dimensions of 5.5 metres by 2.9 metres are provided for a dwelling
containing two or more bedrooms, such as the appeal site. The Highway
Authority acknowledges that the dimensions of the garage do not meet these
requirements but the garage was included as part of the on-site parking
allocation at the time the house was built. There is only one space on the
remaining hard standing areas that complies with the recommended
dimensions and so there is a deficit of one on-site parking space.
7. The planning application form indicates that the proposal would not affect
existing car parking arrangements at the site. At the time of my site visit, the
garage was occupied by domestic appliances, bikes, garden equipment and
tools; it did not give the impression of being regularly used for parking. The
appellant’s submissions show a photograph of two cars being parked on the
frontage, one in front of the garage on the full sized space and the other in
front of the house on an irregularly shaped area adequate for a relatively small
car to be parked within the curtilage. Whilst this arrangement may suffice for
the present occupiers of the site, it is necessary to consider the needs of future
occupiers and if any harm to the highway would arise from alternative parking
arrangements.
8. The vehicle crossover at the end of the turning head in front of the appeal site
leads to a circulation area shared by nos. 10, 12 and 14 The Lindens. The hard
stand in front of no. 10 is large enough for the parking of a medium sized car
without obstructing the access to the garages at no. 12. A larger car or a third
car would need to be parked on the highway. The carriageway to The Lindens
adjacent to the site is relatively narrow and there is not a separate footway. At
the time of my site visit there was one car parked to the side of the road but
capacity for several more to be parked without unduly restricting the width of
the carriageway. The site is towards the end of a cul-de-sac, so the volume of
traffic using the road would be low.
9. Having regard to site circumstances, it is likely that householder parking
demands would continue to be met by on-site parking arrangements. But even
if some on-street parking were to result, this would be unlikely to have a
material effect on highway safety in the vicinity of the site. The identified
shortage of on-site parking provision would not therefore result in any conflict
with Policy BAS BE12 of the LP.
10. In reaching these findings I have noted the comments from a local resident and
that no objection is raised on parking grounds.
Appeal Decision APP/V1505/D/18/3196111
3
Conclusion
11. For the reasons given and having regard to all matter raised the appeal is
allowed. I shall grant planning permission subject to conditions necessary to
limit the duration of the permission to not exceed three years, to list the plan
numbers in the interests of certainty, to require the use of matching materials
to secure a satisfactory appearance and to control working hours to safeguard
the living conditions of the occupiers of adjoining dwellings. I have not inserted
conditions suggested by the Council’s Environmental Health Officer in relation
to dust suppression and waste disposal having regard to the limited scale of the
proposed development and to the existence of separate controls to mitigate
nuisance in relation to these matters.
Rory MacLeod
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.