First Floor Side Extension, Single Storey Rear Extension with balcony above, Porch Alterations, Internal Refurbishment, Altered Hard Landscaping & Facade alterations

Appeal Decision Site visit made on 23 May 2018 by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI an Inspector appointed by the Secretary of State Decision date: 29 May 2018 Appeal Ref: APP/B1740/D/18/3197534 5 The Boltons, Milford on Sea, Lymington SO41 0PU  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 & Mrs White against the decision of New Forest District Council.  The application, Ref. 17/11485, dated 24 October 2017, was refused by notice dated 15 December 2017.  The development proposed is a First Floor Side Extension, Single Storey Rear Extension with balcony above, Porch Alterations, Internal Refurbishment, Altered Hard Landscaping & Facade alterations. Decision 1. The appeal is allowed and planning permission is granted for a First Floor Side Extension, Single Storey Rear Extension with balcony above, Porch Alterations, Internal Refurbishment, Altered Hard Landscaping & Facade alterations at 5 The Boltons, Milford on Sea in accordance with the terms of the application, Ref. 17/11485, dated 24 October 2017, 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 shall be carried out in accordance with the following approved plans: Drawing No. Series 521: Block Plan; Site Plan; PL001; PL002; PL003; PL004; PL005; PL006; PL007; SU.001; SU002; SU.003; SU.004; SU.005; SU006; SU.007; 3) Prior to the commencement of the development, samples or exact details of the facing and roofing materials to be used shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Main Issues 2. The main issues are (i) the effect of the first floor side extension on the use of the adjoining public footpath, and (ii) the effect on the living conditions for the occupiers of No. 2 The Boltons as regards outlook. Reasons 3. On the first issue, the Council considers that the first floor side extension would result in an undue sense of enclosure for users of the adjoining public footpath Appeal Decision APP/B1740/D/18/3197534 2 that links the cul-de-sac of The Boltons to a grassed and treed public amenity area at the rear of Nos. 5-7 The Boltons. 4. However, at the present time the flank ground floor wall and the rear garden wall of the appeal dwelling already adjoin the footpath and the height of both are above the eye line of a passer-by, in particular the former. As a user of the footpath would be much more likely to look forward or down to see where they were going rather than look upwards, I consider the addition would make little if any difference to the amenity of the footpath. 5. In any event, this is a short path before it opens out at each end and any sense of enclosure would be extremely short lived and, as it is now, due much more to the hedge / bushes that are overgrowing the footpath. Overall, and taking account of the comments of the occupiers of No. 1, I see no reasonable planning objection as regards this matter. 6. On the second issue, the extension would be for a hipped roof and this would slope away from the rear windows and garden of No. 2 with its apex no higher than the existing roof of the appeal dwelling. A valid objection in terms of loss of outlook normally relates to when a substantial element of the sky from a window or garden is obstructed by a development, and whilst there might have been an arguable case with the gable end in the scheme as first proposed, I do not consider this applies to the amendment. The Design and Access Statement submitted with the application refers to the technical tests that appear to support this conclusion. 7. As my finding on each issue is favourable to the appellant, there would not be a conflict with Policy CS2 of the Core Strategy for the New Forest District outside the National Park 2009 or the core planning principles and Section 7: ’Requiring Good Design’ of the National Planning Policy Framework 2012. I shall therefore allow the appeal subject to a condition to require the development is carried out in accordance with the approved plans for the avoidance of doubt and in the interests of proper planning. A condition in respect of external materials will safeguard the appearance of the dwelling and the visual amenity of The Boltons street scene and the adjoining area. Martin Andrews INSPECTOR