Single storey garage extension
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Residential Amenity
Character & Appearance
Noise & Disturbance
Inspector’s Reasoning
Appeal Decision
Site visit made on 22 January 2020
by M Seaton DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 17 February 2020
Appeal Ref: APP/G5180/D/19/3240216
47 Court Farm Road, Mottingham, Bromley, SE9 4JN
• 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 Vasil Varenyck against the decision of the Council of the
London Borough of Bromley.
• The application Ref DC/19/02285/FULL6, dated 30 May 2019, was refused by notice
dated 15 August 2019.
• The development proposed is a single storey garage extension.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• the effect of the proposal on the character and appearance of the area; and,
• whether the proposed development would safeguard the living conditions of
the neighbouring occupiers of No. 15 Lulworth Road, having regard to
outlook.
Reasons
Character and appearance
3. The appeal site is occupied by a two-storey semi-detached dwelling located at
the junction between Court Farm Road and Lulworth Road. The property
possesses a large rear garden within which is located an existing garage which
is indicated to be approximately 4m from the boundary with Lulworth Road,
and is 3m wide and 5m deep. A further substantial detached structure is also
positioned within the rear garden.
4. The resultant garage building would be significantly increased in size to
dimensions of 4.9m width, 8.8m depth, and a height of 3.3m to eaves with a
maximum height of 4m. I acknowledge that it is proposed that the
development would utilise materials to match the existing building, although
the footprint of the proposed building would effectively be for the full width of
the appeal plot. Whilst I note that the front of the existing structure already
exceeds the front building line which is established on Lulworth Road, the
visual impact of the resultant building would be significantly greater due to the
footprint extending even further towards and to the edge of the pavement, and
Appeal Decision APP/G5180/D/19/3240216
2
due to the increased height and bulk of the structure. This would appear as a
significantly obtrusive and incongruous feature within the street scene.
5. For these reasons, the proposed development would result in a significant
adverse impact on the character and appearance of the street scene and area.
This would conflict with Policy 37 of the London Borough of Bromley Local Plan
2019 (the Local Plan), which seeks to ensure that development is of a high
standard of design and layout, is compatible with the surrounding area, and
positively contributes to the street scene.
Living conditions
6. The resultant building would be set on the boundary with No. 15 Lulworth
Road, and would extend to the pavement edge adjacent to the neighbouring
driveway. It is evident that whilst the resultant development would be visible
from first floor windows, its size would not impinge upon outlook to an
unacceptable degree from these windows. However, whilst the orientation of
the front elevation of the neighbouring dwelling means that the direct outlook
from the ground floor bay window would be across Lulworth Road towards
properties on the opposite side, the impact of the position, size and bulk of the
resultant building would be experienced from the ground floor bay window
within the periphery of the available outlook, and would have a limited adverse
impact for this reason.
7. For this reason, the proposed development would not safeguard the living
conditions of the neighbouring occupiers of No. 15 Lulworth Road, having
regard to outlook. This would not accord with Policy 37 of the Local Plan, which
sets out the need for development to respect the amenity of occupiers of
neighbouring buildings and occupiers.
Other Matters
8. Interested parties have raised additional concerns over the purpose and future
use of the proposed building, and whether its use would result in disturbance to
the immediate vicinity through noise, fumes, extra traffic, parking and
disruption. However, whilst I have had regard to these submissions, the
proposal has been applied for on the basis of an ancillary use to the residential
occupation of the existing dwelling, and in the absence of any definitive
evidence to support these concerns regarding the future use of the building,
the appeal has been assessed solely on the basis of it representing an ancillary
use.
Conclusion
9. For these reasons, and in the absence of any other compelling material
considerations, the appeal is dismissed.
Martin Seaton
INSPECTOR
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