Replacement front porch, side extension with garage and rear extension with loft space conversion
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 December 2019
by S J Papworth DipArch(Glos) RIBA
an Inspector appointed by the Secretary of State
Decision date: 8 January 2020
Appeal Ref: APP/C1435/D/19/3240810
101 Marshfoot Lane, Hailsham BN27 2RD
• 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 Neil Stone against the decision of Wealden District Council.
• The application Ref WD/2019/1229/F, dated 5 June 2019, was refused by notice dated
4 October 2019.
• The development proposed is replacement front porch, side extension with garage and
rear extension with loft space conversion.
Decision
1. I dismiss the appeal.
Main Issues
2. These are;
• The effect of the proposal on the character and appearance of the area.
• The effect of the proposal on the living conditions of neighbouring
residential occupiers with particular regard to outlook.
Reasons
Character and Appearance
3. Saved Policy EN27 of the adopted Wealden Local Plan 1998 sets out design and
layout criteria for development which is to respect the character of adjoining
development and be to a high standard of design. The extension and alteration
of existing dwellings within the development boundaries will be permitted
under Policy HG10 where the scale, style, design and materials are appropriate
and sympathetic in relation to the existing buildings. Policy BED1 of the
submission Wealden Local Plan 2019 proposes similar requirements. The
Council has also referred in the Reason for Refusal to the Wealden Design
Guide 2008.
4. Paragraph 124 of the 2019 National Planning Policy Framework states that
good design is a key aspect of sustainable development, creates better places
in which to live and work and helps make development acceptable to
communities.
5. Marshfoot Lane is a long cul-de-sac and in the vicinity of the appeal site has
mixed residential development on the north side, backing onto open
countryside, and playing fields on the south side. The mix of development
Appeal Decision APP/C1435/D/19/3240810
2
includes detached and semi-detached houses and detached bungalows such as
the appeal property and its neighbour at 103. That neighbouring property has
been subject to significant development not shown on the appeal Block Plan
but referred to in the Council Report and clearly seen at the site inspection.
Similarly, an extension in the course of construction at the other neighbouring
dwelling, number 99, projects to the rear close to the mutual boundary.
6. The appellant is of the view that historically other bungalows along the road
have been demolished and replaced with houses, and considering the age and
style of many, that may well be the case, and would be an option here, subject
to the Development Plan policies on such work and the effects. As it is, the
two bungalows at the appeal site and number 103 share similarities, albeit the
development next door has altered some features at the front and more
particularly, to the rear with a large, full width extension. As pointed out by
the appellant, there are numerous other rear extensions in the area.
7. The appeal proposal is in two parts and the replacement porch would appear to
be similar to that in place at number 103 and having mind to the variety
already in place along the front elevations on the road, this part would be
acceptable. The other part would be an extension to the side and rear, having
removed the existing garage and building a replacement in line with the front
elevation of the bungalow, and projecting to the rear close to the boundary
with number 99, to provide 2 floors of accommodation, the upper floor partly
within the roof with a high eaves level to allow a reasonable useable floor area.
8. The existing front roof plane would be extended and incorporated into the new
hip end, resulting in a high asymmetrical ridgeline above the present one,
appearing out of balance with that of the small bungalow remaining on the east
side of the front elevation. Whilst the eaves to the front would remain as at
present, this would be raised along both sides, with an area of brickwork above
the side garage window and those to a utility room and study on the more
visible west side. This arrangement would appear poorly proportioned and
unattractive. To the rear the extension would be terminated by a first-floor
balcony and a slight overhang to the roof, said to prevent overlooking, and that
was not a matter objected to in the Reason for Refusal.
9. It is appropriate to consider the completed extension at the neighbouring, and
one-time similar, bungalow at number 103. In that case a sizeable addition
has been successfully incorporated within the street-scene through controlling
the height of the rear roof ridgeline and eaves, both appearing to be similar to
that of the original bungalow.
10. To conclude on this issue, the high roof visible at the front and the high eaves
line on the west side, which would remain visible albeit in more restricted views
once the next door addition in completed, would appear out of scale and
disruptive to the character and appearance of the street-scene, and would not
reach the standard of design and layout sought in Policies EN27 and HG10, and
proposed to be carried forward in emerging Policy BED1. The aims of the
Design Guide and the Framework on good design would not be met.
Living Conditions
11. Development should not create an unacceptable adverse impact on the
amenities of adjoining development by reason of scale, height and form, as set
out in Policy EN27. Policy HG10 states that there should be no significant
Appeal Decision APP/C1435/D/19/3240810
3
adverse effect on the amenities of neighbours through the extension or
alteration of a dwelling. Paragraph 127f of the Framework seeks a high
standard of amenity for existing and future users.
12. As stated above, the side wall would be projected back close to the boundary
with the house to the west, and the high eaves line and amount of brickwork
above the windows would present a tall vertical face along this line, before the
roof plane slopes away from the boundary. However, the neighbouring house
is in the process of building an extension along a line close to that boundary,
although extending less deep than is proposed here (Ref; WD/2017/0521/F).
This means that what might have been open garden land or patio would now
be covered with building, limiting the area of that neighbouring garden where
the outlook would be affected.
13. Although the shortcomings in the design identified in the first main issue would
be closely apparent over that part which would project beyond, the slight
adverse impact would not be unacceptable, and having mind to the otherwise
very open prospect over fields and the more immediate garden, would not be
contrary to Policies EN27 and HG10.
Other Considerations and Conclusions
14. The appellant refers to the addition being able to allow a near relative with
developing health and care needs to live here, and that would relieve pressure
on public services. However, the proposal is for a permanent building and it
would likely remain in place, as would the harm it causes, long after the need
has ceased. In the balance, the harm caused to the character and appearance
of the area and the failure to accord with Development Plan policies, guidance
and national planning policy outweighs the more temporary benefits.
15. Although the proposal would not cause planning harm to the living conditions
of neighbouring occupiers, the design does not reach the standard sought and
for the reasons given above it is concluded that the appeal should be
dismissed.
S J Papworth
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.