Single storey rear extension
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 March 2020 by Thomas Courtney BA(Hons) MA
Decision by Andrew Owen MA BA(Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 30 March 2020
Appeal Ref: APP/U5930/D/19/3242758
40 The Crescent, Walthamstow, E17 8AB
• 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 Mohammad Yasin against the decision of London Borough of
Waltham Forest Council.
• The application Ref 192630, dated 6 August 2019, was refused by notice dated
10 October 2019.
• The development is a single storey rear extension.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
rear extension at 40 The Crescent, Walthamstow, E17 8AB, in accordance with
the terms of application Ref 192630, dated 6 August 2019 and the plans
numbered 020A, 021A, 022, 023 and 024.
Appeal Procedure
2. The site visit was undertaken by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Procedural Matter
3. The application was submitted retrospectively and during the site visit I
observed that the works have been carried out. Accordingly, I have considered
the proposal on this basis.
Main Issue
4. The main issues are:
o The effect of the development on the character and appearance of the area;
and
o the effect of the development on the living conditions of the occupiers of 38
The Crescent, with regard to outlook.
Reasons for the Recommendation
Character and appearance
5. The appeal site accommodates a two-storey, mid-terrace property on the
southern side of The Crescent within an established residential area
characterised by terraced housing. The extension which is proposed to be
Appeal Decision APP/U5930/D/19/3242758
2
retained is attached to a wrap-around single-storey extension. The area to the
rear of the appeal dwelling is typical of areas to the rear of properties in urban
areas, with various rear extensions, outbuildings, sheds and domestic
paraphernalia. The paved rear amenity space is small and abuts the rear
gardens of the terraced properties to the south on Markhouse Avenue. Both
direct neighbours at 38 and 42 The Crescent have single storey rear
extensions.
6. The development to be retained extends by around 2.4 metres from the rear of
the previous single storey extension. Although it adds to the total depth of
extensions at the site, I find it does not appear incongruous in this location due
to the number of rear extensions and outbuildings visible in the immediate
vicinity. Indeed, it ties in with the varied built form and jagged building line to
the rear of properties along The Crescent and Markhouse Avenue. The modest
scale of the extension also limits its visual impact. It thus does not appear
dominant and is not out of keeping with the character and urban grain of the
surrounding area.
7. Given the above, the development complies with Policy CS15 of the Waltham
Forest Local Plan- Core Strategy (the ‘Core Strategy’) as well as Policies DM4
and DM29 of the Waltham Forest Local Plan- Development Management
Policies (the ‘Local Plan’) which together seek to ensure proposals are well-
designed and respond positively to local context and character.
Living conditions
8. The rear extension abuts the common boundary with No.38. It is single storey
and flat-roofed and therefore of modest height. It is considered that the
development has not markedly changed the outlook from the rear of No.38.
Indeed, the height and depth of the development does not appear excessive
and does not have an intrusive visual impact. I find the development has not
created an adverse and dominant “tunnel” effect due to the presence of the
single storey rear infill extension at No. 38. Due to its modest scale the
development would thus not appear overbearing or obtrusive from the rear
elevation and garden of No.38 such that it would unacceptably disrupt the
outlook or living conditions of the occupiers.
9. Overall, I conclude there is no unreasonable impact on the living conditions of
the occupiers of 38 The Crescent with regards to outlook. The development
therefore accords with Policy CS15 of the Core Strategy and Policy DM32 of the
Local Plan which together aim to ensure new development is of good design,
well related to context, and respectful of the amenity of occupiers of
neighbouring buildings. This is consistent with the National Planning Policy
Framework (the Framework) which aims to ensure a high standard of amenity
for residents.
Other Matters
10. The single storey rear extension has reduced the amount of outside amenity
space available. However, there is still enough sitting-out space and functional
space available for private outdoor activities. Therefore, I do not find the
development has reduced the amount of outside amenity space available to
such an extent that it has adversely affected the living conditions of the
residents of the appeal property.
Appeal Decision APP/U5930/D/19/3242758
3
Conditions
11. The Council has suggested a number of conditions that it would wish to see
imposed in the event that the appeal was successful. I have considered the
suggested conditions against the advice on conditions set out in the Framework
and the Planning Practice Guidance.
12. I have not included the suggested condition relating to the commencement of
the development, as the development has clearly already been completed. For
the same reason, I have also not included the condition requiring the external
finishing materials match the main house. The relevant plans are included
within the terms of the decision.
Recommendation
13. For the reasons given above and having had regard to all other matters raised,
I recommend that the appeal should be allowed.
Thomas Courtney
APPEAL PLANNING OFFICER
Inspector’s Decision
14. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is allowed.
Andrew Owen
INSPECTOR
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