Two storey rear extension, single storey rear extension, pitched roof over existing flat roof loft conversion
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Extensions
Residential Amenity
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 June 2020
by Mr W Johnson BA(Hons) DipTP DipUDR MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 June 2020
Appeal Ref: APP/Z4310/D/20/3245989
36 Beechfield Road, Liverpool L18 3EH
• 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 Mrs Jennifer McMahon against the decision of Liverpool City
Council.
• The application Ref 19H/2345, dated 20 August 2019, was refused by notice dated
10 December 2019.
• The development proposed is described as: ‘Two storey rear extension, single storey
rear extension, pitched roof over existing flat roof loft conversion’.
Decision
1. The appeal is dismissed.
Procedural Matters
2. For clarity and precision, I have taken the name of the appellant from the
appeal form.
3. It is common ground between the main parties that the only element of the
appeal scheme in dispute is the single storey rear extension. I have therefore
dealt with the appeal on this basis.
Main Issue
4. The main issue of this appeal is the effect of the proposed development, in
particular the single storey rear extension, on the living conditions of the
adjoining occupiers at No 38 Beechfield Road.
Reasons
5. The host dwelling is a semi-detached house, which is sited in a northerly
direction to No 38, which is the adjoining house. My attention has been drawn
by the appellant to an existing conservatory and reference to a large tree. At
the time of my visit the large tree had recently been removed and only the
brick base of the conservatory was present, as its frame had also been
removed.
6. On the shared boundary in the rear garden of the host dwelling a concrete
post/panel fence with closed boarded timber panel infills was present from the
rear wall of the house, which then slightly stepped down to close boarded
timber fencing that extended a notable length on this shared boundary. The
adjoining property, No 38 appears handed when compared to the host
dwelling, thus having a similar set of patio doors to those that serve the dining
room in the host dwelling.
Appeal Decision APP/Z4310/D/20/3245989
2
7. The Council’s Supplementary Planning Guidance Note One 2001 (SPG) advises
that planning permission will not normally be granted for extensions which
project in excess of 3 metres from the original rear main wall of the dwelling
where it abuts the party boundary. The appellant asserts that the proposed
development will project less than what was originally there. Nonetheless, I
find that the proposed development will project further than the previous
conservatory and the guidance stipulated in the SPG. Whilst I do not consider
that the proposed development would give rise to unacceptable loss of day/sun
light, I do consider that the outlook from the closest habitable room windows at
No 38 would be significantly harmed to the detriment of its occupiers.
8. For all of these reasons, I therefore conclude that the proposed development
would unacceptably harm the living conditions of the occupiers at No 38. This
would be contrary to the living condition and amenity aims of ‘saved’ Policy H8
of the Council’s Unitary Development Plan 2002, the SPG, and the
requirements of the National Planning Policy Framework.
Other Matters
9. I acknowledge that the occupiers from No 38 have withdrawn their objection to
the planning application. However, local support is not sufficient in itself to
make the development acceptable and does not outweigh the policy conflict in
this instance.
10. I have also noted the appellant’s suggestion regarding the possibility of her
erecting a single storey extension and then a first-floor extension above and/or
incorporating a chamfered edge, but the likelihood and merits of such
proposals are not before this appeal. I have considered this appeal proposal on
its own merits and concluded that it would cause harm for the reasons set out
above.
Conclusion
11. Taking all matters into consideration, I conclude that the appeal should be
dismissed.
W Johnson
INSPECTOR
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