New roof extension, alterations to front and rear elevations at ground floor level. Roof extension forms two new rooms and adjacent bathroom. Ground floor alterations involve converting existing garage into a new kitchen. Roof extension to provide an additional storey of accommodation at third floor level. The roof extension would be built up vertically approximately 1.7m above the flat roof and would measure a maximum of 5.85m in width and 8.35m in depth set back
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Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 August 2020
by Patrick Hanna MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14th September 2020
Appeal Ref: APP/H5960/D/20/3246536
141B Chatham Road, London SW11 6HJ
• 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 Danny Chalkley against the decision of the Council of the
London Borough of Wandsworth.
• The application Ref 2019/3970, dated 11 September 2019, was refused by notice dated
4 December 2019.
• The development proposed is described as new roof extension, alterations to front and
rear elevations at ground floor level. Roof extension forms two new rooms and adjacent
bathroom. Ground floor alterations involve converting existing garage into a new
kitchen. Roof extension to provide an additional storey of accommodation at third floor
level. The roof extension would be built up vertically approximately 1.7m above the flat
roof and would measure a maximum of 5.85m in width and 8.35m in depth set back
from the existing eaves level. Two windows would face out from the rear elevation. At
the front a dormer window measuring 1.25m in height above the flat roof level, 4.6m in
width and 0.5m in depth would be located over part of the front roof slope and part of
the flat roof. At ground floor the conversion of the garage into a kitchen, with a new
window to replace the garage door. To the rear, the existing window and French doors
would be replaced with sliding folding doors across the width of the house.
Decision
1. The appeal is dismissed.
Procedural Matter
2. Following submission of the appeal, amendments to the Town and Country
Planning (General Permitted Development)(England) Order 2015 (the GPDO)
have come into force. Class AA sets out permitted development rights for the
construction of up to two additional storeys on an existing dwelling. The main
parties have provided comments, and I return to this matter below.
Main Issue
3. The main issues are the effect of the proposed roof extension on the:
• character and appearance of the host property and surrounding area; and
• living conditions of the occupants of No 4 Hughes Mews, with particular
regard to daylight and sunlight.
Reasons
Character and appearance
4. The appeal site is a three-storey, mid-terrace dwelling, of contemporary
design, with brick walls and pitched mansard roof, located some 8.75 metres
Appeal Decision APP/H5960/D/20/3246536
2
from the rear elevation of the three-storey terraced Hughes Mews. The effect of
the proposal would be to add a fourth storey roof extension, with vertical walls
to all sides, close to the facing windows of Hughes Mews.
5. The proposed roof design, with flat roof, vertical wood-polymer clad walls, and
box dormer window, would contrast sharply with the brick walls and pitched
mansard roof of the existing. The use of polymer cladding on the proposed roof
extension is extensive, unlike the existing building where a similar material is
limited to eaves detailing. Despite the set-back from the eaves, and
notwithstanding that the composition of the existing façade may well be
unchanged, the proposed roof form fails to take adequate architectural cues
from the existing building and would be out of keeping with its principal
elevation. The existing roofs to the principal and rear elevations are clearly
visible from vantage points along Chatham Road, and the principal elevation
would be particularly so when the trees are not in leaf. Consequently, the
proposed roof extension would also be highly visible when seen from the public
realm, notwithstanding the prominence of the existing projecting eaves.
6. Taken together, these factors would harm the character and appearance of the
host property and the surrounding area. Whilst Class AA of the GPDO supports
the principle of a roof extension, prior approval is still required in respect of the
external appearance of the dwelling, including the design and features of the
principal elevation of the dwelling. Furthermore, conditions require the roof
pitch to be the same as existing and exterior materials to be similar. As such,
any fallback position that may be offered by the GPDO would be less harmful
than the harm I have found above.
7. I therefore conclude that the proposed roof extension would have a significant
adverse effect on the character and appearance of the host property and
surrounding area. As such, the proposal conflicts with policies DMS1 and DMH5
of the Wandsworth Development Management Policies Document (2016), the
Wandsworth Housing Supplementary Planning Document (2016), and the
National Planning Policy Framework (the Framework). Together these require
the design of development to contribute positively to local spatial character.
Living conditions
8. Although the proposed roof extension would be set back slightly within the
existing roof, it would nonetheless significantly increase the overall height of
the existing building at the rear. Given the orientation of the proposed roof
extension to the west, and the proximity of the proposal to the Hughes Mews
building, my observations are that the increased height is likely to have an
adverse impact on daylight and sunlight reaching the lower windows of No 4. In
the absence of any evidence from the appellant to indicate that this would not
be the case, I am unable to conclude that the proposal would not be harmful to
living conditions.
9. Class AA of the GPDO requires prior approval in respect of impact on the
amenity of adjoining properties, therefore this offers no fallback position.
Nevertheless, even were the impact on living conditions acceptable, this would
not outweigh my above finding of harm in respect of character and appearance.
10. I conclude that the proposed extension would have a significant adverse effect
on the living conditions of the occupants of 4 Hughes Mews, with particular
reference to daylight and sunlight. The proposal therefore conflicts with policies
Appeal Decision APP/H5960/D/20/3246536
3
DMS1 and DMH5 of the Wandsworth Development Management Policies
Document (2016), the Wandsworth Housing Supplementary Planning
Document (2016), and the Framework, which together require that
development does not harm the amenity of occupiers of nearby properties.
Other matters
11. Whilst the appellant is concerned that the advice provided by the Council at
pre-application, application and decision notice stages was inappropriate, I am
nonetheless required to determine this S78 appeal proposal on its merits. The
benefits arising from more efficient and sustainable use of the building do not
outweigh the harm that the proposal would cause, nor does the appellant’s
need for more space whilst remaining in the area.
Conclusion
12. For the reasons given above, and having had regard to all other matters raised,
I conclude that the appeal should be dismissed.
Patrick Hanna
INSPECTOR
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