Single storey rear extension
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 27 September 2020 by Andreea Spataru BA (Hons) MA
Decision by Susan Ashworth BA (Hons) BPL MRTPI
an Inspector appointed by the Secretary of State
Decision date: 1 December 2020
Appeal Ref: APP/N5090/D/20/3248542
16 Russell Gardens, Golders Green, London NW11 9NL
• 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 Jonathan Rabson against the decision of the Council of the
London Borough of Barnet.
• The application Ref 19/6023/HSE, dated 7 November 2019, was refused by notice dated
3 January 2020.
• The development proposed is a single storey rear extension.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
rear extension at 16 Russell Gardens, Golders Green, London NW11 9NL in
accordance with the terms of application Ref 19/6023/HSE, dated 7 November
2019 and subject to the following conditions:
1. The development hereby permitted shall begin no later than three years
from the date of this decision.
2. The development hereby permitted shall be carried out in accordance
with the following approved plans: existing site plan U-XX-LP001;
existing plans U-XX-EP001; existing elevations U-XX-EE001; proposed
plans U-XX-PP001 Rev 1; proposed elevations U-XX-PE001 Rev 1.
3. The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match those used in the existing
building.
4. The roof of the extension hereby permitted shall only be used in
connection with the repair and maintenance of the building, and shall at
no time be converted to or used as a balcony, roof garden or similar
amenity or sitting out area.
Preliminary matter
2. Planning permission has been granted1 for a single storey rear extension that
has a smaller projection beyond the existing rear elevation, along the northern
side boundary, than the proposal before me. I have had regard to it in so far as
it relates to the appeal scheme.
1 Application ref: 19/3671/HSE
Appeal Decision APP/N5090/D/20/3248542
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Appeal Procedure
3. 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.
Main Issues
4. The main issues are the effect of the proposal on the:
• character and appearance of the host dwelling and surrounding area; and
• the living conditions of the occupiers of neighbouring property No 18 Russell
Gardens, with particular regard to loss of outlook and overshadowing.
Reasons for the Recommendation
Character and appearance
5. The appeal relates to a semi-detached dwelling located within a residential
area, which is largely defined by semi-detached properties. The pairs of semi-
detached dwellings are offset in relation to each other as they follow the curve
of the road. The appeal dwelling, as well as the adjoining properties, have two
storey outriggers to the rear. Nos 14 and 16 also have single storey rear
extensions that project beyond the rear elevations of the two-storey elements.
6. The proposed single storey flat-roofed rear extension would have a rectangular
shape and would extend beyond the existing rear elevation by approximately
3.5m. It differs from the approved scheme, as it would involve an additional
rearward projection of approximately 1.5m along the northern side boundary,
which is shared with No 18 Russell Gardens.
7. The additional massing of the proposed extension, when taken cumulatively
with that of the existing extension, would represent a substantial addition to
the rear of the original dwelling. Notwithstanding this, given the overall scale of
the original dwelling, the single storey nature of the extension, its limited
height, and siting in relation to the host dwelling, the proposal, when
considered along with the existing extension, would appear as a proportionate
and subservient addition.
8. Whilst No 18 does not currently have a single storey rear extension, there are
single storey elements that extend along the side boundary shared with the
appeal property, and project beyond the existing building line of No 16. As
such the proposal would not appear out of keeping when viewed within the
context of the rear gardens of the neighbouring properties. The secluded
position of the proposed extension would ensure that the proposal would have
a neutral effect on the character and appearance of the street scene and the
surrounding area.
9. Accordingly, whilst I acknowledge there would be a degree of conflict with the
Local Plan Supplementary Planning Document: Residential Design Guidance
(RDG), regarding the overall depth of the single storey rear extension, I
conclude that the appeal development would not adversely affect the character
and appearance of the host dwelling or the surrounding area. Therefore, the
development would not conflict with Policy DM01 of the Barnet’s Local Plan
(Development Management Policies), and Policy CS5 of the Barnet’s Local Plan
Appeal Decision APP/N5090/D/20/3248542
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(Core Strategy), which collectively require, amongst other things, that new
developments preserve or enhance the appearance, scale, mass, height and
pattern of surrounding buildings.
Living conditions
10. The rear outrigger of No 18, which is located next to the side boundary shared
with the appeal property, has a high-level window on the rear elevation, which
appears to serve a non-habitable room. The two-storey rear outrigger of No 18
is extended by a single storey element and an outbuilding that project along
the side boundary shared with the appeal site. These elements together with
the boundary treatment between Nos 16 and 18, which consist of timber fence,
hedge row, trees and other vegetation, provide a good level of screening.
11. The original staggered arrangement of the rear building line of Nos 16 and 18
has been exacerbated by the existing extension. The proposal would further
increase the stagger, and would be located to the south west of No 18.
Notwithstanding this, given the height of the proposed extension, which would
be lower than that of the existing single storey rear extension, and the existing
screening between the properties, the proposal would not be overbearing or
adversely affect the outlook for No 18, nor result in a sense of enclosure.
Likewise, the levels of overshadowing would not be increased to a detrimental
degree. Accordingly, the proposal would not result in significant harm to the
living conditions of the occupiers of No 18.
12. In the light of the above, I conclude that the appeal development would not
adversely affect the living conditions of the occupiers of neighbouring property
No 18, with regard to loss of outlook and overshadowing. Consequently, the
development would not conflict with Policy DM01 of the Barnet’s Local Plan
(Development Management Policies), and Policy CS5 of the Barnet’s Local Plan
(Core Strategy), which collectively require, amongst other things, that new
developments are designed to allow for adequate daylight, sunlight and outlook
for adjoining and potential occupiers and users, and protect the gardens of
residential properties. The proposal would also accord with the guidance
contained within the RDG regarding the protection of neighbours’ amenity.
Conditions and Recommendation
13. In the interests of proper planning and to provide certainty I have
recommended the standard time limit condition and have specified the
approved plans. In order to protect the character and appearance of the area,
a condition that specifies that matching materials are used in the development
is necessary. To ensure that the amenities of the occupiers of adjoining
properties are not prejudiced by overlooking, a condition requiring the roof of
the extension hereby permitted to the used only in connection with the repair
and maintenance of the building is necessary. These conditions have also been
suggested by the Council in the event that the appeal was allowed.
14. For the reasons given above and having had regard to all other matters raised,
I recommend that the appeal should be allowed subject to these conditions.
Andreea Spataru
APPEAL PLANNING OFFICER
Appeal Decision APP/N5090/D/20/3248542
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Inspector’s Decision
15. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the appeal is allowed.
Susan Ashworth
INSPECTOR
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