Proposed development is described on the application forms as ‘retention of hardstanding and associated alterations
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Heritage & Conservation
Character & Appearance
Trees & Landscape
Inspector’s Reasoning
Appeal Decisions
Site visits made on 6 July 2020 by C Brennan BAE (Hons) M.PLAN MIPI
Decisions by Andrew Owen BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 4th August 2020
Appeal A: APP/T5150/D/20/3248690
67 Exeter Road, London NW2 4SE
• 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 & Mrs Dipesh and Susanna Patel against the decision of the
Council of the London Borough of Brent.
• The application Ref 19/3800, dated 24 October 2019, was refused by notice dated
20 December 2019.
• The proposed development is described on the application forms as ‘retention of
hardstanding and associated alterations’.
Appeal B: APP/T5150/D/20/3248693
67 Exeter Road, London NW2 4SE
• 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 & Mrs Dipesh and Susanna Patel against the decision of the
Council of the London Borough of Brent.
• The application Ref 19/3801, dated 24 October 2019, was refused by notice dated
17 December 2019.
• The development is described on the application forms as retention of front door.
Decisions
1. Appeal A is allowed and planning permission is granted for hardstanding, front
boundary wall and associated landscaping, proposed alterations including
erection of fences to side and landscaping to front of dwellinghouse at 67
Exeter Road, London NW2 4SE, in accordance with the terms of the application,
Ref 19/3800, dated 24 October 2019, subject to the following condition:
1. The development hereby permitted shall be carried out in accordance with
the following approved plans: 06.940.01, Proposed Street Scene from Exeter
Road and Proposed Front Garden, except in respect of the front door and
adjoining window shown on both plans.
2. Appeal B is dismissed.
Appeal Procedure
3. The site visits were undertaken by an Appeal Planning Officer whose
recommendations are set out below and to which the Inspector has had regard
before deciding the appeals.
Procedural Matters
4. The appeals are linked insofar as they relate to the same site and raise similar
issues. Having considered all of the information submitted, I am satisfied that
there is sufficient commonality to enable me to consider them in a single
document and so I have dealt with them on that basis.
Appeal Decisions APP/T5150/D/20/3248690 & APP/T5150/D/20/3248693
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5. For Appeal A, the description of the proposal as set out in the formal decision
above has been taken from the decision notice rather than the application
form. This is because the description on the decision notice more
comprehensively accounts for each element of the proposed works.
6. Also regarding Appeal A, I note that some of the works have already been
carried out. However, as the proposal seeks to further modify some of these
elements and introduce new elements entirely, such as the soft landscaping
around the bay window, I have considered this appeal on the basis of the
proposed drawings.
7. Regarding Appeal B, I observed that the development had already been
implemented during my site visit. I have provided my recommendation for
Appeal B on the basis that the appeal relates to a retrospective development.
Main Issue
8. The main issue in both appeals is the effect of the developments on the
character and appearance of the site and the surrounding area, which includes
the Mapesbury Conservation Area.
Reasons for the Recommendation
9. The appeal site accommodates a two-storey detached dwellinghouse on the
eastern side of Exeter Road. The northern side of the front driveway features
adequate parking for a single vehicle, while the southern side features a
separate pedestrian access to the front door with soft landscaping along both
sides. The appeal site is situated within the Mapesbury Conservation Area,
whose significance is largely derived from the high-quality architecture of its
buildings, including in the detailing, the scale of the houses and its verdant,
coherent townscape.
10. Properties along the street are primarily characterised by their front gable
projections and front driveways, with low brick walls along the front
boundaries. While the streetscene therefore has a broadly cohesive
appearance, I observed during my site visit that there was some variation in
the arrangement, materiality and landscaping of each individual front driveway
and its associated front boundary wall. Within this context, the proposed works
to the front garden subject of Appeal A would not appear overtly incongruent
as they would retain and introduce an adequate amount of soft landscaping
albeit dotted around the front garden, which would respect the setting and
appearance of the host dwelling, as well as that of the broader streetscene.
Indeed, it appears the amount of hardstanding proposed would be less than
what had previously been in place. Furthermore, as neighbouring properties
have similarly sized areas of hardstanding which are varied in terms of their
materiality, this element of the proposal would be acceptable.
11. In addition, as I observed that several front boundary treatments within the
street included a wall opening for a separate pedestrian access, I do not
consider that this element of the proposal would appear especially out-of-
keeping with the established character and appearance of the street. Also,
during my site visit, I did not consider that the front boundary wall appeared
unstable, nor has any evidence been provided by the Council to suggest that
this is the case. In any case, I find its red-brick and stone coping materiality
Appeal Decisions APP/T5150/D/20/3248690 & APP/T5150/D/20/3248693
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and appearance to be comparable to other front boundary walls seen along the
street, and so this aspect of the proposal is acceptable
12. The Council refer to an appeal at 85 Dartmouth Road. However, the details and
circumstances of this appeal are not before me. Regardless, each appeal must
be considered on its own merit, and on this basis I have found that the
proposal would be acceptable for reasons set out above.
13. Although I note the concerns of a neighbour that the size and height of the
hedges that have already been planted onsite would cause unacceptable harm
in terms of light and security when fully grown, I consider such concerns would
be addressed by standard maintenance.
14. For the above reasons, I conclude that the proposed development would not
cause harm to the character and appearance of the site, surrounding area and
Mapesbury Conservation Area whose significance would be preserved. The
proposed development would therefore comply with Policies DMP 1 and DMP 7
of the Development Management Policies (2016), which broadly require that
development proposals should be designed to the highest standards and should
preserve and enhance the significance of heritage assets. The proposed
development would also broadly comply with the Mapesbury Conservation Area
Design Guide (2018), which states that any alterations to front gardens should
be designed to be in keeping with the character of the property and the street.
15. With regard to Appeal B, as stated above, properties along Exeter Road have a
coherent appearance, which forms part of the significance of the broader
Mapesbury Conservation Area. The coherence of the streetscene extends to the
appearance of the front doors and porches of individual properties, which are
generally traditional in their design and often feature fanlights or hall windows.
In the case of the development, the replacement door has a distinctly modern
appearance which is clearly visible from the adjacent pavement. While the
materiality and muted colour of the door are acceptable, the increased height
and width of the door has resulted in the loss of a fanlight and one of the hall
windows. Due to the loss of these features, the development detracts from the
appearance of the host building and contrasts poorly with the established
character of the street, particularly when considered alongside No. 69 which
appears to have retained its original door and fanlight. The development
therefore causes unacceptable harm to the character and appearance of the
site and, as the development undermines the coherence of the local townscape,
it fails to preserve or enhance the character and appearance of the surrounding
area and so causes unacceptable harm to the significance of the Mapesbury
Conservation Area.
16. The appellant has drawn my attention to large doors at Nos. 46 and 47 Exeter
Road. However, as these doors did not result in the loss of a fanlight, they are
not directly comparable to nor provide sufficient justification for the
development. The front porch door to No. 73 Exeter Road has not resulted in
alterations to the original door of the property, and so is also distinct from the
development. Regardless of the materiality of the front door to No. 32 Exeter
Road, this does not provide justification for the development as the house is of
a very different design. Nos. 178 and 181 Walm Lane relate to an entirely
different streetscene so do not set any strong precedent for the development.
In any case, these few examples, in relation to the number of houses in the
conservation area that have retained their original doors, do not greatly affect
Appeal Decisions APP/T5150/D/20/3248690 & APP/T5150/D/20/3248693
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the overall cohesiveness of the conservation area provided by the retention of
original entrances.
17. The appellant has provided two alternative designs that they suggest could be
secured by condition. However, neither of these alternatives would overcome
the issues raised above. Furthermore, I am not convinced that the vegetation
and trees within the front driveway would eventually obscure the appearance of
the door, nor do I find that this would sufficiently mitigate the harm that the
door causes to the character and appearance of the host building, streetscene
and broader Conservation Area for the reasons stated above.
18. For the above reasons, I conclude that this development causes harm to the
character and appearance of the site and surrounding area. Furthermore, it
fails to either preserve or enhance the special interest of the Mapesbury
Conservation Area, and so causes unacceptable harm in this regard. The
development therefore conflicts with Policies DMP 1 and DMP 7 of Development
Management Policies (2016), as set out above. This development also conflicts
with the Mapesbury Conservation Area Design Guide (2018), which states that
any replacement door should match the character of the area.
19. The harm to the special interest of the Mapesbury Conservation Area is less
than substantial. However, there are no public benefits that outweigh this
harm.
Other Matters
20. I note the personal statement provided by the appellant. While I sympathise
with the background circumstances outlined in this statement, these factors do
not justify the works to the front door and the identified harm it causes.
21. As neither development relates to basement development, I find that there is
no conflict with the Council’s Basement SPD (2017) quoted in their decision
notices.
Conclusions and Recommendations
22. For the reasons given above and having had regard to all other matters raised,
I recommend that Appeal A should be allowed, but that appeal B should be
dismissed
Conditions
23. As suggested by the Council, I have imposed a condition requiring that the
scheme be built in accordance with the approved plans for the avoidance of
doubt. However, I have specified that this does not apply to the front door and
adjoining window as shown on the approved drawings, as this element has
been considered separately as part of Appeal B.
C Brennan
APPEAL PLANNING OFFICER
Inspector’s Decisions
24. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis Appeal A is allowed and Appeal B is dismissed.
Appeal Decisions APP/T5150/D/20/3248690 & APP/T5150/D/20/3248693
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Andrew Owen
INSPECTOR
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