To extend the existing single storey extension to two storeys and add a dormer on the other side of the house with loft conversion
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Extensions
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 November 2020 by Ifeanyi Chukwujekwu BSc MSc MIEMA
CEnv AssocRTPI
Decision by Chris Preston BA (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 November 2020
Appeal Ref: APP/H4505/D/20/3261008
16 Rockwood Gardens, Greenside, Ryton, Gateshead NE40 4BB
• 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 David Shipman against the decision of Gateshead Council.
• The application Ref DC/19/00965/HHA, dated 15 September 2019, was refused by
notice dated 18 September 2020.
• The development proposed is to extend the existing single storey extension to two
storeys and add a dormer on the other side of the house with loft conversion.
Decision
1. The appeal is dismissed insofar as it relates to the dormer window to the front
elevation. The appeal is allowed insofar as it relates to the extension at first
floor level above the existing single storey extension at the rear and planning
permission is granted for the extension at first floor level above the existing
single storey extension at the rear at 16 Rockwood Gardens, Greenside, Ryton,
Gateshead NE40 4BB in accordance with the terms of the application, Ref
DC/19/00965/HHA, dated 15 September 2019, insofar as it relates to that part
of the development hereby permitted, and subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans: Site Location Plan, amended proposed
elevations (as received by the Council on 19.08.2020) and Proposed plan,
insofar as it relates to the single storey extension at the rear only.
3) The external materials to be used in the construction of the development
hereby permitted shall be constructed in the materials shown on amended
proposed elevations.
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.
Application for Costs
3. An application for costs was made by the appellant against the Council. The
application is attached as a separate decision.
Appeal Decision APP/H4505/D/20/3261008
2
Procedural Points and Main Issue
4. The Council raised no objection to the proposed first floor addition above the
single storey at the rear, and I see no reason to disagree with that assessment.
The first-floor addition above the single storey at the rear is clearly severable
from the dormer extension at the front. Consequently, having regard to local
and national planning policies, I see no reason why planning permission should
not be granted for that element of the scheme. Within the formal decision, I
have used the description of development given on the decision notice because
it more accurately reflects the nature of the proposal than the description given
in the application form, which is described in the banner heading, above.
5. The Council’s main objection relates to the dormer at the front. Therefore, the
main issue is the effect of the proposed dormer extension upon the character
and appearance of the host building and wider terrace.
Reasons for the Recommendation
6. No.16 is a two-storey mid-terrace dwelling which forms part of a long terrace
of two-storey dwellings called Rockwood Gardens. This block fronts a narrow
walkway and open green area and allotment gardens. Rockwood Gardens is a
part of three rows of two-storey terrace blocks of similar design with the other
two rows at the rear on Milton Street. There are no dormer windows on any of
the properties and thus they are not a feature of the character of these rows of
terraces. Instead, the original roof form of the three terraced rows has
remained largely intact and the unbroken plane, pierced only by the regular
intermission of brick chimney stacks, provides a regular rhythm to the block
which adds significantly to its character. Whilst numerous Velux rooflights are
present these do not break the roof plane and are generally of a discreet
nature.
7. Gateshead Council’s Local Development Framework Supplementary Planning
Document: Household Alterations and Extensions (the ‘SPD’) states that
dormer windows can have a negative impact on the appearance of a building
and detract from the wider street scene or roofscape. However, small, pitched
roof dormers may be acceptable1. Flat roofed/box dormers will generally be
resisted.
8. The proposed dormer would be of a bowed flat roof design. Even though the
dormer would be set back from the external walls and eaves, it would not
follow the vertical lines of existing windows and neither would it match their
proportions2.
9. Even though visibility of the dormer would be restricted from the footpath, it
would still be visible from private vantage points of properties on Plantation
Court and Appledore Close, as well as from the open green area and allotment
gardens. By virtue of the flat roof design, scale and proportion and the fact that
there are no other dormers on this elevation of the block, it would appear top
heavy and an alien addition which would be harmful to the visual appearance of
the host property as well as the character of the terrace block.
10. The appellant contends that dormer extensions are typical in the area and as
such the proposed dormer would be in keeping with the character of the area.
1 See page 17
2 Proposed East Elevation
Appeal Decision APP/H4505/D/20/3261008
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They have referred to examples of dormers on properties at Rockwood
Terrace3, The Arches4, Birchwood5 and Marlbry on Rockwood Hill Road.
11. Having viewed Rockwood Terrace, the box dormers to the front are prominent
and bulky additions that significantly disrupt the otherwise consistent roof
form. Whilst they may have received permission, those permissions were of a
historic nature and pre-date current planning guidance. If anything, the
examples highlight the harmful effects that front dormers can have and do not
reflect good design practice. As such, they do not set a precedent for the
proposal at the appeal site.
12. The other dormers referred to are not on terraced properties and the design of
the host dwellings is notably different to the appeal site. Furthermore, the
reference numbers for these developments shows that they are of some
vintage and would have been subject to different policy considerations.
13. The appellant has also presented a table which the suggest is evidence of
architectural inconsistencies in the area. Nevertheless, each proposal is
considered on its own merits and evidence of some less than sympathetic
historic examples is not a justification for further harmful design. As noted, the
terraced rows in the vicinity of the appeal site are free from significant roof
alterations and there is nothing in the local context to set a precedent for the
harm that would be caused in this case.
14. I find that the proposed dormer at the front would have a detrimental impact
on the uniformity of the roofscape on Rockwood Gardens and would
significantly harm the visual appearance of the host dwelling and is inconsistent
with the established character of the street. Accordingly, there would be
conflict with the aims and objectives of the National Planning Policy Framework
(NPPF) and Policy CS15 of the Core Strategy and Urban Core Plan for
Gateshead and Newcastle upon Tyne 2010-2030 (2015) and saved policy ENV3
of the UDP.
15. The policies seek amongst other things to ensure that new development make
a positive contribution to the established character and identity of its locality by
recognising established design principles.
Other Matters
16. The appellant has referred to the benefits of the development in terms of
additional space within the household which could be utilised for an additional
bedroom/ home office. Whilst I recognise those benefits, personal
circumstances will seldom override more general planning considerations and
the harmful effects of the dormer would remain long after those personal
circumstances have altered. Consequently, I am not satisfied that the personal
benefits of additional space are sufficient to outweigh the significant harm to
the character of the surrounding area.
Conditions (first-floor addition at rear)
3 DC/13/00513/HHA
4 DC/05/00472/FUL
5 DC/06/01051/FUL
Appeal Decision APP/H4505/D/20/3261008
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17. In addition to ensuring adherence to the approved plan, a condition securing
the use of matching materials is necessary in the interests of the character and
appearance of the area.
Conclusion and Recommendation
18. For the reasons given above I recommend that the appeal should be allowed
insofar as it relates to the first-floor addition above the single storey at the rear
and dismissed insofar as it relates to the dormer extension.
Ifeanyi Chukwujekwu
APPEALS PLANNING OFFICER
Inspector’s Decision
19. I have considered all the submitted evidence and the Appeal Planning Officer’s
report, and on that basis, I agree and conclude that the appeal should be
allowed insofar as it relates to the first floor addition above the single storey at
the rear and dismissed insofar as it relates to the dormer extension.
Chris Preston
INSPECTOR
£
Costs decision section
Cost Decision
Site visit made on 19 November 2020 by Ifeanyi Chukwujekwu BSc MSc MIEMA
CEnv AssocRTPI
Decision by Chris Preston BA (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 November 2020
Appeal Ref: APP/H4505/D/20/3261008
16 Rockwood Gardens, Greenside, Ryton, Gateshead NE40 4BB
• The application is made under the Town and Country Planning Act 1990, sections
78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr David Shipman for a partial award of costs against
Gateshead Council.
• The appeal was against the refusal of planning permission for the construction of a
first-floor rear extension.
Decision
1. The application for an award of costs is refused.
Summary of the Application and the Council’s Response
2. The application, and the Council’s response were submitted in writing and
the cases will be familiar to the parties. Consequently, the following is a
brief summary of the respective positions.
3. The applicant contends that, as a result of planning permission being refused
and the subsequent delay resulting from the submission and consideration of
the above-mentioned appeal, the LPA should cover the costs of any
additional surveys and subsequent validation works by the ecologist which
may be required.
4. The Council maintains that it properly considered the proposal against local
and national planning policy and that the reasons were fully explained and
set out in the delegated report.
Reasons
5. Government guidance on the award of costs is set out in the Planning
Practice Guidance (PPG). Paragraph 030 of that guidance notes that a party
may have costs awarded against them in relation to appeal proceedings if
they have behaved unreasonably and that behaviour has led another party
to incur unnecessary expense. Those two matters are pre-requisites for an
award; if there has been no unreasonable behaviour or no wasted expense
an award will not be justified.
6. Though a bat survey was carried out by the appellant, I consider this to be a
normal part of the application process and not a wasted expense.
7. It appears to me that much of the basis of the applicant’s costs claim relates
to the cost of undertaking a survey and subsequent validation works by the
ecologist if the Council require the existing survey to be renewed. As I have
reached the decision to dismiss the appeal, this would not apply. Any costs
associated with a new or revised application would fall outside the scope of
Cost Decision APP/H4505/D/20/3261008
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this appeal and any future expenditure would not be a reason to award costs
in relation to the current appeal proceedings.
8. The written representations suggest all relevant information was considered
by the Council when deciding the application. The refusal reason was clear
and sufficient evidence was submitted to support the Council’s stance. It is a
matter that required balanced judgement, I find no evidence that the Council
had a pre-conceived stance to refuse the application; it merely considered
the proposal against relevant policy.
9. The applicant has not shown that the Council behaved unreasonably in
refusing to grant planning permission. It follows that there are no grounds
for an award of costs based on unnecessary and wasted expense as set out
in the Planning Practice Guidance. A full or partial award is unjustified.
Ifeanyi Chukwujekwu
APPEALS PLANNING OFFICER
Inspector’s Decision
10.Having considered the submitted evidence and the Appeal Planning Officer’s
report, for all the above reasons, I too concur that this application should be
refused.
Chris Preston
INSPECTOR
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