Formation of rear outbuilding ancillary to existing dwelling house
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Heritage & Conservation
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 May 2021
by Kim Langford Tejrar LLB (Hons) BSc (Hons) PGDIP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28th May 2021
Appeal Ref: APP/W5780/D/21/3266937
48 Parkway, Seven Kings, Essex IG3 9HU
• 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 Naseer Ahmad against the decision of London Borough of
Redbridge.
• The application Ref 2862/20, dated 10 September 2020, was refused by notice dated 22
October 2020.
• The development proposed is ‘formation of rear outbuilding ancillary to existing dwelling
house’.
Decision
1. The appeal is dismissed.
Application for Costs
2. An application for costs was made Mr Naseer Ahmad against London Borough
of Redbridge. This application is the subject of a separate Decision.
Preliminary Matter
3. The description of development was amended to “Detached rear outbuilding
(summary)” after the application was submitted. The original description was
sufficiently clear as to the nature of the application and I have utilised that
description for the purposes of this appeal.
4. The London Plan 2021 (LP 2021) was published on 1 March 2021 and is now
part of the Development Plan. I am satisfied that the equivalent policies in the
new plan have broadly the same approach as their counterparts, and they do
not alter my conclusions on the matter in any case.
Main Issue
5. The main issue is whether the proposed development would preserve or
enhance the character and appearance of the Bungalow Estate Conservation
Area (BECA).
Reasons
6. The appeal site comprises a detached bungalow within a generous plot. The
bungalow benefits from an attractive and mature rear garden, which is both
deep and wide. The bungalow has sizeable modern extensions to the rear, yet
it maintains its modest proportions and traditional architectural detailing to the
Appeal Decision APP/W5780/D/21/3266937
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front. It is situated on Parkway within the BECA and is surrounded by similar
detached bungalows in generous plots.
7. The BECA Character Appraisal (BECA CA), published in 2014, describes the
BECA as comprising of buildings of low heights situated in spacious plots,
creating a relaxed and horizontal quality. The BECA CA highlights that both the
loose grain, lower density of the area and the variety yet coherent resemblance
of the arts and crafts detailing on the bungalow buildings are factors which
contribute towards the special character of the BECA. The BECA CA identifies
that the earlier bungalows sit within the most generous plots, in contrast to
other bungalows within later narrower and shallower plots. The appeal site is
thus identifiable as an earlier bungalow, as its plot is notably generous even
within the BECA context.
8. The bungalow appears modern, sprawling and massive to the rear due to the
degree of extension and alteration it has undergone. It does, however,
maintain a horizontal emphasis due to its single storey height. The proposed
outbuilding would have a large footprint and flat roof, creating a bulky ‘block’
modern form. This design and form would not be out of place with the
appearance of the rear elevation of the bungalow. The BECA Design Guide
suggests that outbuildings should not exceed a cumulative floor area of more
than 25% of the original floor area of the dwelling. The footprint and bulk of
the outbuilding would be significant in proportion to both the original bungalow
and its extended form and would exceed the recommended limits in the Design
Guide. The distance with the bungalow, capacity of the plot, simple design and
horizontal emphasis would go some way to ensuring that the outbuilding would
not compete with, nor overbear the bungalow.
9. However, the 25% recommendation of the BECA Design Guide seeks not only
to maintain a subordinate relationship with the host dwelling, but also to
protect the prevailing character of the area. Although the BECA CA focusses
particularly on the public realm and notes the contribution to the significance of
the BECA made by spacious streets and verdant landscaping, it also highlights
that generous plots also contribute to the spatially planned character of the
area. This positively contributes to the significance of the BECA. The BECA CA
notes that backland development and the overdevelopment of sites to exploit
the potential space has been resisted thus far and as such, the spacious
character of the BECA has been maintained.
10. Although the outbuilding would not be visible within the streetscene, it would
be visually intrusive within the plot and wider private realm due to its size.
Other outbuildings in the immediate vicinity of the plot do not have the same
dominant presence or visual intrusiveness as the proposed outbuilding would
by virtue of their smaller scale. The private realm of spacious plots makes a
positive contribution to the significance of the BECA and the proposed
outbuilding, due to its scale, would represent an erosion of that character. This
erosion would cause less than substantial harm to the BECA. The incremental
increase in size of outbuildings and a proliferation of such outbuildings would
lead to a cumulative erosion of the characteristic spacious plots and would
result in substantial harm to the BECA.
11. For these reasons, I consider that the proposal would not preserve or enhance
the character and appearance of the BECA and would result in less than
substantial harm to this heritage asset, affecting its significance. The public
Appeal Decision APP/W5780/D/21/3266937
3
benefit arising from the proposal would be the provision of a private outbuilding
for the recreational use of the bungalow’s occupants. However, the harm to the
BECA, site and character of the surrounding area, to which I attach significant
weight, clearly outweighs this limited benefit, contrary to policies LP26, LP30
and LP33 of the Redbridge Local Plan, adopted 2018, policies D1, D4 and HC1
of the LP 2021, as well as the guidance within the Framework. These policies
seek, amongst other things, to secure high-quality design that preserves or
enhances local distinctiveness and the character and appearance of the
Conservation Area.
Conclusion
12. For the reasons stated above, I find that the appeal proposal would fail to
maintain or enhance the character and appearance of the BECA, resulting in
less than substantial harm which is not outweighed by the public benefits of the
proposal. The proposal would conflict with the relevant policies of the
Development Plan, as well as the guidance in the Framework, and I therefore
conclude that the appeal should be dismissed.
Kim Langford Tejrar
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 10 May 2021
by Kim Langford Tejrar LLB (Hons) BSc (Hons) PGDIP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28th May 2021
Costs application in relation to Appeal Ref: APP/W5780/D/21/3266937
48 Parkway, Seven Kings, Essex IG3 9HU
• 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 Naseer Ahmad against the decision of London Borough of
Redbridge.
• The appeal was against the refusal of planning permission for ‘formation of rear
outbuilding ancillary to existing dwelling house’.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying
for costs to incur unnecessary or wasted expense in the appeal process. The
Appellant states that the Local Planning Authority (LPA) behaved unreasonably
in that it prevented or delayed development which should clearly have been
permitted having regard to its accordance with the development plan, national
policy and any other material considerations. In particular, the Appellant
considers that the LPA had not made a reasoned and comprehensive analysis.
3. It is clear from its Officer’s Report and the resulting reasons for refusal that the
LPA did consider both the built context of the dwelling and the spaciousness of
the plot. Whilst the LPA put little emphasis on existing outbuildings in the
vicinity, it took issue with the individual scale of the proposed outbuilding,
rather than the principle of outbuildings in general. Indeed, in seeking to limit
the amount of built form within the plot, the LPA had regard to the design of
the proposal and relevant guidance. This guidance aims to protect the
character of the wider Conservation Area and not just the relationships
between host buildings and outbuildings. Whilst the LPA disagreed with the
Appellant with respect the impacts of the development, it did undertake a
critical analysis of the evidence and context of the site.
4. I have not disagreed with the LPA’s overall assessment, which I acknowledge is
based on balanced matters of judgement. I therefore find that unreasonable
behaviour resulting in unnecessary or wasted expense, as described in the
Planning Practice Guidance, has not been demonstrated.
Kim Langford Tejrar
INSPECTOR
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