Construction of single storey rear and first floor side/rear extension, and conversion of loft to habitable room to include associated roof alterations, rear dormer, and 3x roof lights
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 21 June 2022
by A Hickey MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 8 July 2022
Appeal Ref: APP/N1920/D/21/3269454
29 Heath Drive, Potters Bar EN6 1EN
• 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 Alan Millinder against the decision of Hertsmere Borough
Council.
• The application Ref 20/0764/HSE, dated 3 June 2020, was refused by notice
dated 23 November 2020.
• The development proposed is the construction of single storey rear and first floor
side/rear extension, and conversion of loft to habitable room to include associated roof
alterations, rear dormer, and 3x roof lights.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The description of development on the decision notice has been altered from the
application form. The description on the decision notice more accurately
describes the proposal. I have considered the appeal on this basis and amended
the banner heading accordingly.
Main Issue
3. The main issue is whether the proposal would preserve or enhance the
character or appearance of the Potters Bar Darkes Lane West Conservation Area
(CA).
Reasons
4. The CA encompasses a residential estate, which is characterised generally by
detached dwellings. The significance of the CA includes the varying house
styles, spacious plots, reinforced by tree-lined grass verges, which separate the
footways from the carriageways. Whilst some dwellings have made alterations
to the roof, the form of the original roofs on most dwellings can still be
understood as the overall shape has been retained. Consequently, the roofscape
of the area adds to the architectural interest and character of the CA.
5. The host dwelling is a detached two-storey dwelling, with a hipped roof, a bay
window and some modest architectural detailing on its front face, and a similar
out-rigger feature on the rear elevation. Whilst individual in its style, like most
dwellings on the street, it has retained much of its original character by way of
materials, layout and historic boundaries. Consequently, although not locally
listed the property makes a positive contribution to the character and
appearance of the CA.
Appeal Decision APP/N1920/D/21/3269454
2
6. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 requires me to pay special attention to the desirability of preserving or
enhancing the character or appearance of a conservation area. In this respect,
national policy on heritage assets, which includes conservation areas, is set out
in the National Planning Policy Framework 2021 (Framework).
7. Although replicating the eaves and ridge height of the existing property, the
proposal would alter the shape of the main roof of the house and result in a
large crown roof and a rear dormer. The dormer’s materials and the proportions
of its windows would respect those in the host property. However, the appeal
property has retained its original hipped roof form and a clear sense of
proportions. Due to the bulk and scale of the proposed crown roof, the dwelling
would appear unduly prominent within the streetscene. The altered roof would
be clearly discernible from nearby plots and the street including over existing
boundary treatments and landscaping. It would appear uncharacteristic and
incongruous within its surroundings and harm the appearance of the host
dwelling and wider CA.
8. There are limited examples of crown roofs to other properties in the CA
including one located on the same side of the street at No 25. However, this is
different in style being set below the existing roof, predominantly located
outside of public view and partially screened by the roof slope of the host
dwelling. The other example at No 32 has retained the original main roof form
with the flat element only at the extension. Therefore, these existing
developments are materially different to the appeal proposal.
9. The proposed single-storey extension to the rear would be screened from public
view behind the host dwelling and existing boundary treatments. It would be
constructed in materials to assimilate with the host dwelling. Additionally, the
small scale of the dormer, its limited projection and use of matching materials
would not harm the roof form of the host dwelling or the appearance of the CA.
For these reasons these elements of the scheme would have a neutral effect on
the CA.
10.The proposal would lead to less than substantial harm to the significance of the
CA. The Framework indicates that such harm is to be weighed against the public
benefits of a proposal. However, great weight should be given to an asset’s
conservation.
11.The benefits of temporary employment whilst construction takes place would be
small given the scale of the scheme as such, the public benefits do not outweigh
the identified material harm to the designated heritage asset.
12.I, therefore, conclude that the development would fail to preserve or enhance
the character or appearance of the CA. As such, it would be contrary to Policy
CS14 of the Core Strategy (2013)1, SADM29 of the Site Allocations and
Development Management Policies Plan and the Framework. These policies,
amongst other things, seek to ensure that development should safeguard or
enhance designated heritage assets.
1 Hertsmere Local Plan Development Plan Document Core Strategy
Appeal Decision APP/N1920/D/21/3269454
3
Other Matters
13.Even if I was to agree there was no harm to living conditions to nearby
occupiers this would be a neutral factor and would not overcome the harm to
CA I have identified.
14.Whilst there would likely be some light escaping through the roof lights on the
rear extension it is unlikely this would be significantly more than is already
present on the rear elevation.
15.While the appellant has altered the scheme following pre-application advice and
a previous application, I have found harm would arise from the appeal proposal.
Conclusion
16.The proposal conflicts with the development plan when taken as a whole and
there are no material considerations, either individually or in combination, that
outweighs the identified harm and associated development plan conflict.
17.Therefore, I conclude the appeal should be dismissed.
A Hickey
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.