Single storey rear extension
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Extensions
Policy Weight
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 21 September 2021
by J J Evans BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 5 October 2021
Appeal Ref: APP/V1260/D/21/3273332
7 Canford Avenue, Bournemouth BH11 8RU
• 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 and Mrs Davies against the decision of BCP Council.
• The application Ref 7-2021-4408-F, dated 16 January 2021, was refused by notice
dated 13 April 2021.
• The development proposed is a single storey rear extension.
Decision
1. The appeal is dismissed.
Application for Costs
2. An application for costs was made by Mr and Mrs Davies against BCP Council.
This application will be the subject of a separate decision.
Procedural Matters
3. The Government published a revised version of the National Planning Policy
Framework (the Framework) on 20 July 2021. Whilst I have had regard to the
revised national policy in my decision, planning decisions must be made in
accordance with the development plan unless material considerations indicate
otherwise. In this instance, given the particulars of this case I am satisfied
that there is no requirement to seek further comment from the parties on the
revised Framework, and that in taking such an approach no party or their cases
would be prejudiced.
Main Issue
4. The main issue is the effect of the proposed rear extension upon the character
and appearance of the host dwelling and upon that of the surrounding area.
Reasons
5. 7 Canford Avenue (No 7) is a detached bungalow positioned within a mostly
residential area. Surrounding No 7 there are a mix of ages and styles of
dwellings, several of which are detached. A characteristic of the area is that
many of the houses and bungalows are set back from the public highway
behind similar sized front gardens.
6. Both No 7 and its neighbour 5 Canford Avenue (No 5) are similar in design and
size, with each having modest sized single storey rear extensions. These
Appeal Decision APP/V1260/D/21/3273332
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bungalows also have complex roofscapes comprising a variety of hipped roofs,
side facing dormers, and truncated hips to the rear. They also have driveways
that extend along the western boundaries of their plots, leading to single
garages.
7. The proposed single storey rear extension would be much larger than the
existing conservatory, albeit the western side wall would be set back from that
of the bungalow. Nevertheless, the extension would form a large and bulky
addition to the bungalow and having regard to the modest dimensions of the
host building, the depth of the proposal would be extensive. Given this, the
flat roof would appear as a deep and monotonous addition when compared to
the complexities of the roof of the host building.
8. The provision of deep eaves that would project well beyond the rear wall of the
extension would serve to exaggerate the size of the flat roof. Such a deep
projection would appear harmfully discordant when compared to the size of
those upon the flank walls of the extension and also with those upon the
bungalow. In addition, the heights of the eaves would be noticeably different
to those on the bungalow, with the removal of the lower part of the rear hipped
roof serving to exaggerate these differences. The overall effect of so many
disparities between the bungalow and the extension would be to create
numerous clashing, discordant features.
9. Although the appellants consider flat roofs to be a standard treatment, in this
case, the extension would fail to reflect the form, style and detailing of the
bungalow. Not only would the size of the flat roof appear disproportionately
large, but the introduction of this roof form with its lantern light would have
little sympathy with the hipped roofs of the host, which are such a prominent
feature of this building. Although the walls would be rendered, the extension
would form an incongruous juxtaposition to its host, having little integration
with the form and style of the existing dwelling.
10. There are other properties nearby with rear extensions, including several with
conservatories. Given the positioning of the houses and bungalows on their
plots, some of these extensions are visible from the public realm. However, in
most cases the extensions have a legible subservience of form and appearance
that respects the host building, unlike the scheme before me. The garage and
roof canopy over the drive of No 7 would partially obscure views of the
extension from this aspect. Notwithstanding this, the extension and its
unsympathetic relationship with the bungalow would be apparent from Canford
Avenue, particularly due to the open nature and proximity of the extension to
the drive of No 5. Whilst I accept views would be restricted, the size,
discordant form and relationship the extension would have with the host
bungalow would be visible from the public realm, and due to these differences
it would harmfully draw the eye.
11. As regards the possibility of implementing permitted development rights to
extend the property, it is not the role of an Inspector when dealing with an
appeal for planning permission to conduct an exercise as to lawful use and
operation in order to decide whether the appellants might be able to rely on
permitted development rights as a fallback. From the information provided by
the appellants as regards such an alternative, there are a number of
differences between this suggestion and the appeal proposal, including the size
and height of the extension. In addition, limited evidence has been provided
Appeal Decision APP/V1260/D/21/3273332
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as to the likelihood of such an extension being carried out. Given this, the
weight that I can attribute to any such fallback in this instance is limited.
12. Consequently, the scheme would fail to respect the character and appearance
of the host building and that of the area, and this would be contrary to Policy
CS41 of the Bournemouth Local Plan: Core Strategy (2012), and guidance in
the Residential Extensions: A Design Guide for Householders (2008). These
seek amongst other things, well designed and high quality development that
respects the site and its surroundings, thereby reflecting objectives of the
Framework.
Other Matters
13. Finally, the appellants concerns regarding the Council’s handling of the
application, are procedural matters that fall to be pursued by other means
separate from the appeal process and are not for me to consider.
Conclusion
14. The proposal would fail to accord with the development plan when considered
as a whole, and there are no material considerations that indicate the appeal
should be determined other than in accordance with the development plan.
Thus, for the reasons given above and having considered all other matters
raised, the appeal is dismissed.
J J Evans
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 21 September 2021
by J J Evans BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 4 November 2021
Costs application in relation to Appeal Ref: APP/V1260/D/21/3273332
7 Canford Avenue, Bournemouth BH11 8RU
• 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 and Mrs Davies for a full award of costs against
BCP Council.
• The appeal was against the refusal of planning permission for a single storey rear
extension.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance (the 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. Awards may be procedural relating to the appeal process, or
substantive relating to issues arising from the planning merits of the appeal.
All parties are expected to behave reasonably throughout the planning process,
and costs can only be awarded in relation to unnecessary or wasted expense at
the appeal. The Guidance makes it clear that costs cannot be claimed for the
period during the determination of the planning application, although behaviour
of the parties at this time can be taken into account.
3. The application for a full award of costs was made in writing and will not be
repeated here in any detail. The appellants seek costs on a number of
grounds, considering the unreasonable behaviour of the Council has caused
unnecessary and wasted expense in the appeal process. It is considered that
the reasons for refusal do not stand up to scrutiny, and that it is unclear
whether the case officer undertook a site visit to assess the visual impact of the
scheme. The Council also failed to take into account a fall-back situation
available through permitted development. The project has been delayed and
unnecessary expense has been incurred in having to appeal.
4. For the reasons given in my decision I have found substantive reasons for
dismissing the appeal. Whilst the appellants considered the application was
refused without clear evidence of harm, the Council substantiated the refusal of
the scheme with regard to the impact of the development upon both the host
building and upon the character and appearance of the area. The reasons for
refusal were precise, with a decision being based upon the available evidence
Costs Decision APP/V1260/D/21/3273332
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and upon the requirements of the development plan and national policy and
guidance. The Council’s decision clearly identified the matters that led to the
refusal of the scheme.
5. The Council have confirmed that a site visit was undertaken, and the officer
report provides a description of the host building and the area consistent with
what I observed during my site inspection. The Council’s case was not
supported with photographs, but this is not unusual in my experience, nor is it
unreasonable behaviour. It is apparent from the officer report and the decision
that a thorough assessment of the proposal and its impact upon the host
building and upon the area was undertaken.
6. The National Planning Policy Framework encourages parties to take a proactive
approach to secure development. In this instance the Council suggested
alternative schemes, but for whatever reason neither these nor the permitted
development option were pursued by the appellants. Furthermore, any
possible extensions available under permitted development rights would be
different to the appeal proposal. The decision to pursue a particular proposal
would have been one for the appellants to make, as would the subsequent
decision to pursue an appeal.
7. The consideration of applications involves matters of judgement that are at
times finely balanced based on complex evidence. In this case the proposal
raises a number of considerations, and the Council gave a different weight to
the issues than the appellants.
8. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the Guidance, has not been demonstrated.
J J Evans
INSPECTOR
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