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 2 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 3 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 2 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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