Development proposed on the application form is: C3 Residential dwelling - Loft conversion including hip to gable, and front roof lights
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Character & Appearance
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site Visit made on 26 October 2021 by S Witherley CIHCM MRTPI
Decision by Chris Preston BA (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 February 2022
Appeal Ref: APP/G5180/D/21/3275775
97 Kingsway, Petts Wood, Orpington BR5 1PW
• 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 Oliver Murray against the decision of the Council of the
London Borough of Bromley.
• The application Ref DC/21/00379/FULL6, dated 21 January 2021, was refused by notice
dated 22 April 2021.
• The development proposed on the application form is: C3 Residential dwelling - Loft
conversion including hip to gable, and front roof lights.
Decision
1. The appeal is dismissed.
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.
Applications for costs
3. An application for costs was made by Mr Oliver Murray against the decision of
the Council of the London Borough of Bromley. This application is attached as
a separate decision.
Main Issue
4. The effect of the proposal on the character and appearance of the appeal
property and the surrounding area including the Petts Wood Area of Special
Residential Character (ASRC) in which it sits.
Reasons for the Recommendation
5. No. 97 is a semi-detached dwelling located in the Petts Woods ARSC. The
immediate area contains both semi-detached and detached dwellings which
feature a variety of different designs, however, there are similarities in the use
of building materials, regular building lines and predominate hipped roofs.
6. No. 97 and its adjoining neighbour are visually well balanced particularly at
roof level as neither property appears to have had any modifications carried
out to the existing hipped roofs. The symmetry and the pleasing Arts and
Crafts style is such that the pair of dwellings make a positive impact to the
wider character of the area. Whilst I noticed a number of dwellings in the
immediate area with roof modifications, including hipped to gable, these were
Appeal Decision APP/G5180/D/21/3275775
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few in number and did not appear to be prevalent in this part of Kingsway.
Thus, along this section of street, the prevailing symmetry and rhythm of the
full hipped roofs are a defining characteristic which contributes positively to the
character and appearance of the immediate area and wider ASRC.
7. The proposal would see the existing hipped roof replaced with a hip to gable
extension to enable the conversion of the loft space to habitable rooms. Upon
the rear roof plane, the proposal would incorporate an extension with Juliet
balcony, to the front, three roof lights would be installed.
8. The proposal as a result of its design, scale and form would introduce an
unwelcome and juxtaposed imbalance to the roof scape resulting in the
permanent erosion of the pleasant and uniformed symmetry which can be seen
in this pair of semi-detached properties and predominantly throughout this
section of Kingsway. The proposal would neither respect nor complement the
original character and the existing well-balanced appearance of the original
property or that of its adjoining neighbour. This would result in the proposal
being harmful to the character and appearance of the original, the immediate
street scape and the wider of the ASRC. In addition, the introduction of three
roof lights to the front roof plane would introduce further visual clutter into this
unaltered roof scape resulting in further incrementally erosion of its character
and appearance.
9. The rear roof extension with Juliette balcony has been designed to be
proportionate to the modified hip to gable development. In itself, this element
of the proposal would not detract from the character of the area as it would not
be highly visible from the street, however, its implementation would rely on the
hip to gable roof extension which is considered to be harmful.
10. As noted, I observed a limited number of examples of hip to gable extensions
and front roof lights in this part of Kingsway. I have been referred to these
and other examples by the appellant. The examples I have seen in the
immediate street scape demonstrate the harmful interruption such features
make to the street scene, diminishing the symmetrical appearance of the semi-
detached properties. Furthermore, I do not consider that these examples in
this part of Kingsway now form or have become an established part of the
street scape to a degree where they have substantially eroded the original
character and appearance of the area given the limited number that are
present. Thus, they only serve to illustrate that further similar proposals would
be an unwelcome and degrading feature to the immediate area and the wider
ASRC.
11. Two appeal decisions have been cited1. The appeal relating to Manor Way is
similar in terms of the description of development, however, I have not been
provided with details of the proposal or its location. Nevertheless, from the
Inspector’s decision letter I note the following comments “I have had regard to
the fact that a significant number of properties within Manor Way and the
surrounding streets within the ASRC have been similarly altered in terms of hip
to gable roof extensions and the insertion of rooflights into the front roof slopes
of properties”.
12. The appeal relating to Towncourt Crescent was allowed in 2018 which predates
the adoption of the 2019 BLP. I have read the Inspector’s decision and
1 APP/G5180/D/19/3222551 and APP/G5180/D/18/3207283
Appeal Decision APP/G5180/D/21/3275775
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consider the following comments “I have had particular regard to the fact that
so many of the adjacent houses in Towncourt Crescent have been similarly
altered by means of hip to gable extensions and the insertion of front facing
roof lights. It is also relevant that many of the nearby houses were originally
erected to a similar design, incorporating a gable end configuration.”
13. In both these previous appeals the Inspectors considered that the area
surrounding the appeal sites contained a large number of properties which
have been altered by way of hipped to gable development. In my assessment
of the appeal before me, I have concluded that the area in which the appeal
site sits has a limited number of hip to gable extensions. Whilst I appreciate
that both the appeals presented by the appellant are sited within the ASRC, I
also appreciate that this encompasses a large area with a variety of different
house types and designs. For these reasons I do not consider that the
proposals are comparable, nor do they set any kind of precedent, particularly
as each planning application and appeal is to be determined on its own
individual merits. As noted, the prevailing character of this part of Kingsway
remains to be that of semi-detached pairs with full hipped roofs displaying a
strong sense of symmetry and uniformity and therefore worthy or retention.
14. For these reasons, I conclude that the proposal would have a harmful effect on
the character and appearance of the appeal property and the surrounding area
including the ASRC in which it sits. This would be contrary to the aims of
Policies 6, 37 and 44 of the Bromley Local Plan 2019 which, amongst other
things, seek to achieve a high standard of design that respects or complements
the host dwelling, is compatible with the surrounding area and enhances and
strengthens the special and distinctive qualities of the ASRC.
Other Matters
15. The absence of objections from neighbours is not a consideration that
outweighs the harm caused by the development.
Conclusion
16. The proposal conflicts with the most relevant policies in an up-to-date
development plan and there are no material considerations that indicate the
decision should be made other than in accordance with the development plan.
For the reasons given above and having had regard to all other matters raised,
I recommend that the appeal should be dismissed.
S Witherley
APPEAL PLANNING OFFICER
Inspector’s Decision
17. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and, on that basis, I agree with the recommendation and shall dismiss
the appeal.
Chris Preston
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 26 October 2021
Decision by Chris Preston BA (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 10 February 2022
Appeal Ref: APP/G5180/D/21/3275775
97 Kingsway, Petts Wood, Orpington BR5 1PW
• 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 Oliver Murray against the decision of the Council of the London
Borough of Bromley.
• The application Ref DC/21/00379/FULL6, dated 21 January 2021, was refused by notice
dated 22 April 2021.
The development proposed on the application form is: C3 Residential dwelling - Loft
conversion including hip to gable, and front roof lights.
Decision
1. The application for an award of full costs is refused.
Reasons
2. The Government’s Planning Practice Guidance (PPG) advises that, irrespective
of the outcome of the appeal, costs may be awarded against a party that has
behaved unreasonably and thereby caused the party applying for costs to incur
unnecessary or wasted expense in the appeal process. An application for costs
will need to clearly demonstrate how any alleged unreasonable behaviour has
resulted in unnecessary or wasted expense. Awards may be either procedural,
relating to the appeal process or substantive, relating to the planning merits of
the appeal.
3. The application for costs cites both procedural and substantive grounds.
4. The appellant attests on procedural grounds the Council suppressed evidence
relating to previous appeals and deliberately sought to do this. Whilst the
Council do not mention these previous appeals in the officer report, there is
nothing to suggest that this was a deliberate omission. I do not consider this
was a deliberate omission on the Council’s behalf and therefore do not consider
the Council have acted unreasonably.
5. In terms of the substantive ground the appellant’s reference to case law refers
to two previous appeal decisions. These decisions relate to similar appeals in
the Petts Wood Area of Special Residential Character (ASRC). However, appeal
decisions are not case law, they can, however, be material considerations.
6. I have been provided with these decisions and whilst I do not have the full
facts of each case before me it is clear, as set out in my decision, that the
Costs Decision APP/G5180/D/21/3275775
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circumstances in those two cases are not directly comparable to the appeal
before me, particularly when considering the street scape and the individual
site context of each of the cases. Each planning application and appeal has to
be considered on its own individual merits, and whilst previous appeal decisions
can be material considerations, based on the facts of this case, and that I have
found the proposal to harm the character and appearance of the immediate
street scape and the wider ASRC, I do not find that the actions of the Council
to be unreasonable in this instance.
7. With regard to making vague or inaccurate assertions, I have been provided
with the officer’s report, which whilst brief, sets out the Council’s assessment of
the proposal and relates this assessment to relevant planning policies.
Consequently, it was clear what the Council was thinking in reaching its
decision and the factors that it took into account in doing so. Essentially, the
planning judgement was finely balanced. The existing property makes a
positive contribution to the area and it was not unreasonable for the Council to
find that harm would arise, notwithstanding that some other properties had
been altered. The officer report adequately expressed those concerns and I do
not find on this matter that the Council acted unreasonably.
8. There is nothing to indicate that the Council supressed evidence or failed to
take into account relevant material considerations. Nor did it make vague or
inaccurate assertions about the case.
Conclusion
9. In conclusion, unreasonable behaviour resulting in unnecessary or wasted
expense, as described in the PPG, has not been demonstrated. An award of
costs is therefore unjustified in this case.
S Witherley
APPEAL PLANNING OFFICER
Inspector’s Decision
10. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis, I agree with the recommendation and shall refuse the
application for costs.
Chris Preston
INSPECTOR
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