First floor side extension and single storey rear extension
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Extensions
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 13 September 2021
by Victor Callister BA(Hons) PGC(Oxon) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 September 2021.
Appeal Ref: APP/D5120/D/21/3276030
118 Steynton Avenue, Bexley DA5 3HG
• 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 M Brash against the decision of the London Borough of Bexley
Council.
• The application Ref 21/00499/FUL, dated 15 February 2021, was refused by notice
dated 13 April 2021.
• The development proposed is a first floor side extension and single storey rear
extension.
Decision
1. The appeal is allowed and planning permission is granted for first floor side
extension and single storey rear extension at 118 Steynton Avenue, Bexley
DA5 3HG in accordance with the terms of the application, Ref 21/00499/FUL,
dated 15 February 2021, and the plans submitted with it, subject to the
following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The materials to be used in the construction of the development hereby
permitted shall match those in the existing building.
3) The first floor ensuite window in the rear elevation of the extension shall
at all times be glazed with obscured glass and no part of that window
that is less than 1.7 metres above the floor shall be capable of being
opened.
4) No construction work shall take place on the site other than between the
hours of 8am and 6pm Monday to Friday and 8.00am and 1pm on
Saturdays. There shall be no working on Sundays or Public Holidays.
Application for costs
2. An application for costs was made by Mr M Bash against the London Borough of
Bexley Council (the Council). This application is the subject of a separate
Decision.
Main Issues
3. The main issue is the effect of the proposal on the character and appearance of
the host dwelling and that of the local area.
Appeal Decision APP/D5120/D/21/3276030
2
Reasons
4. The appeal property is a semi-detached house on a generous corner plot on
Steynton Avenue, which has been the subject of earlier single storey and rear
conservatory extensions. The local area is residential and made up of similar
sized semi-detached houses interspersed with the occasional bungalows. Most
of these properties appear to have undergone significant alteration and
extension in a variety of forms and scale.
5. The proposal would extend the property at first floor over the full extent of the
existing side extension. This would be set back slightly from the main front
elevation and would extend and replicate the existing roof form. The proposal
would also replace the existing flat roofed rear conservatory with a larger
single-story extension with a mono pitch roof.
6. The Council has raised no concerns in relation to the proposed ground floor
extension and I likewise find that this element of the proposal would be an of
an acceptable size, form and finish that would sit comfortably in the generously
proportioned rear garden.
7. The first floor element of the proposed extensions would appear to be of the
same form, size and finish as an extension that was the subject of an approved
but unimplemented planning application, approved by the Council in 20051.
However, in the material submitted for the purposes of this appeal the council
has made no mention of this, only referencing the approvals for the single
storey ground floor side and rear extensions that have been implemented.
8. The proposed first floor side extension would add considerable additional bulk
at first and roof level. This would be above the existing ground floor side
extension and would be recessed from the main front elevation along with a set
down in the ridge height. The roof to this extension would also be massed to
reflect the existing roof of the original house. Despite the scale of the proposal,
the design approach taken would result in the proposal appearing as a
subservient addition to the existing house, appropriately reflecting its original
design and detailing.
9. Although the proposal would result in a larger house than the existing and its
semi-detached pair, this would reflect the streetscene of the area, where semi-
detached houses have been individually altered and extended in a variety of
scales, forms and finishes. The extra width of the appeal plot would allow the
proposed first floor and roof extension to sit comfortably on the existing
building and would not appear cramped on its plot.
10. Given the corner location on this wide street and the generous plot size the
proposed first floor extension would be visible in the round. The proposal would
infill the space above the existing ground floor side extension, which given the
width of the plot, currently appears as a weak element in the local streetscene.
The proposal would provide a corner element currently missing in the street
scene, which would be a strong feature, significantly improving the character
and appearance of the local area.
11. For these reasons I do not find that the proposal would fail to be subordinate to
the main building or that, in combination with the existing side extension, it
would result in an incongruous addition that would have the outcome of the
1 Planning Ref: 05/00180/FUL
Appeal Decision APP/D5120/D/21/3276030
3
appeal property appearing overly dominant and at odds with the local
streetscene.
12. The proposal would, therefore, cause no harm to the character and appearance
of the appeal property and would result in an enhancement to that of the local
area. This would be in compliance with Policy CS03 of the Bexley Core Strategy
(2012), saved Policies ENV39 and H9 of the Bexley Unitary Development Plan
(2004), Guideline 2 of the Bexley Unitary Development Plan Design and
Development Control Guidelines, Policy D3 of the London Plan (2021) and
paragraph 130 of the National Planning Policy Framework (2021), which
collectively seek developments, including extensions, that are of good design
and compatible with the character and appearance of the existing building and
local area.
Conditions
13. I have had regard to the proposed conditions suggested by the council in the
event of the appeal being allowed. I have included the standard required
condition relating to the timing of implementation, and to ensure that the
proposal remains consistent with the appearance of the existing house, I have
included a condition relating to matching of materials. To protect privacy, I
have imposed a condition relating to glazing at the first floor level of the
proposed extension and to avoid local disturbance during construction I have
also imposed a condition that controls its hours.
Conclusion
14. The appeal is allowed.
Victor Callister
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 13 September 2021
by Victor Callister BA(Hons) PGC(Oxon) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 September 2021.
Costs application in relation to Appeal Ref: APP/D5120/D/21/3276030
118 Steynton Avenue, Bexley DA5 3HG
• 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 M Brash for a full award of costs against the London
Borough of Bexley Council.
• The appeal was against the refusal of planning permission for a first floor side extension
and single storey rear extension.
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.
3. The basis of the appellant’s application for costs is that that the London
Borough of Bexley Council (the Council) have behaved unreasonably by failing
to grant a further permission for a proposal that is the subject of an expired
permission1 where there has been no material change in circumstances.
4. Although the application included a proposal for a ground floor extension as
well as the first floor and roof extension previously approved by the council in
2005, the Council’s reasons for refusal related solely to the latter.
5. The same policies and guidance of the Bexley Unitary Development Plan were
referenced in the Councils decision notice for the approval in 2005 and in their
decision notice of refusal of the appeal proposal in 2021. Although these
policies are now of some age, they are consistent with the London Plan and
National Planning Policy Framework. However, the existence of these London
wide and national planning policies is a material change since the 2005 decision
by the Council and relevant policies were set out in the Council’s Decision
Notice.
6. The previous approval of this application by the council was not referenced by
the council in the officer’s report and, from the material submitted by the
Council for the purposes of the appeal, does not appear to have been part of
the Council’s consideration as part of their decision making. The reasons for a
1 Planning Ref: 05/00180/FUL
Costs Decision APP/D5120/D/21/3276030
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departure from this previous approval have therefore not been set out by the
Council.
7. However, aspects of what will be considered quality, good or appropriate
design do shift with the passing of time and, although the council have not set
out their reasons for a different decision to that made in 2005, the Council
have clearly set out their reasons for refusal of the 2021 application on design
grounds. Although I came to a different conclusion on the proposal to the
Council in my decision on the appeal, I am satisfied that in making their
decision the Council did consider the proposal on its own merits, with due
regard to Local Planning, London Plan and Framework policies.
8. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the Planning Practice Guidance, has not been
demonstrated.
Victor Callister
INSPECTOR
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