Construction of rear conservatory
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Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 November 2021
by Gary Deane BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 November 2021.
Appeal Ref: APP/K0425/D/21/3277491
24 Main Road, Naphill HP14 4QB
• 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 Mrs Azra Mussarat against the decision of Buckinghamshire
Council.
• The application Ref 21/05295/FUL, dated 2 February 2021, was refused by notice dated
23 April 2021.
• The development proposed is the construction of rear conservatory.
Decision
1. The appeal is dismissed.
Procedural matter
2. An interested party states that the submitted drawings do not represent the
house as it has been built. While I have had regard to this concern, my
assessment is based on all of the evidence before me including an inspection of
the site and its surroundings. On that basis, I am satisfied that the details of
the existing dwelling and the proposal as shown on the plans and detailed in
the written evidence allow a reasonable assessment of the appeal scheme.
Main issues
3. The main issues are the effect of the proposed development on the character
and appearance of the host building and the local area, including the Chilterns
Area of Outstanding Natural Beauty, and on the living conditions of the
occupiers of neighbouring properties with particular regard to outlook.
Reasons
Character and appearance
4. The appeal property is a detached 2-storey house in a residential cul-de-sac of
detached properties, which vary in scale, design and general appearance. It
also lies within the Chilterns Area of Outstanding Natural Beauty (AONB). The
AONB is a nationally designated area with the highest status of protection in
relation to landscape and scenic beauty.
5. The Council has recently granted planning permission to enlarge No 24 with
part single storey, part 2-storey side extensions, a front infill garage extension
and a loft conversion served by 7 roof lights. At the time of the site visit,
construction of this approved scheme was well underway with the main works
substantially complete.
Appeal Decision APP/K0425/D/21/3277491
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6. The proposal is to introduce a single storey extension that would project
outwards from the back wall of the host building. In itself, the new addition
would be modest in depth with a roof level set well below that of the host
building. The materials to be used would match the existing dwelling and a
good-sized back garden would remain with the new built form in place.
7. Even so, the proposal would be a sizeable addition. It would be considerable in
width and, by attaching to an existing rear extension the appeal scheme would
significantly elongate the built form of the original building. According to the
Council, the combined length of the existing and new rear extensions would
broadly match that of the original house, which is not contested. The proposal
would also enlarge the footprint of the existing dwelling and noticeably add to
its scale and mass. With an expanse of glazing including full-length windows in
the new rear elevation and a large lantern roof light, the new development
would also introduce a visually strong feature to the rear facade. Taken
together, I consider that the proposal would appear as an overly large, bulky
and highly conspicuous addition to the appeal property that would detract from
its character and appearance.
8. The proposal would also introduce a substantial new built form into garden
space that, at present, adds to the spacious feel at the rear of No 24. With its
largely open grassed area sloping down to open fields beyond the site’s rear
boundary, this garden makes a positive contribution to the local area. It does
so primarily by providing a visual break between existing development and the
open countryside. While the back garden of No 24 is not visible in the local
street scene, it nonetheless encompasses the characteristics of the local area
as it is experienced and appreciated especially from nearby gardens. In views
from these locations, the new built form would appear as a visually disruptive
intrusion into largely open garden space. As such, it would be an unwelcome
addition to the local area and detract from the landscape and scenic beauty of
the AONB.
9. I saw that 26 Main Road has a sizeable rear conservatory, which is a prominent
feature at the rear of this adjacent property. Unlike the proposal before me,
this existing conservatory has a lightweight appearance with its glass panels in
the sides, rear and roof. It is also smaller than the proposal. Taken together,
these features would ensure that the presence of the existing conservatory
would be less imposing than that of the appeal scheme. Although the appellant
considers that the built area of the adjacent property on the opposite side of
the site, 22 Main Road, is greater than that of the appeal dwelling, it is
different in form to No 24 and so it is not directly comparable. As such, I
attach only limited weight to these considerations in support of the appeal.
Living conditions
10. The sides of the proposed extension would be set in from the side boundaries
of the site such that views from the rear facing windows of Nos 22 and 26
would not be significantly affected. The outlook from the rear windows of these
neighbouring dwellings with an open aspect across their back gardens towards
the fields beyond would remain. I also note the appellant’s view that the
proposal would not breach lines drawn at 45 or 60-degrees from the nearest
habitable room window of either of these adjacent properties.
11. The upper part of the new extension would, however, be evident from the
outdoor space at the back of the adjacent dwellings and from a side window of
Appeal Decision APP/K0425/D/21/3277491
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the conservatory of No 26. That the new development would project well
beyond the existing rear build line of the host building and occupy an elevated
position relative to these gardens due to the sloping ground would accentuate
its visual impact. In each of these views, the proposal would draw the eye as
an overly large box-like addition that in my view would dominate outlook even
against the backdrop of a taller and more substantive host building.
Conclusion on the main issues
12. On the main issues, I conclude that the proposed development would have an
unacceptable effect on the existing property and the local area. It would not
conserve or enhance the landscape and scenic beauty of the AONB. It would
also materially harm the outlook from the properties on either side of the site.
13. Accordingly, the proposal conflicts with Policies CP9, DM35 and DM36 of the
Wycombe District Local Plan (LP) and the guidance within the Council’s
Householder Planning and Design Guide Supplementary Planning Document.
These policies and guidance broadly require high quality design, attractive
buildings, and extensions that respect the character and appearance of the
existing property and the area. It would also conflict with LP Policy DM30,
which seeks to deliver the highest quality of design within the AONB, and to
conserve or enhance its scenic beauty.
Other matters
14. The proposal would make efficient use of the land available within the site,
which the appellant considers to be previously developed. Once complete, the
new extension would provide additional accommodation that would enhance
the living conditions of future occupiers. Nevertheless, these benefits attract
only moderate weight. They do not outweigh the identified harm and the great
weight that the National Planning Policy Framework states should be given to
conserving and enhancing landscape and scenic beauty in AONBs.
15. Interested parties raise several additional objections including its potential
effect on privacy, light and wildlife and whether it would constitute
overdevelopment of the site. These are all important matters and I have taken
into account all of the submitted evidence. However, given my findings on the
main issues, these are not matters that have been critical to my decision.
Conclusion
16. The proposed development would conflict with the development plan as a
whole. There are no material considerations, including the Framework, which
indicate that the decision should be taken otherwise than in accordance with
the development plan.
17. For the reasons set out above, and taking into account all other matters raised,
I conclude that the appeal should be dismissed.
Gary Deane
INSPECTOR
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