Conversion of the loft, including the construction of 2 x rear small dormers, plus 2 x rear facing small conservation style velux roof windows; plus 4 x further conservation style Velux roof windows to the front and side-facing roofs (also repartitioning of first-floor room to create a new ensuite)” Decision
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Heritage & Conservation
Extensions
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 1 February 2022
by C Shearing BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16 February 2022
Appeal Ref: APP/T5150/D/21/3277421
11 Hayland Close, London NW9 0LH
• 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 Alina Hartov against the decision of the London Borough of
Brent Council.
• The application Ref 21/1026, dated 19 March 2021, was refused by notice dated 17 May
2021.
• The development proposed is “conversion of the loft, including the construction of 2 x
rear small dormers, plus 2 x rear facing small conservation style velux roof windows;
plus 4 x further conservation style Velux roof windows to the front and side-facing roofs
(also repartitioning of first-floor room to create a new ensuite)”
Decision
1. The appeal is allowed and planning permission is granted for a proposed loft
conversion with 2x rear dormer windows, new window to first-floor rear and
installation of 4x front and 2x rear rooflights to dwellinghouse at 11 Hayland
Close, London NW9 0LH in accordance with the terms of the application, Ref
21/1026, dated 19 March 2021, 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 development hereby permitted shall be carried out in accordance
with the following approved plans: 01_A, 02_A, 03_A, 04_A, 05_A, 50_A,
51_A, 52_A, 53_A, 54_A, 55_A.
Preliminary Matters
2. The description of development was amended by the Council to read “proposed
loft conversion with 2x rear dormer windows, new window to first-floor rear
and installation of 4x front and 2x rear rooflights to dwellinghouse” which more
succinctly describes the works proposed. The amended description was used by
the appellant on the appeal form and I have determined the appeal on the
basis of this amended description.
3. I have observed that there are differences between the existing roofslopes and
those which are shown on the existing drawings. This relates to the scale of the
rear gable features which sit at the eaves level which in reality are taller than
those shown on the drawings. While the appellant’s statement refers to a new
set of proposed drawings, these have not been submitted, only hand annotated
amendments. However, given the limited scale of the discrepancy I do not
consider this would prevent my assessment of the appeal scheme.
Appeal Decision APP/T5150/D/21/3277421
2
4. During the course of the appeal the revised National Planning Policy Framework
(the Framework) was published. There are no substantive changes relevant to
the appeal before me and therefore no interested parties would be prejudiced
by my consideration of the 2021 version of the Framework.
Main Issue
5. The main issue is whether the development proposed would preserve or
enhance the character or appearance of the Buck Lane Conservation Area.
Reasons
6. The Buck Lane Conservation Area is characterised by predominately residential
development comprising unusual designs, materials and groupings of buildings
by Ernest Trobridge which define the significance of the designated heritage
asset. The appeal property is a later post-war infill development. Haylands
Close comprises properties with varying roofshapes which are largely unaltered
with the exception of the two properties neighbouring the appeal site.
7. The proposed rear dormer extensions would be visible from the windows of
some neighbouring properties at oblique angles, but would not be visible from
any surrounding public view points. By reason of their scale and position on the
rear roofslope, the dormers would allow a significant proportion of the existing
rear roofslope to remain and would appear as subordinate additions that would
not detract from the appreciation of the original roof form. This would be the
case even with existing rear gable features being slightly taller than shown on
the supporting plans.
8. The proposed rooflights are shown to be conservation style which would sit
flush within the roofslopes and would not therefore alter the overall shape of
the existing roof. To the rear the proposed rooflights would sit unobtrusively
between the dormer windows and would have little visual impact. To the front,
the proposed rooflights would be likely to experience some visibility from the
street, however this would be limited due to the set back of the property from
the street, its corner position and the screening afforded by trees in the
neighbouring front garden, which I understand to be protected. Furthermore,
while rooflights are not a common feature within the front roofslopes of the
street, the appeal property appears visually distinct and the roofslopes are
sufficiently varied that the proposed alterations would not appear incongruous.
9. Overall, in light of these factors the proposals would adequately respect the
roof form and architecture of the existing property and the significance of the
heritage asset. Accordingly, the proposal would preserve the character and
appearance of the Buck Lane Conservation Area. The proposals comply with
policies DMP1 and DMP7 of the Brent Development Management Policies 2016
which require among other things, that development is of high quality design
and conserves or enhances the significance of heritage assets.
Other Matters
10. I note the concerns of nearby residents regarding privacy from the rooflights.
However, given the rooflights would provide secondary sources of light and
outlook to bedrooms and non-habitable spaces, I consider there would be no
harm to the living conditions of the occupiers of the neighbouring dwellings.
Matters relating to other works to the property, including works to existing
Appeal Decision APP/T5150/D/21/3277421
3
doors and windows at the first floor level, would fall outside the scope of this
appeal.
Conditions
11. I have imposed a condition requiring compliance with the supporting plans to
provide certainty for all parties. I have considered the additional condition
recommended by the Council against the tests of the Framework and Planning
Practice Guidance. As the rooflights are annotated on the supporting plans as
being conservation style, and shown as flush, I do not consider a condition
restricting their projection would meet the test of necessity.
Conclusion
12. For the reasons given above I conclude that the appeal should be allowed.
C Shearing
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