Removal of garage and erection of extension to provide improved entrance, kitchen and home office, with alterations to roof and internal arrangements at first floor
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Residential Amenity
Character & Appearance
Rural Impact
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 November 2021
by Elizabeth Lawrence BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date:6TH December 2021
Appeal Ref: APP/L2250/D/21/3279179
Bankside, Crete Road East, Folkstone, CT18 7EG.
• 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 Vinny Bryant against the decision of Folkestone & Hythe
District Council.
• The application Ref 21/0001/FH, dated 31 December 2020, was refused by notice dated
7 May 2021.
• The development proposed is described as removal of garage and erection of extension
to provide improved entrance, kitchen and home office, with alterations to roof and
internal arrangements at first floor.
Decision
1. The appeal is dismissed.
Main Issues
2. The first main issue is the effect of the proposal on the character and
appearance of the host dwelling and the pair of semi-detached dwellings. The
second main issue is the effect of the proposal on the living conditions of the
occupiers of “Cephas”, with particular regard to visual impact.
Reasons
Character and appearance
3. The Appeal site is located within the Kent Downs Area of Outstanding Natural
Beauty (AONB) and Special Landscape Area (SPA). It occupies an elevated
countryside location a short distance to the north of Folkstone and within an
informal cluster of dwellings.
4. Bankside comprises one of a pair of uniformly designed semi-detached
bungalows with hipped roofs and modestly detailed front elevations. The
dwellings sit in an elevated position and are built into the slope of the land,
which rises to the north and east. “Cephas” is located at a lower level to the
southwest of the appeal property. All three dwellings are visually modest in
form and scale and are served by a steeply sloping narrow access track.
5. The appeal dwelling has a dormer extension on its northeast side roof-slope
and a two storey wing with a pitched roof on its south-westerly side. The lower
floor of this extension sits below the ground floor of the main dwelling and
there is a detached garage located just to the front of it. Both the dormer
Appeal Decision APP/L2250/D/21/3279179
2
extension and side wing are set back from the front of the host dwelling and as
a consequence the symmetry and modest appearance of the front of the pair of
dwellings is retained.
6. Together and amongst other things Policies HB1 and HB8 of the Folkstone &
Hythe Places and Policies Local Plan 2020 (LP), require new development to
make a positive contribution to its surroundings. Extensions should reflect the
scale and proportions of the existing building and their materials should
complement those of the existing building. To maintain the visual quality of
the street scene extensions should not exceed half the width of the original
dwelling and should be equal or less than half the depth of the garden.
Extensions should be subordinate to the host building and should not have an
adverse impact on the living conditions of existing residents.
7. LP Policy NE3 seeks to conserve and enhance the natural beauty and locally
distinctive features of the AONB. Proposals should not undermine the integrity
of the predominantly open and undeveloped rural character of the AONB and
should protect or enhance the natural beauty of the SPA.
8. As stated by the Council, the proposed two storey extension would project
more than seven metres to the front of the host dwelling, where it would be
approximately 8.6 metres high. It would have a front facing gable and would
be comparable in width to the front elevation of the dwelling. The proposed
front elevation and gable would be fully glazed and would have a balcony at
ground floor level, above a carport.
9. For these reasons, both on its own and together with the existing additions, the
proposed extension would significantly increase the size and scale of the host
dwelling. It would be prominent and would totally dominate the frontage of the
host dwelling. The proposed extension would fail to reflect or respect the scale
and proportions of the host dwelling and would be out of keeping with the
modest form and design of the existing pair of dwellings. The resultant pair of
dwellings would appear poorly proportioned and would detract from their
immediate setting. As such it would conflict with the environmental objective
of sustainable development, as set out in the National Planning Policy
Framework.
10. The above concerns could not be satisfactorily addressed through the
imposition of conditions. They would also outweigh the benefits for the
appellant and their family that would result from the proposed improved and
additional accommodation.
11. I conclude on the first main issue that the proposal would unacceptably harm
the character and appearance of the host building and its immediate setting,
within the AONB and SPA. Accordingly, it would conflict with LP Policies BE1,
BE8 and NE3.
Living conditions
12. The side wall of the existing dwelling is located in excess of 1.5 metres from
the boundary with “Cephas”. The detached garage located to the front of the
appeal property at lower ground floor level is sited approximately one metre
from the boundary with “Cephas”. The dwelling and side garden at “Cephas”
sit at a lower level to the appeal dwelling and the two properties are separated
by a tall fence, tall hedge and some tall shrubs.
Appeal Decision APP/L2250/D/21/3279179
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13. The submitted drawings indicate that the mature hedge located in the garden
of “Cephas” would project above the eaves height of the proposed extension
and would screen the flank wall and much of the roof of the proposed extension
from the garden and dwelling at “Cephas”. From my site visit it was evident
that much of the planting adjacent to the proposed extension is much lower
than this and comprises a range of deciduous and evergreen shrubs. Where
there is a tall hedge, as pointed out by the appellant, it has to be maintained at
a maximum height of 4.9 metres following a High Hedge complaint. In
addition, I am concerned that the proposed evergreen screen proposed
adjacent to the kitchen door and flight of steps may not be achievable or
effective as a screen, due to the alignment of and need for access to the flight
of steps.
14. For these reasons the flank wall of the proposed extension would be visible
through and above the existing shrubs and hedge. Due to its combined,
length, height, elevated position and proximity it would appear prominent and
overbearing in the outlook from the east facing windows of the dwelling and
the adjacent garden area at “Cephas”. Any overlooking from the proposed
kitchen steps and overshadowing caused by the extension would add to this
overbearing impact.
15. I acknowledge that a number of dwellings in the locality have been significantly
altered and/or extended, with some including large expanses of glazing.
However, none of these examples are visually comparable to the appeal
dwelling and the proposal. They serve to highlight the importance of assessing
each proposal on its individual merits and in light of the prevailing planning
policies.
16. Concern has been expressed that the construction works associated with the
extension could result in harm to the planting within the garden at “Cephas”
and damage to the access track. Also, that the construction of the proposed
extension could result in parking on and damage to the access drive. These
are private matters that fall outside the scope of this appeal.
17. I conclude on the second main issue that the proposal would unacceptably
harm the living conditions of the occupiers of “Cephas”, due to its overbearing
visual impact. It would therefore conflict with LP Policies HB1 and HB8.
Other matter
18. The concerns raised by the appellant relating to the handling of the planning
application are something that would need to be taken up with the Council.
This is because they are not material to the merits of the appeal proposal.
Conclusion
19. Having regard to the conclusions on both main issues, the appeal is dismissed.
Elizabeth Lawrence
INSPECTOR
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