First floor side extension above existing garage and ground floor rooms to create an additional bedroom and en-suite
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 December 2021
by Eleni Randle BSc (hons) MSc FRICS FAAV MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15 December 2021
Appeal Ref: APP/A3655/D/21/3280659
15 Hermitage Woods Crescent, St Johns, Woking GU21 8UE
• 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 & Mrs Kirk against the decision of Woking Borough Council.
• The application Ref PLAN/2021/0668 dated 13 June 2021, was refused by notice dated
9 August 2021.
• The development proposed is first floor side extension above existing garage and
ground floor rooms to create an additional bedroom and en-suite.
Decision
1. The appeal is allowed and planning permission is granted for a first floor side
extension above existing garage and ground floor rooms to create an additional
bedroom and en-suite at 15 Hermitage Woods Crescent, St Johns, Woking
GU21 8UE in accordance with the terms of the application ref:
PLAN/2021/0668, dated 13 June 2021, subject to the following conditions:
1) The development to which this permission relates must be begun not later than
the expiration of three years, beginning with the date of this decision;
2) The development hereby permitted shall not be carried out otherwise than in
complete accordance with the following approved plans: 15HWC-06 Rev A,
15HWC-07 Rev A, 15HWC-08 Rev A, unreferenced Location Plan (produced on
5th June 2021) and 15HWC-03 Rev A.
3) Unless otherwise agreed in writing the Local Planning Authority the materials
used for the external surfaces of the development hereby permitted shall
match those of the existing building as stated in the application form;
Main Issues
2. The main issues are the impact of the proposal upon i) the character and
appearance of the area and ii) the residential amenity of No. 17 Hermitage
Woods Crescent (no. 17) with regard to overbearingness.
Reasons
Character and Appearance
3. The appeal site is a two storey semi-detached house in a residential area where
the properties within the area are of a similar design and character. The
proposal seeks to construct a first floor side extension over the existing garage
which would be set back from the front and rear elevations with the roof height
being lower than the host dwelling. In terms of the host dwelling itself the
proposal would present as a subservient addition.
Appeal Decision APP/A3655/D/21/3280659
2
4. The first refusal reason is, therefore, based solely upon visual separation
between the appeal site and no. 17 due to the fact the proposal seeks to
extend to within 0.5m of the boundary with the neighbouring dwelling at no.
17. There is notable space between the built form of no. 17 and the appeal
site boundary and the proposal would not give the impression of a terraced
row. I find that the proposed street scene (drawing no: 15HWC-03 Rev A)
demonstrates clearly that the extension, even to within 0.5m of the boundary
site boundary, would maintain visual separation between the properties (of
around 4.2m) and would not result in a terracing effect. I do not find the
proposal would present as cramped within the street scene and appropriate
spacing would be maintained.
5. The Supplementary Planning Document Woking Design (2015) (SPD) document
is noted; however, it is ultimately guidance. It falls to consider the proposal
against the objectives of that guidance. I acknowledge that the SPD advises a
minimum of one metre gap should be retained between all two storey
extensions and a side boundary. Despite this the reasoning for this advice is,
ultimately, to avoid little or no space between adjoining dwellings and avoid a
terracing effect. For the reasons outline above – I find the proposal maintains
space between the dwellings in question and is therefore consistent with the
objectives of the guidance within the SPD.
6. The proposal would be consistent with Woking Core Strategy 2012 (CS) Policy
CS21 which requires development to respect and make a positive contribution
to the street scene and character of the area in which they are situated.
Neighbouring Amenity
7. The proposal would not extend beyond the rear of no. 17 and has been found
by the Council to be acceptable with regard to overlooking, sunlight and
daylight for the occupiers of no. 17. The refusal reason does, however,
reference overbearing impact. The Council have provided limited reasoning to
support their statement that the proposal would appear unacceptably
overbearing. I note there is a slight change in land level due to the overall
gentle slope of Hermitage Woods Crescent but, in the absence of specific site
level information, I find that this was a limited difference from visual
inspection. The short length of the extension combined with the separation
between no. 17 and the proposal as outlined above I find would not result in
unacceptable overbearing impact for the occupiers of no. 17.
8. The proposal would be consistent with CS Policy CS21 which seeks to avoid
significant harmful impact in terms of overbearing effect due to bulk and
proximity and the SPD which seeks to ensure the location of the extension
should not result in adverse overbearing impact on adjacent dwellings. Given
the urban setting and spacing from no. 17 itself I find that the proposal is
consistent with the overarching objectives of the Outlook, Amenity, Privacy and
Daylight Supplementary Planning Document 2008. This guidance essentially
links outlook and overbearing impact considering impact on a dwellings
immediate setting. I find that sufficient spacing is maintained between the
buildings to maintain amenity.
Conditions
9. A time condition is attached to comply with section 51 of the Planning and
Compulsory Purchase Act 2004. A condition requiring the development to be in
Appeal Decision APP/A3655/D/21/3280659
3
accordance with the approved plans is required to control and define the
development which is granted consent. A condition regarding materials is
required to ensure a satisfactory finish and maintain the quality of the proposal
for the lifetime of the development.
Conclusion
10. For the reasons outlined above, and taking account all other matters raised, I
conclude that the appeal should be allowed subject to conditions.
Eleni Randle
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.