Application Ref P2021/1285/PRA, dated 26 April 2021, was refused by notice dated 5 July 2021.The development proposed is described as Construction of an additional two floors to provide four additional bedrooms, bathroom and storage areas
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Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site Visit made on 9 November 2021
by Mr M Brooker DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 16 March 2022
Appeal Ref: APP/V5570/D/21/3281574
27 Todds Walk, London N7 7RB
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under a development order.
• The appeal is made by Ms Caterina Athanasi against the decision of London Borough of
Islington.
• The application Ref P2021/1285/PRA, dated 26 April 2021, was refused by notice dated
5 July 2021.The development proposed is described as Construction of an additional two
floors to provide four additional bedrooms, bathroom and storage areas.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is whether or not the appeal scheme complies with the
requirements of Class AA of Schedule 2 of the Town and Country Planning
(General Permitted Development) (England) Order 2015 with particular regards
to the loss of light in respect of adjoining premises and the external
appearance (principal elevation) of the dwelling house.
Reasons
3. The appeal property forms part of a contiguous terrace of similar modest
properties, that together with other terraces, form a compact group within this
estate.
4. The appellant details that the appeal scheme would result in the height of the
dwelling being increased by 3.5m, creating two additional floors with one of the
floors within the roof space. The submitted plans show that a single row of
windows would be introduced to the roof, as seen from the front, replicating
the existing arrangement.
5. I saw at the site visit that the existing principal elevation, being the front
elevation, is uncompromising in its appearance. The elevation is largely blank
save for the recessed front door, timber cladding and narrow slit window. The
proposed elevations are equally featureless but are shown as being of a
considerably greater scale, detailed by the Council as being a third higher, and
without any substantive fenestration to break up the extensive blank expanse,
save for a continuation of the recessed timber cladding.
6. The submitted plans do not show the side elevations of the appeal scheme
where it projects above the roof of the neighbouring properties. However,
annotated section drawings do indicate the level of the existing roof and show
Appeal Decision APP/V5570/D/21/3281574
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that the proposed development would project a significant distance above the
neighbouring properties.
7. As a result of the considerable size and scale of the proposed development, the
appeal scheme would appear as a wholly disproportionate addition to the
modest scale of the appeal property and an incongruous feature out of
proportion to the adjoining dwellings.
8. While I note that the appeal scheme would match bricks and roof tiles and the
timber detailing of the existing property, I nonetheless find that the appeal
scheme would harm the external appearance the dwelling house and the
adjoining premises.
9. The appellant has submitted a sunlight and daylight assessment that indicates
that there will be no loss of light to these properties in relation to the Vertical
Sky Component test. However, a Daylight Distribution test (DD test) has not
been conducted. I understand that DD test are included in the relevant British
Standard (BS EN 17037).
10. I note that there are objections to the proposed development from the
occupiers of neighbouring properties and that these refer to, amongst other
matters, a loss of light. As detailed previously the appeal property forms part of
a small terrace with other residential properties in close proximity to the front
and rear. The Council details that the building that accommodates 6, 7, 17, 19,
22, 24 Todds Walk is set 7.8m to the northeast from the appeal site.
11. For the reasons detailed above I find that in the absence of a comprehensive
and up to date assessment it has not been demonstrated that the appeal
scheme would not result in a loss of light in respect of the adjoining premises.
12. To conclude, I find that the appeal scheme does not comply with the
requirements of Class AA of Schedule 2 of the Town and Country Planning
(General Permitted Development) (England) Order 2015.
Conclusion
13. For the reasons given above I conclude that the appeal should be dismissed.
Mr M Brooker
INSPECTOR
Appeal Decision APP/V5570/D/21/3281574
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