Development proposed, as described on the application form, is double/single storey rear extension, first floor side extension above garage, replacement of front double storey section, new front bay windows and roof canopy above porch
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 January 2022
by S Harley BSc(Hons) M.Phil MRTPI ARICS
an Inspector appointed by the Secretary of State
Decision date: 25th January 2022
Appeal Ref: APP/Q3630/D/21/3284263
15 Kingswood Close, Englefield Green, TW20 0NQ
• 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 Sally Dobson against the decision of Runnymede Borough
Council.
• The application Ref RU.21/1100, dated 25 June 2021, was refused by notice dated
14 September 2021.
• The development proposed, as described on the application form, is double/single
storey rear extension, first floor side extension above garage, replacement of front
double storey section, new front bay windows and roof canopy above porch.
Decision
1. The appeal is dismissed.
Applications for costs
2. An application for costs was made by Mrs Sally Dobson against Runnymede
Borough Council. That application is the subject of a separate decision.
Preliminary Matters
3. The proposal is described slightly differently on the decision notice and the
appeal form as the garage referred to in the original description has been
demolished. Accordingly the Council determined the application as including a
two storey side extension and I have considered the appeal in the same way.
4. I have also dealt with another appeal Ref APP/Q3630/D/21/3270792, relating
to planning application Ref RU.20/1423 (the first application) on this site. That
appeal is the subject of a separate decision. A revised planning application
Ref RU.21/0463 (the second application) was subsequently refused. The third
application, Ref RU.21/1100, is the subject of this appeal.
Main Issues
5. The main issues are the effect of the proposal on the character and appearance
of the host property and the street scene; and the effect on the living
conditions of occupiers of adjacent properties.
Reasons
Character and appearance
6. The appeal site is a detached house in a large garden in a built up residential
area of mostly modern detached properties of varying design styles. Some of
these have been extended. Residential extensions would be acceptable in
Appeal Decision APP/Q3630/D/21/3284263
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principle provided all planning policies and material considerations would be
satisfied.
7. The appeal proposal would retain about 1m gap to both the side boundaries. In
this respect the proposal would meet the requirements of the Runnymede
Design Supplementary Planning Document 2021 Appendix 4 Householder Guide
(the SPD).
8. As the roof of the proposed two storey side extension would be at the same
height as the main roof there would be some conflict with the SPD. However, at
the front, the hipped roof with projecting gable would be of the same form as
the existing and would be in keeping with the street scene. Moreover, the
projecting gable would be re-positioned so that the front elevation would be
symmetrical.
9. There are other examples of substantial properties on Kingswood Close and the
overall scale, mass and appearance of the proposal would not be out of
character with the street scene. The appeal property is at a higher level than
the properties across the street but, because of the setback from the roadside,
it is not noticeably more prominent than other properties.
10. Various elevational materials including render are evident along Kingswood
Close. Consequently the use of render for the external walls would not be
inappropriate and would avoid any potential problem of matching proposed and
existing materials. I see no reason to suppose that the proposal would fail to
integrate in the mixed style street scene.
11. Despite there being some conflict with the SPD in respect of the lack of
subordination with the host dwelling, on balance I consider the appearance of
the extended dwelling from the front would not harm the host property or the
street scene.
12. At the rear the proposed three hipped roof design would be somewhat
convoluted. However, this would mean the two storey extension roofs would be
lower than the ridge of the host property resulting in less bulk above the eaves.
The Council raises no specific concerns about the appearance from the sides or
rear and I see no reason to come to a different conclusion.
13. For the reasons set out above, on balance, I conclude that the proposed
extensions would not harm the character and appearance of the host property
or the street scene. Although there would be some conflict in respect of the
SPD, overall there would be no conflict with those aims of Policy EE1 of the
Runnymede 2030 Local Plan (the LP) which requires development to respond to
the local context.
Living conditions
14. Number 16 Kingswood Close to the west, is a single storey bungalow that
extends behind No 15. It has a number of windows in the east side elevation.
Some of these are obscure glazed but the kitchen window and door are not.
There are outbuildings within the curtilage of No 16 between the bungalow and
the boundary with the appeal site and these already impinge on the outlook
and light to the side windows of No 16.
15. I acknowledge that the proposed extensions would not protrude beyond the
rear wall of No 16. However, in this case I consider the overall length and
Appeal Decision APP/Q3630/D/21/3284263
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height of the proposed rear extensions so close to the shared boundary and
projecting well above the outbuildings would have a dominant and overbearing
effect on the outlook from the side windows and adjacent path at No 16
whether or not the kitchen counts as a habitable room. Accordingly the
extensions would result in gloomy and oppressive living conditions for
occupiers of No 16.
16. The front elevation of the appeal house is positioned a little way behind the
front wall of No 14 Kingswood Close. The latter is a two storey detached
dwelling with rear conservatories. The combined length of the two storey and
single storey rear extensions would be significantly greater than the guideline
of 3m for a single storey extension in the SPD. Nevertheless, the site plan
demonstrates that the two storey rear extension would not breach the
45 degree splay line from the centre of the nearest rear window of No 14 and
the single storey rear extension would not breach the 60 degree splay line. In
these respects the proposals do not conflict with the SPD and the Council raises
no objections in respect of the impact on the living conditions of the occupiers
of No 14.
17. However, I note that the SPD states that the angles and dimensions cited are
given to assist applicants but that individual cases will be considered on their
own merits. The hipped forms of the main roof would reduce the mass of the
roof and the single storey part would have a glazed roof but, in this case, I
consider that the overall length and height of the proposed rear extensions so
close to the shared boundary would have a dominant and overbearing effect on
the outlook from the conservatories and garden of No 14. In my judgement the
rear extensions would appear overbearing and would result in a gloomy and
oppressive outlook for the occupiers of that property.
18. I acknowledge that the existing house and boundary treatment, including the
beech hedge, cause some degree of overshadowing. However, the two storey
part of the proposal would be significantly higher and more intrusive than the
boundary treatment.
19. No windows are shown on the side elevations and no balconies are proposed.
Accordingly there would be no additional overlooking of neighbouring
properties as a result of the rear extensions.
20. I conclude that the proposed rear extensions would have a harmful effect on
the living conditions of the occupiers of the adjacent properties. Accordingly the
proposals would conflict with Policy EE1 of the LP; the SPD and those principles
of the National Planning Policy Framework that seek to ensure no adverse
effects the living conditions of occupiers of neighbouring properties.
Other Matters
21. There is a protected oak tree some distance away at the bottom of the garden.
Provided it was safe guarded during construction the proposals would not affect
the tree.
22. The proposal would improve the dwelling, providing more space and a modern
layout. However, there may be other less harmful ways in which this could
achieved so this matter does not lead me to any different conclusion in respect
of the proposals before me.
Appeal Decision APP/Q3630/D/21/3284263
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23. The appellant has cited a number of other examples of houses nearby which
have been granted permission for extensions. The resultant buildings form the
street scene. I have found that the proposal is acceptable in the street scene
which accords with the decisions on the cited examples. However, as far as I
can see from the available evidence, none would have the same degree of
harm to living conditions of occupiers of neighbouring properties as I have
identified as arising from the appeal proposal. Accordingly I do not consider
they set a precedent in this case.
24. The appellant makes reference to the Runnymede Householder Guide 2003.
However, this was not referred to on the decision notice for this appeal
proposal as that decision was made after the adoption of the SPD.
25. Officers recommended that planning permission should be granted for the first
application but the Planning Committee resolved that permission should be
refused. I acknowledge that the proposals have subsequently been amended
twice to try to overcome the objections raised. However, I have exercised my
own judgement on the planning merits of the proposals before me, and the fact
of amendments does not in itself lead me to any different conclusions.
26. The appellant has expressed dissatisfaction with the way in which the Council
handled the planning application. However, this does not go to the heart of the
planning merits of the proposals.
Conclusion
27. I conclude that the appearance of the proposed extensions would be
acceptable. However, I have found that the development would be harmful to
the living conditions of occupiers of adjacent properties and there would be
conflict with the development plan in this respect. I have found no material
considerations to outweigh this conflict. I conclude that the appeal should be
dismissed.
S Harley
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 18 January 2022
by S Harley BSc(Hons) MPhil MRTPI ARICS
an Inspector appointed by the Secretary of State
Decision date: 25th January 2022
Costs application in relation to Appeal Ref: APP/Q3630/D/21/3284263
15 Kingswood Close, Englefield Green, TW20 0NQ
• The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mrs Sally Dobson for an award of costs against Runnymede
Borough Council.
• The appeal was against a refusal of planning permission for double/single storey rear
extension, two storey side extension, replacement of front double storey section, new
front bay windows and roof canopy above porch (revised plans received 13/07/21).
Decision
1. The application for the award of costs is refused.
Reasons
2. The Planning Practice Guidance (the PPG) advises that costs may be awarded
against a party who has behaved unreasonably and thereby caused the party
applying for costs to incur unnecessary or wasted expense in the appeal
process. The PPG sets out what type of behaviour may give rise to a
substantive award against a local planning authority.
3. Officers recommended that planning permission should be granted for planning
application Ref RU.20/1423 (the first application) on this site, but the Planning
Committee resolved that permission should be refused by a majority of one
vote. Subsequently a second planning application, Ref RU.21/0463 and a
further application, Ref RU.21/1100 (the third application), the subject of the
appeal to which this costs application relates, were refused by Officers under
delegated powers. The latter two proposals were reduced in scale in an attempt
to overcome the reasons for refusal.
4. The appellant seeks a full award of the costs on the grounds that the Council
behaved unreasonably by not recommending the third application for
permission given the reduction in scale; by not referring the application to
Planning Committee, in the interests of good governance and after indicating
by email that it would be so referred; by not positively and proactively
engaging with the appellant for over a month and not responding to emails or
telephone calls. Moreover, there was a different case Officer for the third
application and that Officer did not visit the site.
5. It is clear from the delegated report on the third application that the Officer
was aware of the earlier applications but considered that the reductions in scale
were not sufficient to overcome the reasons for refusal. This is a matter of
judgement and it is not unreasonable behaviour to exercise such judgement. I
Costs Decision APP/Q3630/D/21/3284263
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acknowledge that the appellant considers that the reductions in scale between
the proposals is significant, but the Council were entitled to come to a different
conclusion.
6. I see no reason to doubt the Council’s statement that there was no procedural
or constitutional requirement for the third application to be referred to the
Planning Committee, unlike for the first application. Moreover, the Planning
Committee did not request oversight of any future applications. Even though
the first application was refused by one vote this becomes the decision of the
Council and gives a steer to Officers. I acknowledge that the appellant might
have preferred the third application to be considered at the Planning
Committee in the hopes that permission would be granted. However, I have
seen no positive indication that that would be the case. In my view it was
correct of Officers to follow the procedural and constitutional requirements and
not to refer the application to the Planning Committee if that was not required.
7. The email from the Council dated 11 August 2021 stated “….it is my opinion
that if the application is to be recommended favourably, it should go to the
Planning Committee.” (my emphasis). I do not consider that this gives a
commitment to consider the proposals favourably. Moreover my interpretation
of that email is that the third application would only be referred to the Planning
Committee only if Officers were to recommend permission be granted, which
was not the case.
8. It is unfortunate that the Council appears not to have engaged positively and
proactively with the appellant but Officers were entitled to conclude that
amendments small in nature and which did not require re- consultation would
not overcome their concerns. It is not reasonable that the Council failed to
respond to emails and telephone calls. However, this in itself does not affect
the planning merits of the proposal.
9. It is good practice to visit sites before issuing decisions on planning
applications. In view of the recommendation for permission in respect of the,
larger, first application, and notwithstanding the availability of photographs or
discussions with the original Officer, it seems to me that not carrying out a
further site visit amounts to unreasonable behaviour on the part of the Council.
However, there is no guarantee that a different decision would be reached, and
given my own conclusions in relation to the proposals, I conclude that the
appeal could not have been avoided.
10. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the PPG, has not been demonstrated. The
application for costs is refused.
S Harley
INSPECTOR
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