Erection of a rear dormer and two front rooflights
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 4 February 2022
by J D Westbrook BSc(Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 February 2022
Appeal Ref: APP/B0230/D/21/3287529
4 Wychwood Avenue, LUTON, LU2 7HU
• 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 Mamnun Khan against the decision of Luton Borough Council.
• The application Ref 21/01301/FULHH, dated 16 September 2021, was refused by notice
dated 1 November 2021.
• The development proposed is the erection of a rear dormer and two front rooflights.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues in this case are the effect of the proposed dormer and
rooflights on:
• The character and appearance of Wychwood Avenue, and
• The visual amenities of adjoining properties.
Reasons
3. No 4 is a semi-detached house situated on the eastern side of Wychwood
Avenue. It has a two-storey side extension set back from the main front
elevation of the house and set down a little from the main roof ridge. It also
has a single-storey, full-width rear extension. The side extension is built up to
the boundary with the adjacent No 6. The main part of the dwelling has a
hipped roof with front gable above the two-storey bay. The side extension has
a gable end. Wychwood Avenue is typified by semi-detached and detached
houses, some with two-storey side extensions.
4. The proposed development would involve the construction of a full-width
dormer across the rear roof slopes. The difference in height between the main
roof ridge and that of the side extension means that the dormer has two
different heights, both set just a little below the respective ridge levels. There
would be two rooflights inserted into the front roof slopes.
5. Policy LLP1 of the Council’s Local Plan (LP) indicates that new development
should preserve or improve the character of the area and that they should
respond to and enhance local character. Policy LLP19 relates to extensions to
dwellings and indicates that the scale, mass, and design should be consistent
Appeal Decision APP/B0230/D/21/3287529
2
with and proportionate to the principal dwelling, surrounding properties,
streetscape and character of the area. Furthermore, the extension should be
of ancillary scale to the original building. Policy LLP25 indicates that
development should enhance the distinctiveness and character of an area by
responding positively to the townscape, street scene, site/building context,
form, scale, height, pattern and materials, and distinctiveness of the area.
6. The Council contends that the proposal would result in a discordant form of
development which would be out of scale and character with the existing
dwelling, and that it would injuriously affect the visual amenities of the
adjoining properties by reason of an incongruous and unsympathetic addition
to the existing form of the original dwelling.
7. The appellant contends that the proposed dormer would be subservient to the
main dwelling and that there are other examples of large dormers at a number
of dwellings along Wychwood Avenue in the vicinity of the appeal property.
Furthermore, he contends that there would be no discernible impact on
neighbouring properties to the side and rear. Finally, he contends that only a
very small section of the dormer roof would be visible above the existing roof,
and that the proposed front rooflights would not appear asymmetrical due to
being positioned on different roof-slopes.
8. The proposed dormer would occupy the full width of the roof of the property,
including the side extension. To do this would require a drop in the flat roof
level part way along its width. It would also necessitate part of the dormer
roof being visible above the roof ridge from the road. Whilst visibility from the
road would be minimal, it is indicative of the fact that the dormer would be a
bulky and somewhat cramped feature occupying almost all of the rear roof-
slope. This bulk and two-level flat roof design would represent an over-
dominant, incongruous and somewhat awkward feature on the host property.
9. I note the existence of a number of large flat-roofed rear dormers on properties
in the vicinity, some of which are more visible in the street scene than would
be the proposal at No 4. However, from the evidence before me, it would
appear that none of these dormers extend across the whole width of the plot
nor include the use of the rear roof-slope of a side extension. They cannot
therefore be seen as a precedent for the current proposal, which has a harmful
impact on the appearance of the host dwelling.
10. I concur with the appellant that the dormer would have only minimal impact on
the visual amenities of the occupiers of adjacent houses to the side and rear,
and there is no evidence before me to support the contention that the dormer
would have any significant adverse impact on light received at the rear of those
houses. However, this lack of harm does not outweigh the visual harm that
would be caused to the character and appearance of No 4 itself.
11. In conclusion, I find that the proposed dormer, by reason of bulk and
incongruous design on the rear roof-slope of the host property, together with
its adverse impact, albeit very slight, on the street scene, would be harmful to
the character and appearance of this part of Wychwood Avenue. It would not
respond positively to the townscape, street scene, and site/building context,
while the scale, mass, and design would not be consistent with and
proportionate to the principal dwelling or surrounding properties. It would not
represent high-quality design and, on this basis, it would conflict with Policies
LL1, LL19 and LL25 of the LP.
Appeal Decision APP/B0230/D/21/3287529
3
Other Matter
12. From the submitted plans, I have some concerns that the external height of
that section of the dormer above the side extension, is shown as only around
1.7 metres, which would appear likely to result in a very limited internal
headroom for one of the bedrooms proposed for the loft. In addition, there
would appear to be discrepancies between the proposed elevations and
proposed loft floor plan. In particular, the scale/height of the front gable roof
differs between plans, resulting in inconsistencies in the apparent location of
one of the proposed roof lights. Finally, there is no indication on the elevations
plan of the flat-roof rooflight, which is shown on the floorplans. These are all
only minor issues that have not, in themselves, influenced my decision, but
they add to my concerns about the somewhat cramped and incongruous nature
and design of the proposal as a whole.
J D Westbrook
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.