Single Storey wrap-around extension

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Residential Amenity
Extensions
Character & Appearance

Inspector’s Reasoning

Appeal Decision Site visit made on 22 March 2022 by J Davis BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 6th April 2022 Appeal Ref: APP/E5330/D/21/3288561 221 Green Lane, Eltham, London, SE9 3TA • 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 Menh Su against the decision of the Council of the Royal Borough of Greenwich. • The application Ref 21/2704/HD, dated 21 July 2021, was refused by notice dated 14 September 2021. • The development proposed is described as a Single Storey wrap-around extension. Decision 1. The appeal is allowed and planning permission is granted for a Single Storey wrap around extension at 221 Green Lane, Eltham, London, SE9 3TA in accordance with the terms of the application, Ref 21/2704/HD, dated 21 July 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 2021-221GL-EXT-1 Rev 1.0; 2021- 221GL-EXT-2 Rev 1.0; 2021-221GL-EXT-3 Rev 1.0; 2021-221GL-EXT-4 Rev 1.0; 2021-221GL-EXT-5 Rev 1.0; and 2021-221GL-EXT-6 Rev 1.0. 3) The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building. Main Issue 2. The main issue is the effect of the proposal on the living conditions of the occupiers of 219 Green Lane, with particular reference to outlook and light. Reasons 3. The appeal property is a two-storey, semi-detached dwelling. The proposal is for a single storey rear and side wrap around extension, following the demolition of an existing rear extension. 4. The Council’s Residential Extensions, Basements and Conversions Guidance SPD (2018) (SPD) provides detailed design guidance for various types of residential development. Amongst other matters, it advises that single storey rear extensions should not normally project out more than 3.6 metres from the Appeal Decision APP/E5330/D/21/3288561 2 rear wall of the original house, as deeper extensions could block out daylight and sunlight for neighbouring properties. The proposed extension would extend beyond the rear of the neighbouring attached dwelling, 219 Green Lane, by about 3.6 metres and the proposal would therefore comply with the guidance contained within the SPD in terms of its depth adjacent to the boundary with No 219. 5. There are windows and patio doors on the rear elevation of No 219. The part of the extension closest to No 219 would have a mono pitch roof with a maximum height of around 3.6 metres, sloping down to a height of about 2.7 metres at the eaves. The boundary with 219 Green Lane is formed by a close boarded fence which sits on a fairly high concrete gravel board with an overall height well in excess of 2 metres. Whilst I note that the proposed extension would be directly to the south of No 219, I consider that due to the height of the existing boundary fence, the modest depth of the proposed extension and its lean-to roof design, any adverse effect on the amount of daylight and sunlight received by the ground floor openings on the rear of No 219 would be minimal. I am also satisfied for the same reasons that the proposal would not be harmful to the outlook from rear windows, or the rear garden of No 219. 6. I therefore conclude that the proposal would not have a materially harmful effect on the living conditions of the occupiers of 219 Green Lane, with particular reference to outlook and light. Thus, it complies with Policy DH(b) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies (2014) and the SPD which seek to protect the amenity of adjacent occupiers. Conditions 7. A condition requiring the use of matching materials is necessary to protect the character and appearance of the dwelling and the local area. I have also imposed a condition specifying the relevant plans to provide certainty. Conclusion 8. For the reasons set out above, and having regard to all other matters raised, I conclude that the appeal should succeed. J Davis INSPECTOR
£ Costs decision section
Costs Decision Site visit made on 22 March 2022 by J Davis BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 6th April 2022 Costs application in relation to Appeal Ref: APP/E5330/D/21/3288561 221 Green Lane, Eltham, London, SE9 3TA • 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 Mr Menh Su for a full award of costs against the Council of the Royal Borough of Greenwich. • The appeal was against the refusal of planning permission for a Single Storey wrap- around extension. Decision 1. The application for an award of costs is refused. Reasons 2. The Planning Practice Guidance (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. 3. The applicant claims that the Council has acted unreasonably on the following grounds: • Preventing or delaying development which should clearly be permitted, having regard to its accordance with the development plan, national policy and any other material considerations; • Vague, generalised or inaccurate assertions about a proposal’s impact, which are unsupported by any objective analysis; and • Failure to determine similar cases in a consistent manner. 4. The PPG1 advises that a local planning authority (LPA) could be at risk of a substantive award of costs if they behave unreasonably with respect to the substance of the matter under appeal, for example by unreasonably refusing or failing to determine planning applications, failing to produce evidence to substantiate each reason for refusal, or vague, generalised or inaccurate assertions about a proposal’s impact, which are unsupported by any objective analysis. It also advises that LPAs could be at risk of an award of costs if they fail to determine similar cases in a consistent manner. 1 Paragraph: 049 Reference ID: 16-049-20140306 Costs Decision APP/E5330/D/21/3288561 2 5. Although I have reached a different decision to the Council in respect of the main issue, this is a matter of subjective judgement. Whilst I have found that the proposal would comply with the SPG2, the SPG is for guidance only and the Council are entitled to take other factors into account, such as the height of the proposed extension, when determining planning applications. Moreover, the Council’s officer report provided sufficient evidence to support its reason for refusal which is sufficiently clear and precise and it was not unreasonable for the Council to take the view it did. 6. The applicant has highlighted similarities between the appeal proposal and a nearby proposal at 239 Green Lane that was approved by the LPA under reference 18/0058/HD in 2018. However, I do not have full details of that proposal and based on the information before me, I am not persuaded that the Council have acted unreasonably with regard to consistency in decision making. Furthermore, each application is determined on its own merits and I do not consider the approval of application 18/0058/HD at 239 Green Lane to be a ‘fallback’ position for the proposed development at No 221. 7. The applicant also highlights difficulties encountered in communicating with the Council at the application stage. The PPG states that the local planning authority may be at risk of costs if better communication with the applicant would have enabled the appeal to be avoided altogether. I accept that the applicant must have found the perceived lack of communication with the Council frustrating. However, I have no evidence before me to suggest that better communication with the applicant would have resulted in planning permission being granted in this particular case and thus avoiding the need for the appeal and the expense associated with it. 8. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated. Therefore, a full award of costs is not justified. J Davis INSPECTOR 2 Residential Extensions, Basements and Conversions Guidance SPD (2018)
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