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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