Hip to gable roof extension including conversion of loft space from storage to habitable room, dormer to the rear and velux windows to the front, conversion of garage to habitable room including internal alterations, porch at front
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Extensions
Character & Appearance
Conversion/Use
Inspector’s Reasoning
Appeal Decision
Site visit made on 1 February 2022
by R W Allen B.Sc (Hons) PGDip MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15 February 2022
Appeal Ref: APP/W2465/D/21/3288669
9 Egerton Avenue, Leicester, LE4 0DQ
• 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 Zunaid Patel against the decision of Leicester City Council.
• The application Ref 20211618, dated 28 June 2021, was refused by notice dated
29 October 2021.
• The development proposed is hip to gable roof extension including conversion of loft
space from storage to habitable room, dormer to the rear and velux windows to the
front, conversion of garage to habitable room including internal alterations, porch at
front.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. I see no obvious reason to depart from the appellant’s description of the
proposal as the Council has done for its decision notice, and I have therefore
used the description as prescribed in the application form in the banner
heading above. Both the appellant and the Council describe the proposed
dormer window as only being at rear. However, the appeal drawings illustrate
that the dormer window would extend to the side as well, and it is a little
disingenuous to describe the side alterations as a hipped to gable roof
conversion. As the appellant concedes this point in paragraph 7 of their
statement of case, I shall determine the scheme as such.
Main Issue
3. The main issue is the effect of the proposed development on the character and
appearance of the dwelling and the area.
Reasons
4. The appeal property is a two-storey semi-detached dwelling which, along with
its adjoining neighbour, is designed with a hipped roof. This is a very common
feature of this area with the only exceptions I observed being two detached
dwellings on the opposite side of the road to the appeal site which have gabled
end roofs. I therefore do not share the appellant’s view that the roof forms are
predominately mixed in character.
5. Unlike many of its neighbours, the appeal property is not flanked to the side
with a dwelling on the same axis, as the adjoining neighbour is on Welbeck
Avenue and as such lies at right angles to the dwelling. The relevance of this is
that the roof of the appeal property is both prominent and highly visible in the
Appeal Decision APP/W2465/D/21/3288669
2
street particularly when viewed from the junction of Egerton and Welbeck
Avenues.
6. In my judgement, the proposed dormer window by reason of its design and
size would appear as a bulky, dominant and unsympathetic addition to the
property. I note that the appellant has attempted to retain the semblance of
the hipped roof at the frontage of the property by setting the dormer window
back. However, this attempt would not prevent the existing roof from being
subsumed by the dormer window, resulting in the property appearing as a
three-storey dwelling with a flat roof, and appearing wholly at odds with the
surrounding character. The blank and featureless front and side elevations of
the dormer window would only exacerbate its unattractiveness. While it may sit
within the existing ridgeline, I do not find the proposed dormer window would
be subservient as the appellant suggests.
7. I observed limited comparable examples in the surrounding locality where the
proposed development had been directly or similarly replicated. While I noted,
albeit with glimpsed views, a dormer addition to a property further towards the
end of Egerton Avenue, this appeared to be confined only to the rear roof slope
with the property retaining its hipped roof character on its side. I did not
therefore find any tangible link from here or any other property to persuade me
to alter my findings.
8. No party objects to the proposal for the single-storey front extensions or the
insertion of rooflights to the front roof slope. While I concur, I am not
persuaded, particularly in relation to the rooflights, that these elements are
obviously divisible and separable from the main roof alterations which I have
discussed above. Because of this, I am not in a position to consider issuing a
split decision to permit those other elements of the appeal and the appellant
has in any event not invited me to do so. Insufficient evidence is also before
me on the so called “fallback” position which the appellant states they may be
allowed to do under permitted development rights. As such, they have had no
bearing on my decision.
9. For the reasons given above, I therefore find that the proposed development
would have an unacceptable effect on the character and appearance of the host
property and the surrounding area. It would conflict with policy CS03 of the
Leicester City Local Development Framework Core Strategy, which is the
general design policy, and seeks amongst other things high quality designs
which contribute positively to the character and appearance of the local
environment. It would also conflict with the Council’s guidance and the relevant
parts of the National Planning Policy Framework.
Conclusion
10. For the reasons given above I conclude that the appeal should be dismissed.
R W Allen
INSPECTOR
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