Proposed additional upper storey to dwelling materials and design will match the existing dwelling
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Residential Amenity
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Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 June 2022
by David Cross BA(Hons) PgDip(Dist) TechIOA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 June 2022
Appeal Ref: APP/N4205/D/22/3292853
5 Sledmere Close, Bolton BL1 8JP
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under Article 3, Schedule 2, Part 1, Class
AA of the Town and Country Planning (General Permitted Development)(England) Order
2015 (as amended) (the GPDO).
• The appeal is made by Mr M Kapasi against the decision of Bolton Metropolitan Borough
Council.
• The application Ref 12404/21, dated 1 October 2021, was refused by notice dated
7 December 2021.
• The development proposed is proposed additional upper storey to dwelling materials
and design will match the existing dwelling.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. The description of the proposal in the heading above has been taken from the
application form. However, in Part E of the appeal form it is stated that the
description has not changed but, nevertheless, a different wording has been
entered. Neither of the main parties has provided written confirmation that a
revised description has been agreed. Accordingly, I have used the one given on
the original application.
Main Issues
3. The main issues are the effect of the proposal on the:
• External appearance of the dwellinghouse; and
• Amenity of residents of 1 Sledmere Close in respect of outlook and light.
Reasons
External Appearance
4. The appeal site is at the end of a terrace located on a residential estate.
Although there is some variation in the form of buildings in the wider area, the
dwellings that make up this terrace and estate are of a relatively consistent
design and scale. The existing dwelling complements this design and scale. Due
to this, the relationship of the appeal site with the terrace and the wider estate
Appeal Decision APP/N4205/D/22/3292853
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are, in this case, relevant aspects of the consideration of the effect of the
development on the external appearance of the dwellinghouse.
5. The proposal would lead to a significant increase in the height of the
dwellinghouse. Due to the projection above nearby properties, this would
introduce a jarring and discordant element into this relatively cohesive group of
buildings. The flank walls of the extension would be readily apparent projecting
above the surrounding buildings, and would be an obtrusive and incongruous
feature within this estate.
6. There is a step in the roof line of the terrace, although this is of a very limited
scale and does not set a context for the increase in height which would result
from the appeal proposal. The appeal site is located at the end of a terrace,
and the appellant refers to end terrace properties being of an increased height
acting as a ‘book-end’. However, this ‘book-end’ arrangement is not a feature
of this estate, and consideration of this matter does not lead me to a different
conclusion in respect of the incongruous appearance of the proposal. Although
the design of the extension would reflect the existing first floor and would use
matching materials, this would not be sufficient to overcome the harm arising
from the increase in height and prominence.
7. For the above reasons, I conclude that significant harm would be caused to the
external appearance of the dwellinghouse, with consequent harm to the
character and appearance of the area. The GPDO sets out that regard should
be had to the National Planning Policy Framework (the Framework) so far as
relevant to the subject matter of the prior approval. Due to the identified harm,
the proposal would conflict with the Framework in respect of achieving well-
designed places. Insofar as it is relevant to this matter, the proposal would also
conflict with the urban design considerations of policy CG3 of the Council’s Core
Strategy 2011.
8. The Council refers to the House Extensions SPD(1) 2012, although the extract
provided to me does not address the matter of external appearance. However,
this does not negate my conclusions on this matter.
Amenity
9. Habitable rooms of 1 Sledmere Close face onto the gable wall of the appeal
site. The evidence suggests that this includes a lounge window which would
represent a main window serving a main habitable room.
10. The Council refers to guidance on the separation distances between dwellings,
which in respect of the appeal proposal for an additional upper storey would
recommend a separation distance of 16.5m(2) between the extension and the
facing elevation of No 1. Although this is only guidance, I consider that this is a
useful rule of thumb in assessing matters including the visual impact of a
proposed extension as well as loss of light. The appellant refers to a separation
distance of 14m, which is significantly less than that referred to by the Council.
The separation distance between the appeal site to No 1 and the likely effect of
an increase in the height and bulk of the building arising from the proposal
were also apparent on my visit.
1 Supplementary Planning Document
2 13.5m Plus 3m for each additional storey
Appeal Decision APP/N4205/D/22/3292853
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11. Based on what I have seen and read, due to the increase in height and bulk of
the appeal site as well as the proximity to No 1, the proposal would have an
overbearing relationship with a lounge window of the neighbouring dwelling.
The appeal site is also located to the south of No 1 and, due to this
arrangement, the increase in height and massing arising from the proposal
would lead to an unacceptable loss of light and increase in overshadowing to
No 1. This would be the case even allowing for the relatively shallow roof pitch
of the proposal.
12. The appellant refers to the lounge of No 1 being a ‘sunshine room’ with
windows at both ends. However, this does not mean that either window serving
the lounge should be discounted as being a main window. Given the scale of
the proposal and its relationship with the south-facing window of No 1, the
internal layout of the neighbouring property would not mitigate for the harm
arising to outlook and light.
13. I therefore conclude that the proposal would lead to significant harm to the
amenity of residents of No 1 in respect of outlook and light. The proposal would
therefore be contrary to the Framework which seeks to achieve a high standard
of amenity for existing and future users of land and property. Insofar as they
are relevant to this main issue, the proposal would conflict with the amenity
considerations of policy CG4 of the Core Strategy as well as the House
Extension and General Design Principles SPDs.
Other Matters
14. I have had regard to the appellant’s circumstances, including their wish to
improve accommodation for their family and concerns about extending the
dwelling to the rear. However, these matters do not fall within the remit of this
application for prior approval, and in any event would not outweigh the
significant harm I have identified.
Conclusion
15. For the reasons given above, I conclude that the appeal should be dismissed.
David Cross
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