Proposed alterations and extensions to form new open- plan kitchen/dining/family area to rear of the house. Removal of existing car port and formation of new double garage and home office. Existing single garage to be removed and new guest bedroom & en-suite to be formed
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Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 27 September 2022
by J Davis BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25th October 2022
Appeal Ref: APP/C3620/D/22/3294090
8 Hazel Way, Fetcham, KT22 9QD
• 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 Adam Bell against the decision of Mole Valley District Council.
• The application Ref MO/2021/0843/PLAH, dated 21 April 2021, was refused by notice
dated 9 December 2021.
• The development proposed is ‘proposed alterations and extensions to form new open-
plan kitchen/dining/family area to rear of the house. Removal of existing car port and
formation of new double garage and home office. Existing single garage to be removed
and new guest bedroom & en-suite to be formed.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• The effect of the proposal on the character and appearance of the
existing dwelling and the surrounding area; and
• The effect of the proposal on the living conditions of occupiers of the
neighbouring dwellings, with particular reference to privacy and light.
Reasons
Character and appearance
3. The appeal property is a detached two storey dwelling with a single garage and
lean-to on one side and a detached double car port on the other side. It is
located in part of the road that comprises houses of a similar design and
appearance although many have subsequently been altered and extended.
4. The proposed part two storey, part single storey side extension would be set in
from the side boundary with 10 Hazel Way by 0.9m. The two-storey element
would have a width of 5.35m and would be set back from the main front
elevation of the host dwelling by about 0.8m. Its eaves and ridge height would
be the same as the host dwelling. The extension would be constructed in
matching materials and would respect the design and appearance of the host
dwelling. Furthermore, the design of the proposed two storey extension mirrors
that of other similar extensions to dwellings in the immediate area. I therefore
consider that when taken in isolation, the proposed two storey extension would
Appeal Decision APP/C3620/D/22/3294090
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not be harmful to the character and appearance of the host dwelling or the
surrounding area.
5. The proposed single storey side extension adjacent to the boundary with
6 Hazel Way would be located in a similar position to the existing garage.
Whilst the proposed extensions would take up much of the width of the plot,
this would not be dissimilar to other properties in the vicinity, including at 6
Hazel Way, and would not be harmful to the spatial characteristics of the area.
6. The proposal also involves large single storey extensions to the rear of the
dwelling. Beyond the proposed two storey side extension, a further single
storey extension of about 7m depth is proposed adjacent to the boundary with
No 10. An extension off the main rear wall of the host dwelling would have a
depth of about 11m, although a 3m section of this extension would be in the
form of a canopy over a patio area. The single storey side / rear extension on
the south eastern side of the dwelling would also extend beyond the rear
elevation of the original dwelling by a further 4m.
7. The proposed extensions to the dwelling would combine to give a very large
footprint which would be out of keeping with the size, scale and form of other
properties in the surrounding area. Moreover, when taken cumulatively, the
proposed extensions would dwarf and overwhelm the host dwelling and would
fundamentally change its scale, character and appearance. Whilst the dwelling
is located in a large plot, the proposed extensions when taken together would
result in an overdevelopment of the host property. This would be harmful to its
existing character and appearance and would be at odds with the character and
appearance of the surrounding area.
8. For these reasons, the proposal would have a harmful effect on the character
and appearance of the host dwelling and surrounding area. Thus, it would be
contrary to Policy CS14 of the Mole Valley Local Development Framework Core
Strategy (October 2009) (CS); and Policies ENV22, ENV23 and ENV32 of the
Mole Valley Local Plan (October 2000) (LP). These policies require, amongst
other things, development to respect its setting and to respect and enhance
the character of the area, whilst being of an appropriate scale and form for the
site.
Living conditions
9. With regard to the effect on the proposal on the living conditions of the
occupiers of 10 Hazel Way, the Council’s concern is in relation to privacy. The
only proposed window on the side elevation of the extension adjacent to No 10
is a ground floor window serving a study. This window would be broadly
opposite a lean-to to the rear of No 10’s garage. Whilst No 8 is on slightly
higher ground than No 10, I am satisfied that any views from this ground floor
window would be largely of the boundary fence with the outbuilding beyond
and accordingly, I am satisfied that the proposal would not have any material
effect on the privacy of the occupiers of No 10.
10. The proposed single storey extension on the south eastern side of the dwelling
would be adjacent to the high flank wall of an existing single storey extension
to 6 Hazel Way, which is located at a higher ground level. The side extension
would not extend significantly beyond the rear elevation of the extension to
No 6 and would not have any material effect on light received by windows on
the rear elevation.
Appeal Decision APP/C3620/D/22/3294090
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11. The deep single storey rear extension would have a low eaves height and
would slope up gently to form a central ridge. The Council confirm that the
extension would technically breach the 45-degree plane from the middle of the
closest neighbouring window and the 25-degree rising plane. However, given
the distance that the extension is set off the boundary, together with its low
eaves and ridge height and the difference in levels between the two dwellings,
in my view the proposal would not have a significant effect on the amount of
light received by windows on the rear of No 6.
12. I am therefore satisfied that the proposal would not result in harm to the living
conditions of the occupiers of the adjoining dwellings with particular reference
to light and privacy. Thus, it would comply with LP Policy ENV22 which seeks to
ensure development does not significantly harm the amenities of occupiers of
neighbouring properties by reason of overlooking or overshadowing. It would
also accord with Policy ENV32 which seeks to ensure that house extensions do
not harm the reasonable privacy and adequate daylighting and sunlighting for
neighbours.
Other Matters
13. With regard to the appellants comments regarding the handling of the original
planning application and lack of communication from the Council, these matters
are not within the remit of this appeal.
Conclusion
14. Whilst I have concluded that the proposal would not be harmful to the living
conditions of neighbouring occupiers, I have identified harm to the character
and appearance of the host dwelling and surrounding area. Thus, for reasons
given above and having regard to all other matters raised, I conclude that the
appeal should be dismissed.
J Davis
INSPECTOR
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