Demolition of side garage and rear bin enclosure and erection of 2 x two-storey side extensions to both sides of dwelling with relocated front entrance and new front porch, part single-storey and two-storey rear extension with extended rear patio, 2 No rear dormers, and installation of 6 x roof lights to dwellinghouse
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 22 August 2022
by John D Allan BA(Hons) BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 September 2022
Appeal Ref: APP/T5150/D/22/3299130
17 The Ridgeway, Harrow, HA3 0LJ
• 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 Hirani against the decision of the Council of the London
Borough of Brent.
• The application Ref 22/0006, dated 3 January 2022, was refused by notice dated
25 February 2022.
• The development proposed is demolition of side garage and rear bin enclosure and
erection of 2 x two-storey side extensions to both sides of dwelling with relocated front
entrance and new front porch, part single-storey and two-storey rear extension with
extended rear patio, 2 No rear dormers, and installation of 6 x roof lights to
dwellinghouse.
Decision
1. The appeal is allowed and planning permission is granted for demolition of side
garage and rear bin enclosure and erection of 2 x two-storey side extensions to
both sides of dwelling with relocated front entrance and new front porch, part
single-storey and two-storey rear extension with extended rear patio, 2 No rear
dormers, and installation of 6 x roof lights to dwellinghouse at 17 The
Ridgeway, Harrow, HA3 0LJ in accordance with the terms of the application,
Ref 22/0006, dated 3 January 2022, 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: Drg Nos 1366-001-PL Rev A, 1366-
002-PL Rev A, 1366-003-PL Rev A, 1366-004-PL Rev A, 1366-005-PL Rev
A, 1366-006-PL Rev C, 1366-007-PL Rev C, 1366-008-PL Rev C, 1366-
009-PL Rev C, and 1366-010-PL Rev C.
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.
4) The upper-floor windows located on the flank wall and roof slope forming
the side elevation of the building facing 15 The Ridgeway shall be: —
obscure-glazed; non-opening unless the parts of the window which can
be opened are more than 1.7 metres above the floor of the room in which
the window is installed; and in the case of the first-floor window, only
able to be opened inwards.
Appeal Decision APP/T5150/D/22/3299130
2
Procedural Matter
2. Since the date of the decision the Council has adopted the Brent Local Plan
2019-2014 (LP) in February 2022. The Brent Core Strategy 2010 and the
Brent Development Management Policies Plan 2016 have both been revoked
and their respective Policies CP17 and DMP1, as referred to in the Council’s
decision, are no longer relevant. The Council has forwarded a copy of Policy
DMP1 from the new LP in support of their decision, which confirms that its
wording is broadly the same as the former Policy DMP1. I have considered the
appeal having regard to the up-to-date development plan.
Background and Main Issue
3. The appeal proposal contains a number of elements. Planning permission (Ref
22/1074) was granted on 13 May 2022 for development identical to the current
appeal proposal with the sole exception of a side dormer window to the roof of
the two-storey side extension and facing 15 The Ridgeway. The main issue
therefore is the effect of the side dormer window on the character and
appearance of 17 The Ridgeway and the wider street scene.
Reasons
4. The Council’s Residential Extensions & Alterations Supplementary Planning
Document 2 (SPD) advises that side dormers will only be allowed if well
designed and where the dormer does not compromise the building’s or the
street’s character, or the neighbour’s privacy. It goes on to require dormers to
be set down from the ridge by at least 0.3m and up from the eaves line by at
least 0.5m.
5. The proposed side dormer would be of traditional design, with a gabled roof
and materials to match the main roof. It would be set down from the ridge and
up from the eaves of the side extension’s roof to comply with the requirements
of the SPD. It would also be set away from the sides such that it would appear
well contained and proportionate to the size of the roof overall. Furthermore,
the dormer would be recessed deeply behind the dwelling’s front elevation and
would not appear as a prominent or bulky addition to the area, which
comprises a mix of dwelling types and sizes with no important sense of
uniformity or rhythm to the street scene. Neither is there any symmetry to the
existing dwelling that would be harmed. The SPD does not discount the
possibility of a side dormer and in this case, I am satisfied that it would display
the quality of design that is required by LP Policy DMP1 in order to complement
the locality.
Other matters
6. I have carefully considered the concerns expressed by the neighbouring
occupiers at No 15. Subject to appropriate control of the glazing to be used,
which could be achieved by condition, the proposed side dormer would not add
significantly to any real or perceived overlooking of the neighbours’ property
beyond that already approved. There is no substantive evidence to suggest
that the dormer window would affect levels of light to the neighbouring
property. I note that the Council raised no concern with regard to these
specific issues.
Appeal Decision APP/T5150/D/22/3299130
3
Conditions
7. A condition specifying the relevant plans is necessary as this provides certainty.
In the interests of maintaining the character and appearance of the area a
condition is required to ensure that the proposal is finished with materials that
would match the existing.
8. To safeguard the amenities of the neighbouring occupiers a condition is
required to control the glazing to be used in the flank windows of the two-
storey side extension.
9. The neighbours have raised concern over use of the property other than as a
single-family dwelling. However, there is no evidence before me to suggest
that the property would be used in this manner, or that exceptional
circumstances exist for me to consider withdrawing any permitted development
rights that may be associated with that use.
Conclusion
10. For the reasons given, I am satisfied that there would be no harm to the
character or appearance of 17 The Ridgeway or the street scene. Accordingly,
and in the absence of any other conflict with the development plan, the appeal
is allowed.
John D Allan
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.