To add an extra floor comprising of two additional bedrooms and a shower room
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Inspector’s Reasoning
Appeal Decision
Site visit made on 15 December 2022
by Jane Smith MA MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 January 2023
Appeal Ref: APP/D1780/D/22/3299740
57 Bullar Road, Southampton, Hampshire SO18 1GT
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under Schedule 2, Part 1, Class AA of the
Town and Country Planning (General Permitted Development) (England) Order 2015.
• The appeal is made by Mr Matthew Perkins against the decision of Southampton City
Council.
• The application Ref 22/00010/PA2A, dated 5 January 2022, was refused by notice dated
7 March 2022.
• The development proposed is to add an extra floor comprising of two additional
bedrooms and a shower room.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The Council considers that the proposal accords with the requirements set out
in Paragraph AA.1 of the Town and Country Planning (General Permitted
Development) (England) Order 2015 (GPDO). There is no evidence before me
to the contrary. The Council’s decision notice confirms that the sole matter in
contention is prior approval matter (ii)(aa) as set out in Paragraph AA.2(3)(a)
of the GPDO, namely the external appearance of the dwellinghouse, including
the design and architectural features of the principal elevation.
Main Issue
3. The main issue is the effect of the proposed development on the external
appearance of the dwellinghouse, with particular regard to the design and
architectural features of the principal elevation.
Reasons
4. The appeal property is a two storey detached house constructed in brick, with a
flat roof and enclosing parapet. A stairwell access and chimney stack project
above the flat roof along one flank elevation.
5. Bullar Road is a street of mainly residential properties. Most of the surrounding
dwellings are on two storeys, although some include a third storey, generally at
least partly within a pitched roof. Pitched roofs are the norm and most are fully
hipped. Elevational detailing varies, but typically includes a range of
architectural features such as bay windows, projecting or recessed porches and
decorative use of contrasting materials to highlight window and door openings.
Appeal Decision APP/D1780/D/22/3299740
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6. The appellant has explained that the flat roofed design of the existing dwelling
is a result of its having been rebuilt in the post war period, when materials
were scarce. Its rather utilitarian form and elevational treatment reflect that
history. As a result, it is already somewhat incongruous in the context of the
more elaborately detailed dwellings which surround it.
7. However, the scale of the existing dwelling is reasonably consistent with the
surrounding two storey dwellings. The ground and first floor windows align with
those of adjacent properties and the parapet around the flat roof is in line with
adjacent pitched roofs. Although the stairwell and chimney stack project
upwards, they are set back from the front elevation and are of comparable
height and alignment to the surrounding hipped roofs and chimney stacks. As a
result, although these features are visible as part of the roofscape, they are not
unduly prominent or intrusive.
8. The proposed extension would replicate the utilitarian design of the existing
front elevation, as well as significantly increasing its scale. Although the net
height increase would be more limited when considered in relation to the
highest point of the stairwell and chimney stack, there would be a significant
overall increase in building mass. The resulting building would have a strong
vertical orientation, projecting well above the eaves of nearby dwellings and
introducing a much more angular element within the surrounding roofscape.
Whereas the existing stairwell and chimney stack are set back from the street,
the additional storey would occupy the full width of the front elevation. As a
result it would be significantly more prominent, appearing even more
incongruous within the street scene.
9. The High Court has ruled1 that the scope of control over the external
appearance of the dwelling under prior approval matter (ii)(aa) is not limited to
impact on the subject property itself, but also includes impact on the wider
locality. As such, it is relevant to consider the effect of the proposed extension
on both the subject dwelling and the surrounding streetscape. In this case, the
proposed development would perpetuate an architectural approach of little
intrinsic merit, which is already inconsistent with its surroundings. In so doing,
it would further undermine the character of the wider street scene.
10. The limited number of three storey dwellings near the appeal site have pitched
roofs, incorporating the second floor accommodation, thereby harmonising
more effectively with the surrounding roofscape. Although there are blocks of
flats at each end of Bullar Road, these are more remote from the appeal site.
They also depart from the design of the appeal property in several respects.
Therefore, the presence of other three storey buildings in the wider area does
not change my view of the harm which would arise from this proposed
development.
11. For the reasons set out above, I conclude that the proposed development
would have a harmful effect on the external appearance of the dwelling, with
particular regard to the design and architectural features of the principal
elevation. In this respect, it would conflict with relevant paragraphs of the
National Planning Policy Framework July 2021, notably paragraph 130 which
requires amongst other things that developments are visually attractive and
sympathetic to local character including the surrounding built environment.
1 CAB Housing Ltd, Beis Noeh Ltd & Mati Rotenberg v SSLUHC [2022] EWHC 208 (Admin)
Appeal Decision APP/D1780/D/22/3299740
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12. For this reason, prior approval should not be granted.
Other Matters
13. I note that the proposed development would provide improved family
accommodation and that this is supported by an interested party. I further note
that the flat roof is stated to be in need of repair. However, there is no clear
evidence that these issues are incapable of being resolved through alternative
design approaches. In any event, my consideration of the case is solely limited
to matters set out in the GPDO, which do not encompass such potential
benefits.
14. The absence of identified harm to the living conditions of neighbouring
occupiers under prior approval matter AA.2(3)(a)(i) does not have any bearing
on the main issues as set out above, since all prior approval matters must be
satisfied in order for prior approval to be granted.
Conclusion
15. For the reasons set out above, the appeal is dismissed.
Jane Smith
INSPECTOR
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