New rear annex extension to half of existing terrace at second floor level with London Stock bricks to match existing; 2 no. linked dormer windows at the rear; and 3 no. rooflights at the front
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Extensions
Heritage & Conservation
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 July 2018
by Graham M Garnham BA BPhil MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 18th July 2018
Appeal Ref: APP/N5660/D/18/3200747
25 Lydon Road, London, SW4 0HP
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 Mark Hopkins against the decision of London Borough of
Lambeth Council.
The application Ref 17/05651/FUL, dated 20 November 2017, was refused by notice
dated 25 January 2018.
The development proposed is new rear annex extension to half of existing terrace at
second floor level with London Stock bricks to match existing; 2 no. linked dormer
windows at the rear; and 3 no. rooflights at the front.
Decision
1. The appeal is allowed and planning permission is granted for new rear annex
extension to half of existing terrace at second floor level with London Stock
bricks to match existing, 2 no. linked dormer windows at the rear and 3 no.
rooflights at the front at 25 Lydon Road, London, SW4 0HP in accordance with
the terms of the application Ref 17/05651/FUL, dated 20 November 2017,
subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) Except where indicated otherwise on the planning application form and
the approved drawings, 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.
3) The development hereby permitted shall be carried out in accordance
with the following approved plans: 578-P1.004-D, 578-P1.011-D,
578-P1.012-D, 578-P1.013-C, 578-P1.104-E, 578-P1.105-G,
578-P1.111-C, 578-P1.112-E, 578-P1.113-C & 1:1250 Site Location Plan.
Procedural Matter
2. The description of the development proposed recorded in the heading above
differs in part from that on the planning application form. The officer report
and Grounds of Appeal indicate that the initial proposal was amended at the
rear of the house, with linked dormers replacing a new mansard roof. This is
shown clearly on the plans used by the Council when coming to its decision.
These plans also show three rooflights at the front. I have amended the
Appeal Decision APP/N5660/D/18/3200747
2
description to reflect more accurately what the proposal before me now
comprises.
Main Issues
3. I consider that these are the effects of the proposal on firstly, the character
and appearance of the property and the Clapham Conservation Area; and
secondly, the living conditions of the occupiers of no.27 Lydon Road, with
respect to levels of daylight and sunlight.
Reasons
4. The appeal property is a mid-late Victorian terraced house with 3 main floors of
accommodation. The annex extension would create a bathroom on part of the
flat roof of an existing 2 storey rear return. The alterations at roof level would
enable the loft to be converted into an en suite bedroom.
First main issue – effect on character and appearance
5. The site is within the Clapham Conservation Area. I consider that its principal
heritage significance lies in the relationship of the Common to the Victorian
housing associated with it. Along the secondary residential roads away from
the edge of the Common, such as Lydon Road, the generally well-preserved
frontages make an important contribution to heritage interest. A variety of
changes has taken place at the rear, but the basic pattern of sizeable rear
returns has been preserved, and they give a distinctive and pronounced
“staggering” to the building line that is characteristic of the conservation area.
6. The Council does not object to the character or appearance of the annex
extension. It would terminate below the main eaves line. This would maintain
subordination, which Policy Q11 in the Lambeth Local Plan (2015) says is a key
consideration for extensions. It would not alter the basic footprint of the
return, and would be in keeping with 3 other annex extensions in the terrace.
So long as a planning condition is imposed to ensure the use of matching
materials, I consider that this part of the proposal would be of satisfactory
character and appearance.
7. The Council does not object in principle to the rear dormers, but says that they
should be more policy compliant. Policy Q11 says that dormers should be
subordinate, with the roof remaining as the dominant element in the
composition; and in heritage assets, be modest in size and aligned with the
openings below. Further guidance is given in the Council’s Building Alterations
& Extensions Supplementary Planning Document [SPD] (2015). This says that
linked individual dormers can be an acceptable way of increasing headroom
where attics are small.
8. In the existing loft, adequate headroom is confined to a narrow zone under the
ridge. The individual dormers would be of modest size, with smaller windows
than those on lower floors, aligned with openings below. The dormers would
be placed well above the eaves line. The gap between them would be narrower
than each dormer, and less than the generous space between the outer side of
each dormer and the boundaries of the property. I estimate that the linking
section would be recessed back from the front edge of the dormer roof by
around two thirds of its depth, well above the one third stipulated at paragraph
4.7 of the SPD. The main roof would remain the dominant element at the top
of the house. Taking all these considerations into account, I find that the
Appeal Decision APP/N5660/D/18/3200747
3
linked dormers would be generally policy compliant. Moreover, I consider that
their design, scale, form and positioning would not detract materially from the
house or its surroundings, and would not be seen in the public realm. They
would not be obtrusive, and would be smaller in scale than existing dormers to
either side.
9. Three small conservation type rooflights would be grouped centrally near the
top of the front roofslope. I glimpsed rooflights in some nearby streets, where
the greater height of the terraces makes it difficult to see the front slopes of
the roofs. In Lydon Road, each of 4 houses opposite the appeal site has 3
rooflights, as does no.27 next door. I do not know anything of the
circumstances behind these occurrences, other than at no.27, which was
approved before adoption of the Lambeth Local Plan. Policy Q11 says that
rooflights should be modest in size and placed and aligned sensitively to
respect the character of the host building. I consider that this would be the
case and that, subject to conservation rooflights being installed as shown, they
would not detract from the house and the local streetscene or its heritage
significance.
10. I conclude that the proposal would not detract materially from the character
and appearance of the property. The character and appearance, and heritage
significance, of the Clapham Conservation Area would be preserved, reflecting
the statutory duty to pay special attention to the desirability of preserving or
enhancing the character or appearance of that area. There would be
compliance with Policy Q11, and with requirements in Policies Q5 & Q22
regarding local distinctiveness and conservation areas. The purposes of
relevant guidance in the Council’s SPD would be respected.
Second main issue – effect on living conditions
11. The officer report says that the BRE 45 degree test has been carried out “in
relation to the neighbouring rear window contained at second floor level”, at
no.27. From my observations on site, the nearest opening is actually a door,
with a glass panel in its upper section. If the internal arrangement at no.27 is
the same as at no.25, it would take access off a landing on the staircase. I
have no evidence that the nearest opening is to a habitable room. As a result,
I consider that the annex extension would not reduce daylight or sunlight levels
inside no.27 as much as to materially harm living conditions.
12. The occupier at no.27 has also objected on grounds of loss of view and making
their sun terrace “unusable as such”. The nearest second floor window is some
distance beyond the door, so I consider outlook would not be significantly
impaired from it. The annex extension would be sited south east of no.27, and
loss of sunlight on the terrace nearest the house would be minimal after mid-
morning. Consequently I find that significant harm would not be caused to
outlook or use of the terrace at no.27.
13. The annex would be well set away from the boundary with no.23, and I agree
with the officer report that an unreasonable effect on living conditions there
would not arise.
14. I conclude that the proposal would not cause material harm to the living
conditions of the occupiers of no.27 Lydon Road, with respect to levels of
daylight and sunlight. Local Plan Policy Q2, which protects neighbouring
amenity, would be complied with.
Appeal Decision APP/N5660/D/18/3200747
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Overall conclusion
15. I have found in favour of the proposal with respect to both main issues.
16. The materials used in the construction of the external surfaces of the works
need to match existing, or to accord with details provided, in order to secure a
satisfactory outcome in the conservation area, bearing in mind that I am
obliged to give great weight to the conservation of the heritage asset. For the
avoidance of doubt, it is also necessary that the development shall be carried
out in accordance with the approved plans.
17. Subject to these planning conditions, I conclude overall that planning
permission can be given, and I allow the appeal.
G Garnham
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