Erection of double storey extension to side and rear with single storey extension to side and rear. Replacement of existing 2m high timber fence with a 2m high wall. Creation of a driveway to rear with concrete hardstanding

Appeal Decision Site visit made on 11 September 2018 by Felicity Thompson BA(Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 2nd October 2018 Appeal Ref: APP/M2372/D/18/3203149 11 Billinge Street, Blackburn, BB1 1LE  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 Zahid Hussain against the decision of Blackburn with Darwen Borough Council.  The application Ref 10/18/0064, dated 14 January 2018, was refused by notice dated 6 March 2018.  The development proposed is described as ‘erection of double storey extension to side and rear with single storey extension to side and rear. Replacement of existing 2m high timber fence with a 2m high wall. Creation of a driveway to rear with concrete hardstanding.’ Decision 1. The appeal is dismissed. Procedural Matter 2. Since the appeal was submitted the Government has published a new National Planning Policy Framework (the Framework). In relation to the main issues in this appeal there is no material difference between the policies of the old and the new Frameworks. As such, the cases for both main parties have not been prejudiced by the new Framework. Main Issues 3. The main issues are the effect of the proposal on:  The character and appearance of the area; and  The living conditions of the occupiers of 1 Dalton Close with particular regard to overlooking and privacy. Reasons Character and appearance 4. The appeal property is a relatively modern semi-detached house located on a corner plot in a predominantly residential area consisting of mostly semi- detached houses, with some mews style properties. Although the houses in this area are not all symmetrical, they are of straightforward modern design with single pitched roofspans and largely uniform appearance. Appeal Decision APP/M2372/D/18/3203149 2 5. There appears to be no specific policy objection to the principal of extending the house. However, the effect of the proposed extension would be to introduce a large flank wall abutting the public highway which, in combination with the varying roof orientations and heights, would result in a dominant and incongruous addition. Whilst the relative heights and siting of the extension is subservient to the main house and the materials would match those used in the existing house, overall because of the scale and design, the proposed extension would alter significantly and cause harm to the uniformity and pattern of development seen in this pair of houses and the immediate vicinity. 6. In this context given its height and solidness the proposed wall would form a dominant and incongruous feature in the street scene which would be at odds with the prevailing character. The appellant refers to and I had regard at my site visit to the concrete panel fence on the opposite side of road which leads to Dalton Close and a low brick built wall further along Billinge Street. I have limited information about the circumstances relating to these and notwithstanding their presence I noted that the prevalent boundary treatment around properties of this type appears to consist of low metal railings to the front boundaries and timber fencing to the sides and rear. In any event I have considered the appeal on its individual merits. 7. For the reasons set out above the proposed extension and wall would cause material harm to the character and appearance of the house and surrounding area contrary to Policy 11 of the Blackburn with Darwen Borough Council Local Plan Part 2 Site Allocations and Development Management Policies (the Local Plan) which seeks a good standard of design which makes a positive contribution to the local area. It would also conflict with the design aims of the Framework. Living conditions 8. The proposed two storey element of the extension would extend out by about 3.9m and would narrow the gap between the rear of the host property and 1 Dalton Close to about 16m. Given that the first floor windows of the extension would not directly face the windows of no.1 and the remaining substantial separation distance, in my judgement, the proposed extension would not cause material harm to the living conditions of the occupiers of no.1 with regard to overlooking and privacy. Despite technical breaches of the Council’s Residential Design Guide Supplementary Planning Document the proposed development would accord with Policy 8 of the Local Plan and the Framework which together seek to safeguard amenity for existing and future occupants of buildings. Other matters 9. The appellant has referred to and provided a photograph of a house with a single storey side extension. However, I do not know the circumstances of that development being permitted and therefore I give this limited weight. In any event I have considered the appeal scheme on its own merits. The existence of extensions in the area does not justify the harm I have identified above. 10. I understand the wishes of the appellant to provide more accommodation for his family so that they can remain in the local area. However, these personal circumstances are not sufficient to outweigh the harm that I have identified. Appeal Decision APP/M2372/D/18/3203149 3 Conclusion 11. For the reasons set out above, and having regard to all other matters raised, the appeal is dismissed. Felicity Thompson INSPECTOR