First floor rear extension
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Extensions
Residential Amenity
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Inspector’s Reasoning
Appeal Decision
Site visit made on 21 September 2018
by R C Shrimplin MA(Cantab) DipArch RIBA FRTPI FCIArb MCIL
an Inspector appointed by the Secretary of State
Decision date: 8th October 2018
Appeal A Reference: APP/J1535/D/18/3206113
49 Manor Road, Chigwell IG7 5PL
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 M Chaudhery against the decision of Epping Forest District
Council.
The application (reference PL/EPF/0536/17, dated 18 February 2017) was refused by
notice dated 18 April 2018.
The development proposed is described in the application form as a “first floor rear
extension”.
Appeal B Reference: APP/J1535/D/18/3206115
49 Manor Road, Chigwell IG7 5PL
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 M Chaudhery against the decision of Epping Forest District
Council.
The application (reference PL/EPF/0535/17, dated 18 February 2017) was refused by
notice dated 18 April 2018.
The development proposed is described in the application form as a “first floor rear
extension”.
Appeal C Reference: APP/J1535/D/18/3206120
49 Manor Road, Chigwell IG7 5PL
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 M Chaudhery against the decision of Epping Forest District
Council.
The application (reference PL/EPF/2877/17, dated 23 October 2017) was refused by
notice dated 18 April 2018.
The development proposed is described in the application form as a “ground floor rear
storage shed”.
Decision
1. Appeal A is dismissed.
2. Appeal B is dismissed.
Appeal Decision: APP/J1535/D/18/3206113, APP/J1535/D/18/3206115, APP/J1535/D/18/3206120
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3. Appeal C is dismissed.
Preliminary point
4. This Decision relates to three separate appeals for different elements of work at
the same address and planning applications have been made by the same
applicant in each case. For practical reasons, therefore, this Decision deals
with the three appeals together.
Main issues
5. The main issue to be determined in each of these appeals is the effect of the
proposed development on the character and appearance of the host building
and its surroundings. In the case of Appeal A, an additional main issue is the
effect of the development on neighbours’ privacy and outlook.
Reasons
6. Manor Road is a relatively busy road, a classified through route. Nevertheless,
the road frontages are predominantly residential in the vicinity of the appeal
site, characterised by grand houses, set back from the road in very large plots.
The architectural quality of the buildings is variable and a mixture of styles is to
be found.
7. Number 49 Manor Road is a large house with spacious interiors and a high
quality of internal finishes. The submitted drawings indicate that, previously,
the house had some Tudor-style details on the exterior but it is now finished
with white painted, rendered walls on both the front and rear elevations. The
roofs are intricate in form, with a number of small gables that are subservient
to the main roof structure on the front elevation. The rear elevation also has
some projecting dormers but an earlier addition has created a strongly
horizontal feature that cuts across the elevation (with a small sloping section of
roof), together with some single storey flat-roofed elements.
8. At the southern end of the back garden there is a substantial outbuilding in a
very modern style, with a shallow pitched roof and extensive glazing. This
building contains a swimming pool and ancillary spaces, though it has been
extended by the addition of rooms that do not appear on the submitted
drawings.
9. The appeal proposals involve works to the main house and to the rear
outbuilding. Appeals A and B would involve the extension of the existing first
floor element further across the rear elevation, above existing ground floor flat
roofs, on each of the rear corners of the house (the south-east and south-west
corners). Appeal C relates to the construction of a storage building at the rear
of the plot, attached to the existing outbuilding. This storage building has
already been constructed.
10. The ‘National Planning Policy Framework’ has the aim of making effective use
of land but it also emphasises the aim of “achieving well designed places” in
the broadest sense (notably at Section 12) and it points out the importance of
creating an attractive streetscape and maintaining the overall quality of the
area. It is aimed at achieving good design standards generally, which includes
protecting existing residential amenities and providing good standards of
accommodation.
Appeal Decision: APP/J1535/D/18/3206113, APP/J1535/D/18/3206115, APP/J1535/D/18/3206120
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11. An emphasis on the importance of good design is also to be found in local
planning policies (including Policies in the Development Plan), notably in the
‘Epping Forest District Local Plan’ (and in the adopted ‘Alterations’) and in the
emerging ‘Epping Forest District Local Plan (Submission Version 2017)’. In
particular, “saved” Policy DBE10 of the ‘Epping Forest District Local Plan’ and
Policy DM9 of the emerging ‘Local Plan’ include a specific aim of ensuring that
extensions should respect or complement the existing building to which they
are to be attached.
12. The two proposed rear extensions to the main house at 49 Manor Road would
raise similar architectural design issues. Each of them would extend the strong
horizontal feature across the rear elevation of the house, reinforcing the
awkwardness of the small pitched roof element. Either of the extensions would
be ungainly and out of keeping with the design of the original building. If both
were to be built, the effect would be magnified, of course.
13. The rear extensions would not be seen from the public highway but they would
be visible from nearby properties and they would have a visual impact on the
house itself. In spite of the relatively secluded nature of the plot, therefore,
they would cause significant harm to the host building and hence to its
surroundings, in design terms. Thus, they would conflict with local and
national planning policies that are intended to promote good design.
14. The extension on the south-west corner of the house (nearest to number 47
Manor Road) would be closer to its side boundary, while the layout of the
properties in relation to number 47 is more sensitive than is the case in relation
to number 51. Nevertheless, the extensions would have only a limited impact
on neighbours’ residential amenities. The extensions would incorporate
windows at first floor level looking towards the rear garden of the existing
house and they would extend the flank walls of the building. Even so, they
would not unduly dominate the outlook from neighbouring properties, nor
intrude on their privacy to an undue degree, bearing in mind the suburban
location.
15. The storage shed at the rear of the garden is small in comparison with other
buildings on the site. It is poorly conceived, however, and does not relate well
to the existing modern style outbuilding. Again, therefore, it is harmful to the
host building in design terms, and hence to its surroundings, and is contrary to
established planning policies.
16. In the context of these schemes, reference has been made to permitted
development rights but no detailed submissions have been made in relation to
the appeal proposals (or to the relevance of permitted development rights
more generally) and the appeals have been determined on their own merits, in
the light of the submissions made.
17. Evidently, the appeal site lies within an established urban area, which is
“sustainable” in planning terms, and the proposed development would make a
useful addition to the existing house. Nevertheless, I am convinced that the
harm that would be done to the architectural qualities of the existing house
outweighs the benefits of the project. Hence, I have concluded that the
various proposals that form the subject of these appeals would conflict with
both national and local planning policies and that they ought not to be allowed.
Appeal Decision: APP/J1535/D/18/3206113, APP/J1535/D/18/3206115, APP/J1535/D/18/3206120
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18. Although I have considered all the matters that have been raised in the
representations, I have found nothing to cause me to alter my decision. All
three of these appeals are dismissed.
Roger C Shrimplin
INSPECTOR
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