Single storey side extension and first floor side extension

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Residential Amenity
Extensions
Character & Appearance

Inspector’s Reasoning

Appeal Decision Site visit made on 6 September 2018 by D Cramond BSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20 September 2018 Appeal Ref: APP/D1780/D/18/3206333 12 Meadowhead Road, Southampton, SO16 7AD  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 Ms Emily Burke against the decision of Southampton City Council.  The application Ref 18/00371/FUL, dated 28 February 2018, was refused by notice dated 4 May 2018.  The development proposed is a single storey side extension and first floor side extension. Decision 1. The appeal is allowed and planning permission is granted for a single storey side extension and first floor side extension at 12 Meadowhead Road, Southampton, SO16 7AD in accordance with the terms of the application, Ref 18/00371 /FUL, dated 28 February 2018, subject to the following conditions: 1. The development hereby permitted shall begin not later than three years from the date of this decision. 2. 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: 711825/263-002B, 003C & 004A. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order), no windows, doors or other openings, other than those expressly authorised by this permission, shall be inserted above ground floor level in the elevations of the development hereby permitted. Application for Costs 2. An application for costs has been made by the Appellant against Southampton City Council. This application is the subject of a separate decision. Main Issue 3. The main issue is the effect of the proposal on living conditions for neighbours. Appeal Decision APP/D1780/D/18/3206333 2 Reasons Living conditions 4. The appeal property is a two storey detached home of substantial proportions and pleasing appearance and is located in an area of broadly similar homes with proportionate sized plots. Existing gaps between homes are not however particularly generous and in this instance the appeal property has a single storey WC on the northern boundary and a gable ended pitched roof garage and flat roofed sun room relatively close to the southern side. To the south 10 Meadowhead Avenue has two single storey elements very close to the boundary and between these, set back a little is the lower level of the main side wall which contains a clear glazed window facing a very small courtyard area. The proposal is as described above and would provide increased living and utility space at ground floor level on the northern side and 2 new bedrooms at first floor level on the southern side of the appeal property. 5. The Council is concerned that the first floor side extension’s height and proximity to the common boundary would be un-neighbourly, overbearing and result in a loss of natural light and outlook to the side facing window of the kitchen-dining room within No 10. 6. The appeal property lies to the north of No 10 and thus sunlight is not an issue. Outlook from the window in question is considerably restricted at the present time with boundary fence and the form and siting of the appeal property. There would be some diminution of this whilst looking upwards albeit the additional vertical walling in sight would be relatively modest and the planned roof arrangement would pitch away. Whilst I have sympathy with the Council’s and neighbours’ concerns in my opinion the change in outlook would be modest and there would be no significant over-bearing impact or sense of being unduly hemmed-in compared to the existing restricted situation. The window is not one which offers an appealing prospect at present; it is functional and would continue to be so. In terms of daylight I am also of the opinion that the change would be minimal because of distances, angles of built form relative to the window, existing structures and orientation. 7. The Council cites a recent appeal decision (APP/D1780/D/17/3185246) but to my mind this would not be directly comparable by reason of differences with planned and existing development form, the adjoining relationship and proximities, and orientation; in any event I have to assess this case on its own merits. 8. Policy CS13 of the adopted Core Strategy Partial Review (March 2015) and saved Policies SDP1, SDP7 and SDP9 of the adopted Amended Local Plan Review (March 2015) are relevant. Taken together, and amongst other matters, they seek to ensure that development would be suitably designed to not result in undue loss of amenity for neighbours. This is reflected in the advice and objectives of the Council’s Residential Design Guide SPD (September 2006) albeit that document cannot be expected to cover every eventuality and at times needs to be considered with a degree of flexibility depending on site circumstances. I conclude that the proposal would not conflict with the relevant development plan policies, the pertinent aims of the SPD or the National Planning Policy Framework. Appeal Decision APP/D1780/D/18/3206333 3 Conditions 9. The Council suggests the standard commencement condition along with the requirement for materials to match the existing building. This latter condition would be appropriate in the interests of visual amenity. I agree that there should be a condition that works are to be carried out in accordance with listed, approved, plans; to provide certainty. I shall also follow the Council’s suggestion relating to restricting future windows in the interests of residential amenity. Overall conclusion 10. For the reasons given above I conclude that the appeal proposal would not have unacceptable adverse effects on living conditions for neighbours. Accordingly the appeal is allowed. D Cramond INSPECTOR
£ Costs decision section
Costs Decision Site visit made on 6 September 2018 by D Cramond BSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20 September 2018 Costs application in relation to Appeal Ref: APP/D1780/D/18/3206333 12 Meadowhead Road, Southampton, SO16 7AD  The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).  The application is made by Ms Emily Burke for an award of costs against the decision of Southampton City Council.  The appeal was made against the refusal of an application, Ref 18/00371 /FUL, which sought planning permission for a single storey side extension and first floor side extension. Decision 1. The application for an award of costs is refused. Reasons 2. Planning Practice Guidance (guidance) advises that, irrespective of the outcome of the appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 3. The Appellant argues in this regard that there has been unreasonable behaviour by the Council in determination of the proposal. In particular it is put that greater consideration and weight should have been given to what is seen as an extant planning permission, 1427/81. This relates to the erection of a two storey addition which it is contended has been partially implemented and if proceeded to completion would have impacted on neighbours to a larger degree than the current appeal proposal. Thus given this fall back the Council should have permitted the appeal scheme. Furthermore it is put that the Council has placed significant weight on an appeal decision (APP/D1780/D/17/3185246) at 40 Radway Road and this is seen to be erroneous as the current appeal is said to relate to very different circumstances for a range of reasons which are set out by the Appellant. 4. The Council has responded to the Appellant’s claims and explains that the planning history of the site was properly considered as a material consideration. It is put that the officer’s delegated report for the application clearly details the planning history of the property and directly refers to the previously approved application (1427/81). However it is said that 47 years that have elapsed and that there has never been any intention to build out the 2 storey extension as originally approved in 1971 making the argument of a possible fall-back position somewhat tenuous to the Council. Furthermore that consent significantly pre-dates existing policies; a material change in Costs Decision APP/D1780/D/18/3206333 2 circumstances. The Council states that the details regarding the refused planning permission at 40 Radway Road (17/00483/FUL) were afforded weight due to the similarities between the two schemes with two storey development located close to a shared boundary and forward of a side facing window that serves a habitable room. Overall it is stated that there were sound planning reasons to refuse to grant planning permission for the development as proposed and proper reference was made to the relevant Local Plan and Core Strategy policies and relevant paragraphs of the Residential Design Guide SPD. 5. The general principle embodied within the guidance is that the parties involved should normally meet their own expenses. I have carefully considered the matter of a full or, indeed, partial, award of costs. 6. For my part I am not fully persuaded by the evidence available to me that permission 1427/81 is actually extant and there is no real verification that even if it was the Appellant would move to construction of this quite different internal and external proposition. In this regard I consider that the fall back case is over-played by the Appellant. On the matter of the Radway Road appeal I, like the Appellant, would say that there are material differences between the two cases. However I can quite see why the Council would draw on it as one factor in the overall consideration and certainly why the case would raise an air of caution. 7. I am conscious that determinations of many planning applications are, of necessity, matters of judgement rather than empirical evidence or science. I appreciate an appeal process can be time and fee consuming. However the Council has given reasons for the judgement it reached and the decision notice is sufficiently lucid, and stemming from the report which leads up to it, enables me to determine that development plan matters had been sufficiently considered and impacts had been analysed. 8. As it happens I disagree with the conclusion reached by the Council but I would nevertheless defend the Council’s wording and assertions in the round as not being unsubstantiated and its actions as not being irrational. 9. I therefore find that unreasonable behaviour resulting in unnecessary expense, as described in the planning guidance, has not been demonstrated. D Cramond INSPECTOR
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