For part single, part two storey, side and rear extension to house, refurbishment and extension of existing outbuilding
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Residential Amenity
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 October 2018
by Mr C J Tivey BSc (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 19 October 2018
Appeal Ref: APP/M3645/D/18/3207118
33 Barrow Green Road, Oxted RH8 0NJ
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 K Travis against the decision of Tandridge District Council.
The application Ref TA/2018/631, dated 23 March 2018, was refused by notice dated
14 June 2018.
The development proposed is for part single, part two storey, side and rear extension to
house, refurbishment and extension of existing outbuilding.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the appeal proposal upon the occupants of
31 Barrow Green Road, with specific reference to outlook.
Reasons
3. The appeal site relates to a well conserved red brick semi-detached house which
along with its adjoining neighbour has a two storey rear outrigger set in from
the shared rear garden boundary.
4. 31 Barrow Green Road has French doors on its main rear elevation and 2no
windows on the facing flank elevation at ground floor level. I note that the
eaves of the proposed extension, where adjacent to the shared boundary, would
be of a similar height to, and set in slightly from the existing close-boarded
boundary fence. However, the outlook from the aforementioned windows is
already quite restricted by the sheer presence of the appeal dwelling as it
currently exists, and this would be further eroded through the pitched element
of the roof of the side extension, creating more of a ‘tunnelling’ effect than is
currently the case.
5. I accept that the two windows on the facing side elevation of no31 may in
theory be secondary to the larger opening on the rear (south facing) elevation.
Nonetheless, that is not a reason to further erode the outlook from the existing
windows that serve habitable spaces within that neighbouring property.
Furthermore I cannot agree that the view from the French doors would only
have indirect views of the side boundary as due to the narrow space created
between the outrigger and the boundary fence is already restricted in its width.
Appeal Decision APP/M3645/D/18/3207118
2
I say this, notwithstanding the fact that the extension would be set slightly
away from the boundary.
6. I acknowledge the appeal decisions submitted in support of the appellant’s case,
however these do not relate to the District within which the appeal site finds
itself situated, and in any event each case must be assessed on its own merits.
7. I find, on balance, that the proposal, by reason of its height and overall depth
where adjoining the neighbouring property at 31 Barrow Green Road, would
give rise to an overbearing effect that would further erode the outlook from
habitable room windows serving that property. From this basis the proposal
would give rise to harm to the living conditions of its occupants and fails to
comply with Policy DP7 of the Tandridge Local Plan: Part 2 – Detailed Policies
(2014) and Policy CSP18 of the Tandrige District Core Strategy 2008 which
together require development to be of a high standard of design which must not
significantly harm the amenities of the occupiers of neighbouring properties by
reason of, amongst other things, visual intrusion.
Conclusion
8. Having regard to the above and all other matters raised, I conclude that the
appeal be dismissed.
C J Tivey
INSPECTOR
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