6m rear extension prior approval application
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Fallback Position
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 February 2019
by Jonathon Parsons MSc BSc DipTP (Cert Urb) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 February 2019
Appeal Ref: APP/B5480/D/18/3208160
2 Stanley Close, Romford RM2 5DP
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 1,
Class A, Paragraph A.4 of the Town and Country Planning (General Permitted
Development) (England) Order (GPDO) 2015 (as amended).
• The appeal is made by Mr S Vaja against the decision of the Council of the London
Borough of Havering.
• The application Ref Y0218.18, dated 18 June 2018, was refused by notice dated 25 July
2018.
• The development proposed is a 6m rear extension prior approval application.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The provisions of the GPDO, under Article 3(1) and Schedule 2, Part 1, Class A,
Part A.4(7) require the local planning authority to assess the proposed
development solely on the basis of its impact on the amenity of any adjoining
premises, taking into account any representations received. My determination
of this appeal has been made on the same basis.
Reasons
3. The existing dwelling is semi-detached and has a rear patio, beyond which
there is a garden at a lower level. The neighbouring semi-detached dwelling at
1 Stanley Close also has a similar sited patio and lower level garden beyond. It
has rear ground floor windows and a door facing onto its patio.
4. The proposal would result in a 6 metres deep extension along the common
boundary with the neighbouring property. The extension would comprise a flat
roof where it would abut the host dwelling, and a downward sloping mono-pitch
where it faces the garden of the host dwelling. As a result, its height would
vary between approximately 3.9 and 2.4 metres.
5. There is a common boundary fence which would screen the bottom section of
the ground floor extension. However, there would still be a substantial area of
flank extension wall above this by reason of its height and depth. As a result,
it’s bulk and mass would dominate the neighbour’s outlook from their patio,
garden and the ground floor glazed openings. It would also significantly reduce
sunlight during the morning given its orientation, height and depth. In respect
Appeal Decision APP/B5480/D/18/3208160
2
of the garden just beyond the patio, this adverse effect would be particularly
marked given its lower level. By reason of the depth of the rearward projection
and the identified harm, there would be conflict with the guidance of the
Council’s Residential Extensions and Alterations Supplementary Planning
Document 2011. In this respect, the depth of extension should be greater than
4 metres and would extend beyond an angle of 45 degrees taken from a 4
metres dimension taken on the common property boundary (paragraph 5.3).
6. In term of daylight, there would be opportunities for such a type of light to
come from directions other than that of the extension and the existing semi-
detached properties. Nevertheless, there would be harm to the living
conditions of the occupiers of the neighbouring property which would be
significant by reason of the loss of outlook and sunlight. For the above
reasons, having regard to all other matters raised, I conclude that the appeal
should be dismissed.
Jonathon Parsons
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.