Single storey side extension to existing garage and conversion of garage into habitable space (house annexe)

Appeal Decision Site visit made on 5 November 2018 by Felicity Thompson BA(Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 22nd November 2018 Appeal Ref: APP/U5930/D/18/3208561 178 The Avenue, Highams Park, London, E4 9RD  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 Mrs L Gauci against the decision of the London Borough of Waltham Forest.  The application Ref 181522, dated 25 April 2018, was refused by notice dated 22 June 2018.  The development proposed is single storey side extension to existing garage and conversion of garage into habitable space (house annexe). Decision 1. The appeal is allowed. Planning permission is granted for single storey side extension to existing garage and conversion of garage into habitable space (house annexe) at 178 The Avenue, Highams Park, London E4 9RD, in accordance with the terms of the application, Ref: 181522, dated 25 April 2018, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: HD/E49RD/PROP-ELEVATION, HD/E49RD/SITE, HD/E49RD/PROP-ROOF. 3) The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. Main Issues 2. 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 neighbouring properties with particular regard to noise and disturbance. Reasons Character and appearance 3. 178 The Avenue is a semi-detached house located in a predominantly residential area. Detached from and to one side of no.178, within the curtilage, Appeal Decision APP/U5930/D/18/3208561 2 is a flat roof garage subject of this appeal. At my site visit I noted that flat roof garage buildings and extensions are not uncommon in the immediately surrounding area. 4. The garage is of no significant architectural merit and does not make any special contribution to the character and appearance of the streetscene. The proposed extension to the garage would be set back slightly from the front elevation, would be around 3.3m wide and would not extend the full length of the garage. In this respect the proposed extension would appear as a subordinate addition. Furthermore, it would continue the flat roof design and incorporate materials which match those used in the existing garage. Given its location to the side of the house and seen in this context, I consider that the proposed development would not cause material harm to or appear at odds with the character and appearance of the area. 5. I therefore conclude that the proposed extension would have an acceptable effect upon the character and appearance of no.178 and the area in accordance with the overall design aims of Policy CS15 of the Waltham Forest Local Plan Core Strategy (Core Strategy), Policy DM29 of the London Borough of Waltham Forest Development Management Policies Local Plan (Local Plan), Waltham Forest Residential Extensions and Alterations Supplementary Planning Document (SPD) and Policies 7.4 and 7.6 of the London Plan (2016). It would also accord with the design aims of the National Planning Policy Framework (the Framework). 6. The Council have also referred to Policy CS2 of the Core Strategy which relates to housing growth. This policy is not relevant to the proposal which is an extension to provide additional living accommodation and not a form of housing development; as such this policy weighs neither for nor against the proposal. Living conditions 7. The garage is located adjacent to 180 The Avenue which is a dentist practice, the nearest residential neighbour being 176 The Avenue. The proposed annexe accommodation would provide an additional bedroom, bathroom and lounge. Whilst the accommodation would be physically detached from no.178, by a small distance, there is no evidence before me to suggest that it is proposed to be used for anything other than domestically ancillary accommodation. On this basis and given the limited size of the accommodation, it seems unlikely that the proposed development would result in a level of use that would generate unacceptable levels of noise and disturbance such that the living conditions of the occupiers of surrounding residential properties would be harmed. 8. I therefore conclude that the proposed development would not cause harm to the living conditions of the occupiers of adjoining or surrounding properties with regard to noise and disturbance in accordance with Policies CS13 and CS15 of the Core Strategy and Policies DM29 and DM32 of the Local Plan which together require that satisfactory amenity is provided for future and surrounding occupiers. There would also be no conflict with the Framework which seeks to safeguard amenity for existing and future users of development. Appeal Decision APP/U5930/D/18/3208561 3 Conclusion 9. Having had regard to all other matters raised, it is concluded that the appeal should succeed and planning permission be granted subject to conditions that are necessary in the interests of certainty and safeguarding the character and appearance of the area. Felicity Thompson INSPECTOR