Loft conversion
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 January 2019
by Michael Simmons BSc(Hons) DipTP DipUD MRTPI
an Inspector appointed by the Secretary of State
Decision date: 21st May 2019
Appeal Ref: APP/A5270/D/18/3208565
26, St. Marys Avenue South, Southall, UB2 4LS
• 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 Manmohan Singh & Davinder Kaur Arora against the decision
of the Council of the London Borough of Ealing.
• The application Ref 182743HH, dated 7 June 2018, was refused by notice dated 1
August 2018.
• The development proposed is described as ‘loft conversion’.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The proposal is described as a loft conversion in the application form but it
would involve the construction of an additional floor and therefore I have
considered the proposal on this basis.
Main Issues
3. The main issues in this appeal are:
• the effect on the living conditions of the occupants of No 24 St. Marys
Avenue South.
• whether the proposed development would preserve or enhance the
character or appearance of the Norwood Green Conservation Area.
Reasons
Living Conditions of No 24 St. Marys Avenue South
4. No 24 is a detached 2-storey property set forward of No 26. As a consequence,
the rear elevation of No 26 extends much further into its rear garden compared
to the 2-storey rear elevation at No 24. No 24 also has a single storey
extension and a covered outside space that is approximately level with the
existing rear elevation of No 26.
5. The proposed development would result in the single storey side elevation of
the existing property at No 26 being replaced with a 2-storey elevation. This
would extend significantly to the rear of the 2-storey element at No 24 and
would be close to the boundary. As a result, there would be an increased sense
Appeal Decision APP/A5270/D/18/3208565
2
of enclosure and an overbearing impact upon the occupants of this property,
particularly from first floor windows but also, albeit to a lesser degree, from its
ground floor. The scale of this impact would significantly harm the living
conditions of the occupiers of No 24.
6. For these reasons, the development would be contrary to policy 7.6 of The
London Plan (March 2016) and policy 7B of the Ealing Development
Management Development Plan Document (Adopted 10 December 2013) that
are in general conformity with the National Planning Policy Framework
(February 2019).
Character and Appearance
7. No 26 is a detached bungalow located towards the end of a cul-de-sac. It is
discretely positioned between a bungalow and a two-storey house. The
character of St. Marys Avenue South at this location primarily comprises
modern housing development of a reasonably consistent scale, being 2-storey
properties with only a limited number of single storey properties.
Consequently, the appeal property, in its extended form would not appear as a
strident addition to the street scene even though the scale and proportions of
the original bungalow would be largely lost.
8. Within the immediate environs of the appeal site along St. Marys Avenue
South, many of the special qualities described in the Norwood Green
Conservation Area Appraisal (March 2007) that are found elsewhere within the
Conservation Area are not present. The development would result in a 2-storey
property in place of the existing single storey property that would be on a
similar footprint. The development would respect the scale of development that
generally prevails in the cul-de-sac.
9. In terms of detailed design, the single storey flat roofed element at the front of
the building would be subservient in height to the rest of the property and it
would help to break-up the front elevation. As such, it would have a neutral
effect on the appeal building, the street scene and the wider Conservation
Area. The proposed relationship between the single storey and 2-storey
elements at the rear would also complement the form, scale and detailed
design of the dwelling as extended and would therefore, be similarly acceptable
in respect of its impact on the character and appearance of the locality. The
sides of the extended building, whilst of limited articulation, would for the most
part be concealed.
10. I thus conclude that the development would not be harmful to the character
and appearance of the locality including the Conservation Area. The proposal is
consistent with Policies 7.4, 7.6 and 7.8 of The London Plan (March 2016) and
polices 7.4, 7B and 7C of the Ealing Development Management Development
Plan Document (Adopted 10 December 2013) because the development’s
design is respectful of the local character of the area including the historic
environment and would be of an appropriate design. These policies are in
general conformity with the National Planning Policy Framework (February
2019). Whilst the reason for refusal cites conflict with policy 7.5 of The London
Plan (March 2016), I consider that not to be the case because this addresses
matters relating to the public realm.
Appeal Decision APP/A5270/D/18/3208565
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11. Given my conclusion on this issue I consider there to be no conflict with the
thrust of the guidance contained within the Council’s Residential Extensions
SPD4.
Other Matters
12. Various concerns have been raised by interested parties regarding potential
impacts on biodiversity and trees, which I have noted. However, given my
findings above it has not been necessary for me to address these matters
further as the appeal has failed on one of the main issues.
Conclusion
13. The proposed development would preserve the character and appearance of
the Conservation Area but this would be outweighed by the significant harm
that would occur to the living conditions of neighbours. Therefore, the proposal
would not accord with the development plan taken as a whole. There are no
other considerations which outweigh this finding. Accordingly, for the reasons
given, the appeal should not succeed.
MA Simmons
INSPECTOR
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