Single storey rear extension
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 November 2018
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 November 2018
Appeal Ref: APP/R5510/D/18/3208671
10 Attlee Road, Hayes UB4 2JB
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 Ahmed Zaki against the decision of the Council of the London
Borough of Hillingdon.
The application, Ref. 65635/APP/2018/1071, dated 20 March 2018, was refused by
notice dated 15 May 2018.
The development proposed is a single storey rear extension.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
rear extension at 10 Attlee Road, Hayes in accordance with the terms of the
application, Ref. 65635/APP/2018/1071, dated 20 March 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 development shall be carried out in accordance with the following
approved plans: Drawing Nos. 1636/1 & 1361/2;
3) The materials to be used in the external surfaces of the development hereby
permitted shall match those used in the existing building.
Main Issue
2. The main issue is the effect of the proposed extension on the living conditions
for the adjoining occupiers at No. 12 Attlee Road, with particular regard to
outlook and light. The other effects referred to in the Notice of Refusal all fall
within these two categories.
Reasons
3. The proposed single storey rear extension would be the full width of the end of
terrace house and to a depth of just over 5m with a maximum height of 3.7m.
The Council’s concern is essentially that the extension would exceed the
maximum 3.6m depth and 3.4m height stipulated in its adopted SPD, the
Hillingdon Design and Accessibility Statement: ‘Residential Extensions’ 2008
(‘HDAS’). As a result, it is considered that there would be an unacceptable loss
of outlook and light.
Appeal Decision APP/R5510/D/18/3208671
2
4. However, in this case there would be a dual pitched roof rising at a shallow
angle to the apex at a height just 0.3m above the HDAS guideline, whilst at the
boundary the eaves height would be a relatively modest 2.3m. Bearing in mind
these figures in combination with the design, and that the proposed extension
would be sited to the east, there would be only a limited loss of light – mainly in
the form of sunlight for a brief period in the first part of the morning.
5. There is a single living room window in the rear wall of No. 12, and whilst I
acknowledge that the length of the extension would exceed the HDAS guideline
maximum by 1.4m I do not consider this additional length would materially
affect the outlook from that room. As regards the outlook from the garden, the
houses in the terrace have relatively long gardens that back on to other gardens
in Kingshill Avenue. The effect of this is for the houses in the terrace to have
an open aspect with long direct views over their own and neighbours’ rear
curtilages. And in these circumstances, I consider the additional metre or so in
length over the HDAS figure would in itself be unlikely to be perceived as being
‘overdominant’.
6. Furthermore, the occupiers of No. 12 have not objected to the proposal and
having regard to this and the climate of even more generous limits of length
and height under the Government’s temporary prior notification approval
scheme I take the view that these are additional factors supporting a more
flexible approach. In this regard the grounds of appeal also refer to the
similarly sized but perhaps less sympathetically designed extension at No. 8
allowed on appeal in 2012. In reaching a decision the Inspector would have
considered the effect on the adjoining attached property at No. 6, and in my
view the current proposal would be likely to have a lesser impact on the
neighbour’s living conditions than in that case.
7. On balance, I conclude that the proposed extension would not have an
unacceptable effect on the living conditions for the adjoining occupiers at No. 12
Attlee Road, with particular regard to outlook and light. There would therefore
be no harmful conflict with Policies BE19, BE20 & BE21 of the Hillingdon Local
Plan: Part Two – Saved UDP Policies 2012 and paragraph 127f) of the National
Planning Policy Framework 2018.
8. I shall therefore allow the appeal. A condition requiring the development to be
carried out in accordance with the approved plans will avoid uncertainty and be
in the interests of proper planning. A condition in respect of external materials
will ensure a harmonious form of development and safeguard visual amenity.
Martin Andrews
INSPECTOR
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