Extensions and alterations to the existing dwelling

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Technical Issues Heatmap

Extensions
Character & Appearance
Residential Amenity

Inspector’s Reasoning

Appeal Decision Site visit made on 9 October 2018 by Andrew Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 31 October 2018 Appeal Ref: APP/G1250/D/18/3209310 23 Clowes Avenue, Bournemouth BH6 4ER  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 & Mrs R Kilmister against the decision of Bournemouth Borough Council.  The application Ref 7-2018-26494-B, dated 15 March 2018, was refused by notice dated 10 July 2018.  The development proposed is extensions and alterations to the existing dwelling. Decision 1. The appeal is allowed and planning permission is granted for extensions and alterations to the existing dwelling at 23 Clowes Avenue, Bournemouth BH6 4ER in accordance with the terms of the application, Ref 7-2018-26494-B, dated 15 March 2018, subject to the following conditions: 1) The development hereby permitted shall be begun before the expiration of three years from the date of this decision. 2) The development hereby permitted shall be carried out in strict accordance with the following approved plans: 2017-08-04 rev B Site Plan; 2017-08-07 A Floor Plans as Proposed and 2017-08-09 rev A Elevations as Proposed. Application for costs 2. An application for costs was made by Mr & Mrs Robin Kilmister against Bournemouth Borough Council. This application is the subject of a separate Decision. Main Issue 3. The effect of the extended rear dormer on the character and appearance of the host property and the area. Reasons 4. Clowes Avenue is a residential cul-de-sac, which contains a range of large detached properties. These are set back a considerable distance from the road with wide verges and front gardens, giving the area a spacious character. Most of the properties are individually designed and are generally of single storey and one and a half storey forms, with many forms of dormer and roof extensions. The appeal property has steeply pitched roofs with gables, with an overall height that is slightly higher than its immediate neighbours. Appeal Decision APP/G1250/D/18/3209310 2 5. The proposal relates to a number of alterations to the property. I have considered the previous appeal decision relating to similar alterations (ref APP/G1250/D/17/3180864). This appeal was dismissed due to the cramped appearance that would result between the appeal property and No 21 Clowes Avenue. The Council is satisfied that the current proposal has addressed this concern. The current area of concern to the Council, as set out in its reason for refusal, is the extension of an existing rear dormer window. This matter will therefore be the focus of my considerations. 6. There are two dormers at the back of the existing property. One is very large, rising up directly off the back wall and making up the bulk of the existing first floor accommodation. The other is a more conventional small dormer window. The proposal would extend the width of the larger dormer, to cover the smaller one. It is possible to glimpse the end of the existing dormers from the road, but from this angle it is not possible to gauge how large these elements of the property are. The sketch submitted by the appellants indicates that the proposed roof over the garage would obscure views of the extended dormer from the road. I have no reason to disagree with this. 7. I do accept that the dormer as extended would be a dominant feature when viewed from the rear garden of the property, and could be considered to cause harm to the original roof form of the dwelling from this perspective by virtue of its lack of subservience and overall bulk. I also accept that the dormer would have a fairly odd relationship with the proposed single storey extension, although the presence of the single storey extension would reduce the bulk of the dormer to some extent. Section 3.3 of the Council’s Residential Design Guide seeks to ensure that dormer extensions are appropriately designed. However, whilst it is of no particular design merit, the extended dormer would only be seen from the rear garden of the property, and the private rear areas of a few neighbouring properties, and must be considered in the context of the bulky dormer that already exists. Failure to strictly adhere to the Council’s design guidance would not cause harm in this instance. 8. I disagree with the Council’s suggestion that the use of cladding would make matters worse. The use of a contrasting natural material would provide some visual contrast between the dormer and the area of render below, which would help to reduce the bulk of the dormer. 9. The Council is also concerned about the placement of windows on the rear elevation, suggesting that this would be unbalanced. However I am of the view that there is no apparent design formality to the rear of the property at present. The proposed reconfiguration of openings, including the new window in the extended dormer, would accord with the current informal arrangement. 10. Taking all of these matters into account I am satisfied that the extended dormer would not cause harm to the wider character and appearance of the area. This accords with the National Planning Practice Framework and policy CS41 of the Bournemouth Local Plan: Core Strategy (2012), which seek to ensure that development is well designed and of a high quality. Other matters 11. Several neighbours commented on the proposal when it was under consideration by the Council. Matters raised include the impact on their living conditions (including concern about a further functioning chimney), concerns Appeal Decision APP/G1250/D/18/3209310 3 about the design and parking provision. I have carefully considered all of the matters raised. The Council has considered the effect of the proposal on the living conditions of the neighbours and has not raised any issues. I agree with this assessment; the relationship between the existing property, the proposals and the neighbouring properties are such that living conditions of neighbouring occupiers would not be harmed. The control of fumes from the additional chimney could be dealt with by other legislation. In terms of design, I am satisfied that the various elements of the proposal are appropriate, and accord with the varied design and appearance of properties in the area, without harming the area’s character and appearance. I have no reason to disagree with the Council’s assessment of the proposal in relation to adequate parking provision. Conditions 12. I have had regard to the various planning conditions that have been suggested by the Council and considered them against the tests in the Framework and the advice in the Planning Practice Guidance. In the interests of certainty it is appropriate that there is a condition requiring that the development is carried out in accordance with the approved plans. 13. The Council suggested a condition to require materials and colours of the external surfaces of the extension to match the existing property. I am satisfied that the details relating to materials as set out in the application form are adequate, so this condition is not necessary. Conclusion 14. For the reasons above and having had regard to all other matters raised, it is concluded that the appeal should succeed and planning permission should be granted. Andrew Tucker Inspector
£ Costs decision section
Costs Decision Site visit made on 9 October 2018 by Andrew Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 31 October 2018 Costs application in relation to Appeal Ref: APP/G1250/D/18/3209310 23 Clowes Avenue, Bournemouth BH6 4ER  The application is made under the Town and Country Planning Act 1990, sections 78, 322 and Schedule 6, and the Local Government Act 1972, section 250(5).  The application is made by Mr & Mrs Robin Kilmister for a full award of costs against Bournemouth Borough Council.  The appeal was against the refusal of planning permission for extensions and alterations to the existing dwelling. Decision 1. The application for an award of costs is refused. Reasons 2. Planning Policy Guidance advises that, irrespective of the outcome of an appeal, costs may only be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary expense. 3. The appellants have made an application for costs on the basis that the Council failed to produce evidence to substantiate its reason for refusal, and that it made vague, generalised or inaccurate assertions about the proposal’s impact, unsupported by objective analysis. 4. I am satisfied that the Council’s officer report is sufficiently detailed to demonstrate that it carried out an objective and detailed analysis of the proposal. The report considers the various elements of the scheme, with reference to the previous appeal decision. Although the Council clarified that it had no concerns with the majority of the proposals, it is not possible for the Council to issue a split decision. A refusal based on substantiated concerns relating to one element of the scheme is considered reasonable. 5. The appellants have raised concerns about the lack of visibility of the dormer from the wider area and therefore challenge the reasonableness of the decision. However, the Council’s assessment considered the impact of the proposal on the character of the existing building and views of the rear of the building from neighbouring properties, as well as its impact on the character and appearance of the wider area. This is expressed in the reason for refusal wording and clarified in the officer report. The reason for the refusal is complete, specific and relevant to the application, supported by the relevant policy of the Bournemouth Local Plan. Costs Decision APP/G1250/D/18/3209310 2 6. I do accept that the Council appears to have misunderstood the width of the dormer once extended; referring in the officer report to a width of 13.7 metres, compared with 12.7 metres put forward by the appellants. Although inaccurate, given the sizeable overall width of the dormer, and the clear representations on the proposed plans, I am satisfied that this error was not fundamental to the Council’s determination of the scheme. 7. The appellants have expressed concern that the Council had slavishly adhered to its design guidance, which is over 10 years old. Advice contained within the referenced section of the Council’s design guide still appears to be relevant, and the Council clearly identified aspects of the design guide that the proposal did not accord with. This is expanded further in the officer’s report, where several other concerns were raised relating to the materials, scale, design, fenestration and lack of subservience, which are all reasonable considerations; leading me to conclude that the proposal was judged properly on its own merits. 8. During the processing of the application several emails were exchanged between the appellants and officers of the Council. Views expressed by Council officers are substantiated, and respond to the appellants reasoning in a manner that demonstrates understanding and objective analysis. 9. Accordingly, I do not consider that the Council failed to properly evaluate the application or consider the merits of the scheme and therefore the appeal could not have been avoided. I have found that the Council had reasonable concerns about the impact of the proposed development which justified its decision. 10. I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has not been demonstrated. Andrew Tucker Inspector
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