Formation of room in loft with rear dormer and roof lights to front elevation
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 December 2018
By H Lock BA(Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 27th December 2018
Appeal Ref: APP/B1930/D/18/3213125
16 Kimberley Road, St Albans, AL3 5PX
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 John Slavin against the decision of St Albans City & District
Council.
The application Ref. 5/18/1084, dated 17 April 2018, was refused by notice dated
13 July 2018.
The development proposed is formation of room in loft with rear dormer and roof lights
to front elevation.
Decision
1. The appeal is dismissed.
Main Issue
2. The effect of the proposal on the character and appearance of the appeal
property (a locally listed building), the terrace of which it forms part, and the
relevant part of the St Albans Conservation Area.
Reasons
3. The appeal property is a mid-terraced house in a residential area characterised
by mostly terraced and semi-detached Edwardian housing. Along with many in
the area, the property is ‘locally listed’, and within the ‘Folly Lane, Garden
Fields & The Old Hospital’ (Area 7k) part of the St Albans Conservation Area.
The associated ‘Conservation Area Character Statement for St Albans’ 2016
(CS) notes that the principal character of Area 7k is that of a network of small-
scale, mid C19, artisan terraces, and late C19 terraced and semi-detached
housing, which forms an attractive and architecturally coherent part of St
Albans’ heritage of brick buildings.
4. The CS notes that throughout the area unsympathetic changes to windows,
doors and architectural details can easily erode the iteration and rhythm of the
C19 frontages, although it does not specifically mention the rear roofscape. The
CS notes that the rear elevations of houses in Kimberley Road appear more
prominent from the rear gardens of Ladysmith Road as a result of being on
higher ground, but this would not apply to the appeal site; its rear elevation
and that of the terrace of which it forms part would not be visible from
Ladysmith Road, although it would be glimpsed in gaps between buildings from
Goldsmith Way, on higher ground to the rear.
Appeal Decision APP/B1930/D/18/3213125
2
5. The proposal would not accord with the design aims set out in Policy 72 of the
St Albans District Plan 1994 (DP), in that its architectural style and roof form
would not be compatible with the original building; it would not leave the
original building form predominant, nor repeat the original roof form, as
required by DP Policy 85. It is evident from the CS that the locally-listed
buildings in Kimberley Road are important for their group contribution to the
character of this part of the conservation area, rather than their individual
value. I am mindful that a number of planning permissions for large flat-roofed
dormer windows have been granted in Kimberley Road and neighbouring
streets in recent years, although some appear more sensitive to the setting
than others, depending on their prominence in the street scene.
6. The appeal does not include full details of these permissions. Other than partial
extracts from the decision notices, there is little to explain the rationale for
those decisions, particularly as the provided Council reports set out reasons for
refusal. Whilst I am aware of the need for consistent decision-taking, there is
also a requirement to pay special attention to the desirability of preserving or
enhancing the character or appearance of a conservation area in exercising
planning functions.
7. In exercising this duty, I do not find that the size and scale of the rear dormer
window would be sympathetic to the existing property. The overall size of the
dormer window and its proximity to the roof ridge, eaves and sides would be
overly dominant on the property and the terrace of which it forms part, and
would not appear subservient as suggested by the appellant. However, I do not
share the Council’s view that the roofscape of this particular terrace is so
uninterrupted that it should be protected. This is on the basis of the staggered
ridge line and the disruption already created by the two-storey rear wings
which break the roofline. In this regard, I agree with the appellant’s view that
the erection of sensitively designed and located rear extensions ought not to
unacceptably impact upon the significance of the locally-listed terraces.
8. Although I have had regard to the other dormer windows in the vicinity, I do
not agree with the appellant’s view that these have a near-negligible impact on
the overall appearance of the area. Moreover, dormer windows in the locality
are not so prevalent that they are a defining part of the character of the
conservation area. I accept that the proposal would not be seen in the context
of the important façade of the property and terrace, and that the rear roof of
the appeal site is not as visually prominent as some. However, the proposal
would nevertheless be visible in public views from the road at the rear. Planting
may screen views for part of the year, but the rear roof slope of the property
was evident at the appeal site visit.
9. The appellant has identified a number of appeal decisions, most of which are
for sites outside of the Council’s administrative boundaries. In the absence of
fuller details of the developments, the site-specific contexts and the policies
against which they were assessed they offer limited support to the proposal.
10. I note that this is a reduced scheme following the refusal of a previous
application, ref. 5/2017/2759, but for the reasons outlined above I do not
consider that the alterations have made the proposal acceptable.
11. The appellant has offered to landscape the front garden. This is supported by
the CS and would be beneficial to the street scene, but it would not mitigate
Appeal Decision APP/B1930/D/18/3213125
3
the visual impact of the proposed roof extension. A landscaping condition would
not therefore address the identified harm.
12. I therefore find that the proposal would detract from the character and
appearance of this part of the St Albans Conservation Area, but that this harm
would be less than substantial1. On the basis of the information provided it is
not evident that this harm would be outweighed by public benefits. I do not
consider that creating a third bedroom would be material in the context of
housing land supply, and no evidence has been supplied to demonstrate that
the most significant housing requirement within the area is for 3-bed
properties, as indicated by the appellant. I accept that the extension of
smaller properties may be a means for growing families to afford to remain
within the city limits but this would should not be at the expense of design
and heritage considerations.
13. The proposal includes two rooflights to the front of the property. The
Council did not oppose this part of the development and I share this
assessment.
14. I therefore conclude that the size and scale of the proposed dormer window
would fail to preserve or enhance the character and appearance of the appeal
property, the terrace of which it forms part and this part of the St Albans
Conservation Area. This would conflict with the aims of the Framework, and
with the design aims of DP Policies 69, 72, 85 and 87, which requires
extensions to locally listed buildings to preserve the architectural or historic
interest. Although these policies are dated, they are broadly consistent with the
National Planning Policy Framework.
15. For the above reasons, I conclude that this appeal should be dismissed.
H Lock
INSPECTOR
1 Having regard to paragraph 196 of the National Planning Policy Framework.
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.