Rear single storey extension forming a day room and first floor side extension providing an additional bedroom/ensuite, also an open porch on the frontage
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Character & Appearance
Extensions
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 19 March 2019
by Sarah Colebourne MA, MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 29th March 2019
Appeal Ref: APP/Q4625/D/19/3219896
4 Heathfield Close, Knowle, Solihull, B93 9EH
• 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 William Spittle against the decision of Solihull Metropolitan
Borough Council.
• The application Ref PL/2018/02471/MINFHO, dated 15 August 2018, was refused by
notice dated 6 November 2018.
• The development proposed is described as a rear single storey extension forming a day
room and first floor side extension providing an additional bedroom/ensuite, also an
open porch on the frontage.
Decision
1. The appeal is allowed and planning permission is granted for a rear single
storey extension forming a day room and first floor side extension providing an
additional bedroom/ensuites, also an open porch on the frontage at 4
Heathfield Close, Knowle, Solihull, B93 9EH in accordance with the terms of the
application, Ref PL/2018/02471/MINFHO, dated 15 August 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 hereby permitted shall be carried out in accordance
with the following approved plans: 1515/9, 1515/10, 1515/11,
1515/12, 1515/13, 1515/14, 1515/15.
3) The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match those used in the existing
building.
Reasons
2. The main issue is the effect of the first floor side extension on the character
and appearance of the dwelling and the street scene.
3. 4 Heathfield Close is a detached modern dwelling, located in the corner of a
residential cul-de-sac of similar properties. An original, attached single storey
double garage has been extended and converted to a kitchen and store. This
sits at an angle to the main part of the dwelling. The proposal includes a first
floor extension above this to provide a bedroom and ensuite with a separate
ensuite to serve an existing bedroom. It would have a pitched roof which
would step down in three sections. The highest part of the ridge would sit
Appeal Decision APP/Q4625/D/19/3219896
2
below that of the main roof with a smaller, slightly lower section below. It
would then step down to single storey height, decreasing the mass of the
building towards the side boundary. This would ensure a subservient
appearance, which the Council itself acknowledges. However, it considers that
the roof would be incongruous and contrived. Its comments to the appellant
refer to its Supplementary Planning Document (SPD) ‘House Extension
Guidelines’ (2010) which requires that extensions should run parallel with the
main dwelling. I have noted, however, that the SPD promotes the
consideration of individual site circumstances and its guidance should be
applied flexibly.
4. In this case, the main part of the dwelling turns the corner to follow the line of
the road. The corner position of the dwelling dictates that an attached
extension should follow the side boundary with no 3 so that it too follows the
line of the road and faces across the head of the cul-de-sac rather than across
the front garden of no 3. The adjacent dwelling at no 5 has a garage block
which follows the same principle. I therefore find that the design approach
taken by the appellant is appropriate. In any case, given the discreet siting in
the corner of the cul-de-sac it would not be unduly prominent or bulky in the
street scene. Window styles would reflect those of the main dwelling and a
condition for materials would ensure that its appearance is acceptable. The
proposed extension would therefore reflect the siting and design of the dwelling
and would sit comfortably within the street scene.
5. I have noted the appellant’s references to other extensions elsewhere but
those do not appear to be angled as in this case. They are not directly
comparable and I have therefore considered this proposal on its own merits.
6. I have noted that the Council has raised no objection to the rear day room
extension or front porch and from what I have seen I have no reason to
disagree. These are modestly sized extensions whose scale, form and design
reflect those of the dwelling and the area.
7. Neither has it raised any objection to the proposed extensions in terms of the
living conditions of neighbouring residents. I have, however, had regard to the
objections from local residents but I am satisfied that given the distances
between the extensions and neighbouring properties there would not be any
undue overbearing, loss of privacy or light, or noise for neighbouring residents.
8. In addition to the standard commencement condition, a condition is necessary
requiring that the development is carried out in accordance with the approved
plans, in order to provide certainty. A condition requiring matching external
materials is necessary in the interests of the character and appearance of the
dwelling and the area.
9. For these reasons I conclude that the proposal would not result in harm to the
character and appearance of the dwelling or the street scene. It would accord
with development plan policy P15 in the Solihull Local Plan 2013 which seeks to
achieve high quality design. There are no material considerations that justify
determining the appeal otherwise and the appeal should be allowed.
Sarah Colebourne
Inspector
£
Costs decision section
Costs Decision
Site visit made on 19 March 2019
by Sarah Colebourne MA, MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 29th March 2019
Costs application in relation to Appeal Ref: APP/Q4625/D/19/3219896
4 Heathfield Close, Knowle, Solihull, B93 9EH
• 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 William Spittle for a full award of costs against Solihull
Metropolitan Borough Council.
• The appeal was made against the refusal of planning permission for a rear single storey
extension forming a day room and first floor side extension providing an additional
bedroom/ensuite, also an open porch on the frontage.
Decision
1. I refuse the application for a full award of costs.
Reasons
2. The government’s Planning Practice Guidance (PPG) states that costs may be
awarded against a party who has behaved unreasonably and thereby caused
the party applying for costs to incur unnecessary or wasted expense in the
appeal process.
3. The PPG also indicates that local planning authorities will be at risk of an award
being made against them if they fail to produce evidence to substantiate each
reason for refusal on appeal or make vague, generalised or inaccurate
assertions about a proposal’s impact which are unsupported by any objective
analysis. The appellant maintains that the Council failed to produce evidence
to substantiate its reason for refusal and made vague, generalised and
inaccurate assertions about the impact of the proposal.
4. The Council referred in its decision and in its comments to the appellant to its
Supplementary Planning Document (SPD) ‘House Extension Guidelines’ (2010)
which seeks to ensure that extensions run parallel to the dwelling. Its officer’s
report refers to ‘an awkward, angular extension that will add substantial bulk
and massing’. Its decision refers to ‘design, bulk and appearance’ and to policy
P15. The Council therefore provided clear evidence in the form of the SPD,
reference to policy P15 and highlighted specific concerns in an attempt to
support its reason for refusal. Although I reached a different conclusion from
the Council, design is a matter of judgement and the Council was entitled to
have a different view.
5. The PPG also advises that local planning authorities will be at risk of an award
being made against them if they do not determine cases in a consistent
manner. The appellant referred to other examples which he considers have
been determined inconsistently by the Council but my decision shows that
Appeal Decision APP/Q4625/D/19/3219896
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those are not directly comparable to the appeal proposal and I determined the
appeal on its merits. I do not find, therefore, that the Council has acted
inconsistently.
6. For the reasons given above, I find that unreasonable behaviour resulting in
unnecessary or wasted expense as described in the PPG has not been
demonstrated and that neither a full or partial award of costs is justified.
Sarah Colebourne
Inspector
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