Demolition of the existing garage and dormer windows and replacement with new side extension and new dormer windows

Appeal Decision Site visit made on 7 May 2019 by Jan Hebblethwaite MA Solicitor (non-practising) an Inspector appointed by the Secretary of State Decision date: 20th June 2019 Appeal Ref: APP/J0540/D/19/3221818 1281 Lincoln Road, Peterborough PE4 6LJ • 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 Mooney against the decision of Peterborough City Council. I note that the appeal was made by Mr Paul Mooney. • The application Ref 18/01821/HHFUL, dated 16 October 2018, was refused by notice dated 20 December 2018. The appeal form states that the application was made on 22 October 2019. • The development proposed is the demolition of the existing garage and dormer windows and replacement with new side extension and new dormer windows. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed extension on living conditions for the occupiers of the neighbouring property to the south. Reasons 3. The host building is a compact detached chalet bungalow. The two bedrooms are in the roof space with three windows under a single flat roofed dormer. There is a single storey extension to the rear and a flat roofed single storey garage to the side, adjacent to the southern boundary. The proposal would replace the existing flat roofed dormer windows with two dormers with pitched roofs and a rooflight and create a two-storey extension including a replacement garage forward of the existing front elevation. 4. At present, the gable end wall of the host building is separated from the neighbouring property by the flat roofed single storey garage. The existing ridge height is 6670cm. The extension would have the same roof height and would be perpendicular to the existing house, forming an “L” shape. The resulting wall and roof would be close to the boundary with the neighbouring property. 5. Drawing 40-100 sets out the proposed floor plans with measurements and shows the length of the extension to be in excess of 12.4m, of which about 8m would extend beyond the main rear wall of the neighbouring property. I do not have drawings showing site levels, but the Council’s report indicates that the Appeal Decision APP/J0540/D/19/3221818 2 appeal site is higher than the neighbouring property to the south. I noticed such a difference in levels on my visit. The Council estimates that the eaves height of the extension would be at approximately waist height at first floor level in the neighbouring property. I have no reason to doubt that calculation and have seen nothing to dispute it. 6. The scale and bulk of the extension and its eaves and ridge height close to the boundary would have an oppressive impact on the facing window in the elevation of the neighbouring house. The appellant makes the point that the roof is sloped away from the neighbouring property, but in the light of the difference in levels and the eaves and ridge height of the extension, the slope does not address my concerns that the extension would be oppressive. The extension would also be overbearing to the users of the rear garden of the neighbouring property. 7. As a result, the proposed development is contrary to the Core Strategy DPD1 (CS policies) and the Planning Policies DPD2 (PP policies). Policy CS16 deals with urban design and the public realm and includes a requirement that new development should not result in an unacceptable impact on the amenities of the occupiers of neighbouring properties. Policy PP3 also deals with the impact of new development and states that development will not be permitted which would result in (amongst other matters) an overbearing impact on nearby property. Conclusion 8. For the reasons given above and having regard to all other matters raised, I conclude that the appeal should be dismissed. INSPECTOR Jan Hebblethwaite 1 Peterborough City Council Core Strategy Development Plan Document 2011 2 Peterborough City Council Planning Policies Development Plan Document 2012