Dormer extension to front
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Extensions
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 May 2019
by Mr M Brooker DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 June 2019
Appeal Ref: APP/W0734/D/19/3223137
10 Rutland Avenue, Middlesbrough TS7 8JY
• 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 Carl Todd against the decision of Middlesbrough Borough
Council.
• The application Ref 18/0691/FUL, dated 23 October 2018, was refused by notice dated
14 January 2019.
• The development proposed is described as a dormer extension to front.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Mr Carl Todd against Middlesbrough
Borough Council. This application is the subject of a separate Decision.
Main Issue
3. The main issue is the effect of the proposed development on the character and
appearance of the host property and the surrounding area.
Reasons
4. The appeal property is a semi-detached property with an extensive sloping roof
of a style and design of its age, situated in an area where similar properties
predominant.
5. The proposed dormer extension is set down from the ridgeline, up from the
eves and in from the end of the roof as required by Middlesbrough’s Urban
Design Supplementary Planning Document (the SPD). However, as a result of
the size of the proposed dormer extension and because it would project
forwards of the existing first floor flat roofed window, the proposed
development would not appear as subordinate to the existing dwelling contrary
to guidance set out in the SPD.
6. The proposed dormer extension is wider and out of alignment with the ground
floor window situated below the proposed extension and furthermore, the
submitted plans show that the window in the proposed dormer extension would
be of a square design, in contrast to the other windows in the front elevation of
the appeal property that have a clear horizontal emphasis.
Appeal Decision APP/W0734/D/19/3223137
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7. Consequently, the proposed dormer extension would appear as a prominent
and incongruous feature harming the character and appearance of the host
property and the surrounding area contrary to Policies DC1 and CS5 of the
Middlesbrough Local Development Framework Core Strategy (2008) and the
guidance of the SPD that, amongst other matters, seek to ensure that new
development enhances the character and appearance of the local environment.
Other Matters
8. The Appellant states that the proposed dormer extension to the front is
preferable to a similar scheme, or a ground floor extension, to the rear that
could be carried out under Permitted Development rights but may impact on
the living conditions of the occupiers of the properties to the rear. I have not
been provided with any substantive details of this alternative scheme or the
harm that it may cause to the occupiers of properties to the rear.
Consequently, I afford this matter little weight.
9. I have some sympathy that the Appellant wishes to provide a larger bedroom
for a family member. However, this is primarily a private benefit and does not
outweigh the harm I have identified previously.
10. At my site visit I noted some other dormer window extensions to a small
number of properties in the area surrounding the appeal property. The
appellant has directed me to an unimplemented and now expired planning
permission for very similar dormer extension at 16 Rutland Avenue. I have
been provided with some details of the scheme but not the policies and
circumstances that applied at the time that this scheme was approved. In any
event each appeal must be determined on its own individual merits, as I have
done.
Conclusion
11. For the reasons given above I conclude that the appeal should be dismissed.
Mark Brooker
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 15 May 2019
by Mr M Brooker DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 14 June 2019
Costs application in relation to Appeal Ref: APP/W0734/D/19/3223137
10 Rutland Avenue, Middlesbrough TS7 8JY
• 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 Carl Todd for a full award of costs against Middlesbrough
Borough Council
• The appeal was against the refusal of the Council to grant planning permission for a
dormer extension to front.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance (the PPG) advises 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. Examples of unreasonable behaviour of the local planning authority
include not determining similar cases in a consistent manner and where the
Council has prevented development which should have been permitted.
3. The PPG also makes it clear that a local planning authority is at risk of an
award of costs if it prevents or delays development which should clearly have
been permitted having regard to its accordance with the development plan,
national policy and any other material planning considerations or fails to
produce evidence to substantiate each reason for refusal at appeal and/or
makes vague, generalised or inaccurate assertions about a proposal’s impact
which are unsupported by any objective analysis.
4. The main thrust of the Applicant’s case is that the Council has failed to apply a
consistent assessment of the application when compared to a similar scheme at
16 Rutland Avenue1 and other dormer extensions in the surrounding area.
5. The Applicant considers that this behaviour has led them to incur unnecessary
delay and expense in having to appeal the refusal when planning permission
should have been granted.
6. It is not clear from the evidence before me whether or not the lapsed planning
permission at 16 Rutland Avenue was brought to the attention of the Council at
the time that the application was being determined and whether or not
1 M/FP/0282/14/P 16 Rutland Avenue 30 April 2014
Costs Decision APP/W0734/D/19/3223137
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particular policies or circumstances relevant at the time that permission was
granted for that development still apply now.
7. The Council, in their Officer’s report, have clearly had regard to the Urban
Design SPD and the adopted Development Plan policies as they consider the
development would have a harmful effect on the character and appearance of
the host property and the surrounding area.
8. In reaching my decision, it was clear that the merits of the proposal rested on a
subjective opinion on whether or not the proposed development would harm
the character and appearance of the host dwelling and the surrounding area as
a result of the size, scale and appearance of the dormer extension.
Conclusion
9. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the PPG, has not been demonstrated and
therefore an award of costs is not justified.
Mark Brooker
INSPECTOR
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