Remodelling and extension to existing house including single storey rear extension, two–storey side extension with second floor replacing existing pitched roof

Appeal Decision Site visit made on 7 May 2019 by Philip Willmer BSc Dip Arch RIBA an Inspector appointed by the Secretary of State Decision date: 10 June 2019 Appeal Ref: APP/Q1445/D/19/3224002 4 Radinden Manor Road, Hove, East Sussex, BN3 6NH. • 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 and Mrs Marcus and Elaine Freeman against the decision of Brighton and Hove City Council. • The application Ref BH2018/03031, dated 1 October 2018, was refused by notice dated 24 December 2018. • The development proposed is remodelling and extension to existing house including single storey rear extension, two–storey side extension with second floor replacing existing pitched roof. Decision 1. The appeal is allowed and planning permission is granted for remodelling and extension to existing house including single storey rear extension, two–storey side extension with second floor replacing existing pitched roof at 4 Radinden Manor Road, Hove, East Sussex, BN3 6NH in accordance with the terms of the application, Ref BH2018/03031, dated 1 October 2018, and the plans submitted with it, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Subject to conditions 4 and 5 below the development hereby permitted shall be carried out in accordance with the following approved plans, drawings numbered: WG 137 001 revision P1, 002 revision P2, 003 revision P1, 004 revision P1, 005 revision P2, 006 revision P1, 007 revision P2, 008 revision P2, WG 137 BLOCK revision P1, WG 137 – LOC revision P1 and Design and Access Statement revision P2. 3) No development shall commence until details of the materials to be used in the construction of the external surfaces of the extensions hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 4) No development shall commence until there shall have been submitted to and approved in writing by the local planning authority a scheme design for the proposed first floor green roof area to replace the proposed first floor roof terrace to the rear of the dwelling shown on the application drawings. The green roof shall then be accessed for maintenance purposes only and it shall not be used as a roof garden, terrace, patio or similar amenity area. Appeal Decision APP/Q1445/D/19/3224002 2 Main Issue 2. I consider the main issues to be: • The effect of the proposed development on the character and appearance of the area; and, • The effect of the proposal on the living conditions of the occupiers of 3 Radinden Manor Road in terms of the potential for overlooking of the rear garden from the first floor rear terrace. Reasons 3. The property the subject of this appeal, 4 Radinden Manor Road, is a detached two-storey dwelling, located on the corner of Radinden Manor Road and Shirley Road. 4. With the exception of a school complex opposite, the area is characterised by large vernacular style detached dwellings set in substantial mature garden plots. However, as I saw, a number of contemporary dwellings have been built and integrated successfully amongst the existing more traditional dwellings in the surrounding residential area. The ground rises from the south west up the road to the north east thereby making number 4 slightly more prominent than the dwellings to the south west. Character and appearance 5. The appellants propose the extension and remodelling of the existing house including the construction of a second floor replacing the existing pitched roof. The form and style of the house would be radically altered from its current pitched roof vernacular form and style to a flat roof contemporary structure. In respect of its height and architectural style and form it would contrast with its immediate neighbours. 6. Due to the topography of the site, its height, three-dimensional form and design detailing and corner plot location, it would be more prominent than its immediate neighbour number 3 Radinden Manor Road. I also note that it would be located closer to Road than number 2 Shirley Road, breaking what the Council has identified as an established building line. However, being a corner plot, this is a location where one might traditionally find a building that both provides definition to the corner and helps make the transition from one road to another. 7. Further, in my judgement, the combination of the choice of materials, all of which are compatible to a traditional vernacular palette, and the variety of heights of the different elements would, in this case, all help to reduce the overall visual mass of the building. 8. Overall, for the reasons given, I conclude that this building would serve to reinforce the sense of place by respecting the diverse character and urban grain of this neighbourhood. The proposal therefore accords with Policy CP12 of Brighton and Hove City Council’s Development Plan – Brighton and Hove City Plan Part One (March 2016) (CP) as it relates to the need to, amongst other things, raise the standard of architecture and design in the city. Living conditions 9. A roof terrace, to the rear of the dwelling, is proposed at first floor level. The drawings show a part metal privacy screen and part glazed balcony. However, the Appeal Decision APP/Q1445/D/19/3224002 3 drawings are small scale and therefore the detail of these two elements and their ability to screen views from the terrace is not clear. 10. Accordingly, given the relationship of the first floor terrace to the rear of number 3 Radinden Manor Road, I agree with the Council that the development may well result in overlooking leading to a loss of privacy. 11. The appellants have proposed that to address this matter they would be willing to amend this element of the scheme by replacing the terrace with a green roof. Having regard to the Wheatcroft principles (Bernard Wheatcroft Ltd vSSE [JPL 1982] P37) and given that this change would remove the opportunity of any overlooking of neighbouring properties, I do not consider that taking it into account would result in any injustice. Accordingly, I am satisfied that this is a matter that could be controlled by a suitably worded condition. 12. I therefore conclude in respect of the second main issue that, subject to the replacement of the proposed rear terrace with a green roof, the proposed development would not cause harm to the living conditions of the occupiers of 3 Radinden Manor Road by reason of overlooking or loss of privacy. It would therefore accord with LP Policy QD27 which seeks to protect residential amenity. Other matters 13. In relation to the possibility of setting a precedent, I have concluded that on the basis on which I have considered the case, the scheme would comply with the objectives of planning policy. Although all sites are different, and all cases fall in the first instance to be considered by the local planning authority, proposals which fall within the terms of planning policy would not lead to the creation of an unacceptable precedent. Conditions 14. To ensure a high quality development, I shall include a condition about the materials to be used in the construction of the external surfaces of the building. 15. In the interests of certainty, I shall impose a condition requiring the development to be undertaken in accordance with the approved plans. 16. The appellants suggested that the proposed first floor roof terrace could be built as a green roof to overcome any potential harm from overlooking. Accordingly, to ensure the private amenity of neighbouring occupiers, I shall require the proposed roof terrace to be built and maintained as a green roof with access limited to maintenance only. Conclusions 17. For the reasons given above and having regard to all other matters raised, I conclude that the appeal should be allowed. Philip Willmer INSPECTOR