Erection of a two-storey front extension and two storey side extension after partial demolition of the garage / utility room party wall and replacement with a brick cavity wall
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 24 June 2019
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 10th July 2019
Appeal Ref: APP/H1705/D/19/3227932
331 Kempshott Lane, Basingstoke RG22 5LW
• 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 Shane Jones against the decision of Basingstoke and Deane
Borough Council.
• The application, Ref. 18/03488/HSE, dated 27 November 2018, was refused by notice
dated 12 April 2019.
• The development proposed is the erection of a two-storey front extension and two
storey side extension after partial demolition of the garage / utility room party wall and
replacement with a brick cavity wall.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposal on the visual amenity of the street
scene of this part of Kempshott Lane.
Reasons
3. The Council’s concern is that the size and height of the two storey side
extension and its proximity to the side boundary would result in the loss of a
gap between the host dwelling and No. 333. This would be perceived as being
cramped and harmful to the street scene.
4. The neighbouring property at No. 333 has had a first floor extension to the
boundary on its northern flank and this has reduced the gap between it and the
appeal property to the first floor above the latter’s garage. The appeal scheme
would infill this gap apart from 200mm and in my view this would not be
perceived as serving any meaningful purpose in visual terms in views from the
roadside.
5. Furthermore, this infilling would be in clear conflict with Section 11 of the
Council’s Design and Sustainability Supplementary Planning Document 2018
(‘the SPD’) which explains that gaps between buildings often make an important
contribution to the area and that excessive encroachment from infilling can
contribute towards an inappropriate terracing effect, resulting in a cramped
appearance detrimental to the street scene. In my assessment, the appeal
proposal is an example of just this, as the gap is important in providing a relief
Appeal Decision APP/H1705/D/19/3227932
2
from the substantial built form of Nos. 331 and 333 when read together in the
street scene.
6. For the appellant it is argued that at the time of the extension of No. 333 the
Council was explicitly aware that he would also wish to extend and that the
comments in the officer’s report of that extension were entirely at odds with the
Council’s current stance as regards the appeal application. I have read the
report for No. 333 and having regard to its content I agree with the grounds of
appeal that some equity in the approach to both No. 333 and 331 is fair and
reasonable.
7. However, in my opinion this should have been in the form of requiring a
reasonable gap to the boundary in each case rather than allowing No. 333 to
extend. And I consider that the officer’s report for the permission for No. 333
was wrong to dismiss the prospect of an extension to No. 331 of the type now
proposed as not being a material consideration. In the event, a gap of, say 1m,
each side of the boundary may not have been feasible to obtain a room of a
reasonable width, but given that the original development was a pair of linked
detached dwellings this should not be entirely unexpected. Such houses have
an inbuilt constraint because of their proximity to one another.
8. I acknowledge that there is a diversity in the streetscene of Kempshott Lane
and that the houses either side of the pair of Nos. 331 and 333 have already
been extended. But far from the remaining small gap above the garage of No.
331 being unimportant and indeed incongruous as the appeal statement
alleges, I consider that it continues to provide a degree of mitigation to a
stretch of Kempshott Lane that has had its character and appearance somewhat
spoiled by extensions that arguably at least are inappropriate. This is because
more weight appears to have given to the occupiers’ aspirations for extra living
space than to the effect on the appearance of the buildings and their context.
Nor do I consider that with the proposed size and frontage design of Nos. 331
and 333 these properties realistically read as a pair of semi-detached houses.
9. I entirely understand that the appellant might have a sense of grievance as to
the Council’s ‘first come first served approach’ since 2016 which is a direct
result of permitting an extension to the boundary. But for the reasons
explained, I do not consider it appropriate for any favourable reconsideration of
the appeal proposal because of the planning history to form part of this appeal.
10. Overall, I conclude that the proposal would have an unacceptable effect on the
visual amenity of the street scene of this part of Kempshott Lane. This would
result in conflict with Policies EM1 & EM10 of the Basingstoke and Deane Local
Plan 2011-2029; Section 11 of the SPD, and Section 12: ‘Achieving Well
Designed Places’ of the National Planning Policy Framework 2019.
11. For these reasons the appeal is dismissed.
Martin Andrews
INSPECTOR
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.