Alterations and extension to roof to form end gables; three front dormers; three rear dormers; rooflight in front roofslope; single storey side extension; front porch; part conversion of garage to kitchen and hardsurfacing to front (external alterations)
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Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 October 2019
by A McCormack BSc (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11th November 2019
Appeal Ref: APP/M5450/D/19/3232743
5 The Circuits, Pinner HA5 2BD
• 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 Mark Reeves against the decision of the Council of the London
Borough of Harrow.
• The application Ref P/2132/19, dated 9 May 2019, was refused by notice dated 4 July
2019.
• The development proposed is alterations and extension to roof to form end gables;
three front dormers; three rear dormers; rooflight in front roofslope; single storey side
extension; front porch; part conversion of garage to kitchen and hardsurfacing to front
(external alterations).
Decision
1. The appeal is dismissed.
Procedural Matter
2. The original description of the proposed development as set out on the application
form read as follows; ‘Single storey side extension, front porch, alterations to
existing roof including dormer windows to front and rear elevation & new
permeable driveway’. This has been amended by the Council to read as set out in
the heading above. From what is before me, I consider that the description used
by the Council on its Decision Notice and in the delegated officer report, more
accurately describes the proposal for which planning permission is sought.
Accordingly, I have used that description in my Decision.
Main Issues
3. The main issues are the effect of the proposed development on the:
• character and appearance of the host property and surrounding area; and
• living conditions of neighbouring occupiers with regard to outlook.
Reasons
Character and appearance
4. The host property is within a cul-de-sac of six properties of various designs. When
viewed from the public highway, four of the six properties have visible dormer
windows. The host property and its neighbouring dwelling at 4 The Circuits (No.4)
had no such windows visible at the time of my visit. Although these properties
have individually distinct designs, I note that they all have a hipped roof form in
Appeal Decision APP/M5450/D/19/3232743
2
common. This is a distinct and prominent characteristic of the group of dwellings
within The Circuits and as such is considered a key characteristic of the local area.
5. The appeal proposal seeks to alter the form of the host property’s roof from a
hipped gable roof form to two end gables. It would also involve the elongation of
the property and the proposed roof within the streetscene. As a result, I find that
the proposed roof form would appear out of keeping with the predominant roof
form in the local area and would visually overly increase the presence and scale of
the property within the cul-de-sac. This would cause the host property to appear
overly dominant and bulky within its plot and within the cul-de-sac. Furthermore,
it would create an overly large addition to the dwelling which would not be
subservient in scale or design to its original form. In light of this, I find that the
increased visual prominence and dominance of the property due to the proposed
scheme would be contrary to Paragraph 6.73 of the Council’s Residential Design
Guide (RDG).
6. From the evidence I have seen and my observations during my visit, the proposed
dormers within the front roofslope of the host property would be acceptable in
principle. Notwithstanding that four of the six properties within the cul-de-sac
have a dormer window in some form, I consider that the three proposed front
dormers would present the appearance of the property as an over development of
the property on its plot with disproportionate additions. Therefore, the property as
proposed would be of a scale and design at odds with its surrounding properties.
7. The appellant argues that the proposed scheme would be of high design quality
which would respect and reflect the characteristics of its surroundings. Moreover,
it is stated that the side extension proposed would be permitted development were
it to have a flat roof, as would rooflights within the front roof slope of the property
rather than dormers. It is also argued that the scheme has sought to provide a
more considered design which, in the appellant’s view, would benefit the wider
character and appearance of the area and street scene.
8. I have had due regard to all related matters raised in this matter. However, whilst
elements of the proposed scheme would reflect features of the wider area and
other nearby buildings, I find that the overall impact of the proposal in terms of its
roof design, scale and positioning on its plot and the number of dormer windows,
would result in it having a significant adverse visual impact on the original property
and the adjacent dwellings as a group within the cul-de-sac.
9. I note that a similar scheme may be constructed using permitted development
rights. However, such a potential scheme undertaken through permitted
development rights is not before me. Nonetheless, I accept that the potential for
such is a material consideration. Nevertheless, regardless of whether that
possibility may or may not be the case, I must assess the submitted proposal
before me now on its own individual merits and circumstances whilst having due
regard to the evidence submitted and all other material considerations. Moreover,
I confirm that I have assessed and determined the appeal scheme on that basis.
10. Consequently, I conclude that the proposed development would have a significant
detrimental effect on the character and appearance of the host property and its
surrounding area. Therefore, it would be contrary to Core Policy CS1.B of the
Harrow Core Strategy (the CS), Policy DM1 of the Harrow Development
Management Policies Local Plan (the DMPLP), the RDG adopted Residential Design
Guide, Policy 7.4B of the London Plan (the LP) and the National Planning Policy
Framework (the Framework). Amongst other things, these policies and guidance
seek to ensure that development respects existing features, has no adverse effect
on the character or appearance of its surroundings and is of high design quality.
Appeal Decision APP/M5450/D/19/3232743
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Living conditions - outlook
11. The host property, and therefore the proposed development, is set at about 90
degrees to the neighbouring property at No.4. Moreover, the proposed side
extension and gable end roof form at the east end of the appeal property would
move to within about 4 metres of the front elevation of No.4. As such, taking
account of the cumulative effect of the height of the proposed side gable end wall,
its proximity to No.4 and its nearest window serving a habitable room, I find that
the proposal would result in a development which would be significantly visually
intrusive to neighbouring occupiers and detrimental to their residential amenity.
12. Elements of the proposed development would have limited adverse impact on the
residential amenity of neighbouring occupiers. However, from my observations, I
find that the scale, bulk and proximity of the proposed roof and side extension
would have a prominent impact on the outlook of the occupiers of No.4 from the
nearest front window of that property.
13. I have carefully considered the appellant’s points made in support of the appeal.
These include the proposal respecting the ‘45 degree’ line rule set out in the
Council’s RDG and references to other properties in the local area which are argued
to have similarities to the appeal proposal. I also note all other arguments for the
proposal, particularly with regard to meeting relevant policy requirements that
have been set out in the appellants’ statement.
14. Notwithstanding this, based on the evidence submitted, in my assessment, the
proposal would result in substantive harm to the outlook of the occupiers of No.4.
Moreover, such harm would not likely be overcome or addressed by conditions.
This harm would result from the set-back position of No.4 and the host property
within the street scene, particular the positioning and proximity of the proposed
side extension and gable end roof to No.4. This would lead to closer proximity of
the two properties were the proposal allowed. As such, the harm identified would
be unacceptable in terms of limiting the outlook from the nearest front window at
No.4, resulting in a significant loss of amenity for its occupants.
15. Accordingly, I conclude that the proposed development would have a substantive
adverse impact on the living conditions of neighbouring occupiers with regard to a
loss of outlook. It would therefore be contrary to Policy DM1 of the DMPLP, the
adopted RDG and Policy 7.6B of the LP. Amongst other matters, these policies and
guidance seek to ensure that new development has a high standard of layout and
no unacceptable impact on residential amenity.
Conclusion
16. The proposed scheme would have a number of merits in its favour which the
appellant has set out. However, on balance, taking account of the impact of the
proposed development on its host property, its surroundings and its neighbouring
occupiers, I find that such benefits would be outweighed by the harm identified.
17. Therefore, for the above reasons, and having had regard to all other matters
raised, I conclude that the appeal should not succeed.
A McCormack
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