Construct bedroom extension over existing garage on the side of the property, convert existing garage into playroom. Position pitched roof over washroom
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Character & Appearance
Green Belt Policy
Inspector’s Reasoning
Appeal Decision
Site visits made on 30 September & 14 October 2019 by AJ Sutton BA Hons DipTP
DMS MRTPI
by R C Kirby BA Hons DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 15 November 2019
Appeal Ref: APP/Z2830/D/19/3233305
39 Hillside Crescent, Nether Heyford, NN7 3LS
• 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 Richard Lazenby against the decision of South Northants
District Council.
• The application Ref S/2019/0647/FUL, dated 24 March 2019, was refused by notice
dated 21 May 2019.
• The development proposed is described as ‘Construct bedroom extension over existing
garage on the side of the property, convert existing garage into playroom. Position
pitched roof over washroom’.
Decision
1. The appeal is allowed, and planning permission is granted to construct
bedroom extension over existing garage on the side of the property, covert
existing garage into playroom and position pitched roof over washroom at 39
Hillside Crescent, Nether Heyford, NN7 3LS in accordance with the terms of
application Ref S/2019/0647/FUL dated 24 March 2019 and subject to the
conditions below:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans:
Plan on Ground Floor - Proposed
Plan on First Floor - Proposed
Revised Proposed Elevation - Bin Store Added to Elevation, Revision A
Location/Site Plan 11 March 2019
3) Notwithstanding condition 2 no development shall take place until details
of the bin store 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) The external surfaces of the development hereby permitted shall be
constructed in materials matching those of the existing property.
Appeal Decision APP/Z2830/D/19/3233305
2
Appeal Procedure
2. The site visits were undertaken by an Appeal Planning Officer whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Preliminary Matters
3. The decision notice sites Section 7 of the National Planning Policy Framework
(Framework) relating to the vitality of town centres and as such, is not
considered relevant to this decision. Reference was also made to the proposal
not having due regard to the Council’s Corporate Priorities, the details of which
are not before me and have therefore not informed this decision.
4. A revised plan was submitted during the planning application process, which
includes the addition of a single storey pitched roof bin store to be attached to
the side elevation of the appeal property. The officer’s report indicates that
further details of the bin store were not accepted at this time as the Council
was minded to refuse planning permission. I have considered all submitted
plans before me in reaching this decision.
Main Issues
5. The main issues in this case are the effect of the proposal on:
• the character and appearance of the host property and the surrounding area,
and
• the living conditions of the occupiers of No 37 Hillside Crescent, particularly
with regard to outlook and light.
Reasons for Recommendations
6. The appeal property is a semi-detached dwelling, in a residential area at the
edge of the rural settlement of Nether Heyford. The property is part of an inner
island of terraced and semi-detached dwellings, formed by Hillside Road and
Hillside Crescent, with properties on Hillside Road and the north east corner of
Hillside Crescent enjoying an open outlook over a village green. Dwellings to
the west including the appeal property, appear of a similar period whilst
properties to the south and east of Hillside Crescent are later additions,
individual in character and set in large plots.
Effect on Character & Appearance
7. The proposed extension would be modest in scale and would be subservient to
the appeal property. The existing garage forms a straight building line with the
principal elevation fronting the street. The proposed small bin store would
continue this line and the first floor extension on the garage would reflect the
appearance of the principal elevation of the property. As such the proposal
would not be an incongruous addition and would not harm the appearance of
the appeal property.
8. The appeal property is located near the junction with Hillside Road, with its
southern boundary close to the bend of Hillside Crescent. However, it is not
particularly prominent in the street scene. The proposed development would be
located on the side elevation set back from the principal elevation ensuring that
the appearance when viewed from the junction and wider views from across
Appeal Decision APP/Z2830/D/19/3233305
3
the village green would be relatively unchanged. Furthermore, the appearance
of the side elevation of the appeal property would be similar to that existing,
when viewed from the bend of Hillside Crescent. Therefore, the proposed
development would have a neutral effect on the character and appearance of
the surrounding area.
9. Whilst there would be glimpsed views of the proposed development when
viewed from the rear from Hillside Road, the slight visual change would not
significantly affect the existing sense of openness in the area. The reduced
distance between the appeal property and No 37 resulting from the
development would not be at odds with the existing street scene, where the
plan form is characterised by different size gaps and spaces between dwellings.
Furthermore, the appearance of the paired properties (host dwelling and No 41
Hill Crescent) would not be unbalanced by the proposal given the nature of the
proposed development, varying plot sizes and shapes and the existing
extension at No 41.
10. In light of the above, I conclude that the proposed extension would not harm
the appearance of the host property and would have a neutral effect on the
character and appearance of the area. The proposal would be consistent with
the aims of Policies G3(A), H17 and EV1 of the South Northamptonshire Local
Plan 2014 (Local Plan) and the South Northamptonshire Council
Supplementary Planning Guidance ‘Residential Extensions’ (SPG) which
collectively seek development to be compatible in terms of type, scale, design
and materials with the existing character of the locality, with extensions
respecting the scale and character of the existing dwelling and of neighbouring
development. Furthermore, the proposal would not be contrary to Framework
and Planning Practice Guidance in respect to achieving well designed places.
Effects on Living Conditions
11. The outlook from the first floor window on the side elevation of No 37 is
partially obscured by the pitched roof of the existing single storey extension at
this property. This in itself limits the view of the appeal property and restricts
light from the west. It was observed that the existing open view to the north
from this window would be unaltered by the development.
12. Whilst the existing acute angle formed by the properties respective side
elevations would be narrowed by the proposed development, resulting in a
distance less than that advised in the SPG, the existing offset configuration of
the properties would ensure that the development would not appear
overbearing on the outlook from this window which serves a bedroom. Nor
would the proposed first floor extension result in a loss of light to No 37’s side
window because of its position relative to the side wall of this property and the
north eastern orientation of its side elevation.
13. In light of the foregoing, I conclude that the proposal would not affect the
outlook from the side window serving No 37, nor would it result in a loss of
light to the degree that would make the room that this window serves less
pleasant to use. The proposal, therefore, accords with the aims of Policies
G3(D) and H17 of the Local Plan and guidance in the SPG which seek to
prevent development that unacceptably harms the amenities of any
neighbouring properties or results in a significant loss of amenity to
neighbouring occupiers.
Appeal Decision APP/Z2830/D/19/3233305
4
Other Matters
14. My attention has been drawn to a planning application which was refused
permission for a similar development at the adjoining property. However, no
details in respect of this proposal have been submitted for me to assess and
this therefore limits the weight that I can give this matter in my consideration
of the appeal before me. In any event, each planning application and appeal
must be considered on its individual merits.
Conditions
15. In addition to conditions addressing statutory requirements and to ensure that
the development is constructed as approved, for certainty and in the interests
of the character and appearance of the area and dwelling, conditions
controlling external materials and the details of the bin store are necessary.
Conclusion and Recommendation
16. For the reasons outlined above, I conclude that the appeal should be allowed
with the suggested conditions.
A J Sutton
APPEAL PLANNING OFFICER
Inspector’s Decision
17. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on this basis the appeal is allowed with the conditions set out
above.
R C Kirby
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.