Ground floor rear extension 6.0 metres deep, maximum height of 3.0 metres, 3.0 metres high to the eaves
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Residential Amenity
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Inspector’s Reasoning
Appeal Decision
Site visit made on 12 November 2019
by S Harley BSc(Hons) MPhil MRTPI ARICS
an Inspector appointed by the Secretary of State
Decision date: 18th November 2019
Appeal Ref: APP/F5540/D/19/3235335
49 Thorncliffe Road, Southall UB2 5RL
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant approval required under a development order.
• The appeal is made by Mr Surbir Khaneja against the decision of the Council of the
London Borough of Hounslow.
• The application Ref 01120/49/PA2, dated 26 June 2019, was refused by notice dated
19 July 2019.
• The development proposed is ground floor rear extension 6.0 metres deep, maximum
height of 3.0 metres, 3.0 metres high to the eaves.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The Council has an alternative Ref of PA/2019/2378 which also seems to apply
to this case. For consistency I have used the Ref stated on the Council’s
decision notice. The proposal is described more succinctly on the planning
application form. The description of development on the Council’s decision
notice more fully describes the proposal so I have adopted it for this appeal.
Although the address is given on the application form as Thorncliff elsewhere
the address is referred to as Thorncliffe. I have used the latter for this appeal.
3. Schedule 2, Part 1, Class A of the Town and Country Planning (General
Permitted Development) Order 2015, as amended grants permitted
development rights for a single storey extension that extends up to 6 metres
beyond the rear wall of an original semi-detached dwelling house subject to a
prior approval process. Objections were received and the Council determined
that prior approval was required; it was refused.
Main Issue
4. The main issue is the effect of the proposed extension on the living conditions
of occupiers of the adjoining property, No 51 Thorncliffe Road, taking particular
account of outlook and light.
Reasons
5. The appeal property is one of a pair of semi-detached houses and is attached
to No 51. The proposed 6m flat roofed extension would be sited alongside the
shared boundary. No 51 has a single storey rear extension some 3.7m long. Its
side wall forms part of the shared boundary. Beyond this is a section of fence
Appeal Decision APP/F5540/D/19/3235335
2
with trellis and then fence some 1.8m high. The neighbour’s ground floor
window can be seen from the appeal site through the trellis.
6. Policy SC7 of the Hounslow Local Plan Volume One 2015 (the LP) requires
residential extensions to minimise harm to neighbouring residents by avoiding
an unacceptable loss of daylight/sunlight, outlook or creating an unacceptable
sense of enclosure. Policy CC2 expects development to have a positive impact
on the amenity of current and future residents. Policy CC1 seeks good design
that respects the character of the local area. The Residential Extensions
Guidelines 2017 (the REG) indicates that for semi-detached houses a single
storey rear extension not exceeding 3.65m from the original wall of the house
would help prevent unacceptable enclosure and blocking of daylight and
sunlight for neighbours.
7. The proposed extension would be three metres high with a flat roof. It would
project some 2.25m beyond the neighbour’s extension. The proposed extension
would overshadow that portion of the rear garden close to it to some extent
and would be clearly visible when seen from No 51. Due to its height, length
and position I conclude it would have an over-dominating effect and be visually
intrusive when viewed from the windows and garden of No 51. This would
create a gloomier and more oppressive outlook for existing and future
occupiers of No 51. It would not amount to good design.
8. I acknowledge that a 2m high fence could be erected on the boundary without
planning permission but such a fence would be much lower than the extension
proposed. I have also taken into account the conclusions of a colleague
Inspector who allowed appeal Ref APP/F5540/D/18/3204629. However, in that
case the proposed extension, although being higher nearer to the host
property, reduced in height to some 2.45m. It would therefore have a less
enclosing effect beyond the neighbour’s extension unlike in the case before me.
The Government has made provision for permitted development rights for
some 6m long rear extensions, but has also made specific provision for the
effects on the living conditions to be assessed. None of these matters lead me
to any different conclusion in respect of the appeal before me.
9. For the reasons set out above I conclude that the proposed extension would
have a harmful effect on the living conditions of occupiers of the adjoining
property No 51 Thorncliffe Road, in respect of outlook and light. Accordingly, in
not minimising the effect on neighbouring residents, it would conflict with
Policies SC7, CC1 and CC2 of the LP and the REG.
Conclusion
10. For the reasons set out above the appeal is dismissed.
S Harley
INSPECTOR
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