Single storey rear extension
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Character & Appearance
Extensions
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 February 2020
by Mr JP Sargent BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 February 2020
Appeal Ref: APP/T5150/D/19/3236209
33 Park Chase, Wembley HA9 8EQ
• 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 Zeeshan Habib against the decision of the Council of the
London Borough of Brent.
• The application Ref 19/2273, dated 26 June 2019, was refused by notice dated
31 July 2019.
• The development is the erection of a single storey rear extension.
Decision
1. The appeal is allowed, and planning permission is granted for the erection of a
single storey rear extension at 33 Park Chase, Wembley HA9 8EQ in
accordance with the terms of the application, Ref 19/2273, dated
26 June 2019.
Procedural matters
2. An application for costs was made by Mr Zeeshan Habib against the Council,
and that is the subject of a separate decision.
Main Issue
3. The main issue in this case is the effect of the development on the character
and appearance of the area.
Reasons
4. The appeal concerns a property in a residential street that was originally a
semi-detached dwelling but is currently in use as flats.
5. The extension before me has now been constructed, and serves the flat on the
ground floor. It appears to be built mainly of UPVC, with solid infill panels and
glazing to the sides and roof. UPVC is not an uncommon material to find on
domestic properties as it is used in conservatories, windows, weatherboarding
and so on, and indeed is apparent elsewhere in the vicinity. Consequently,
although it has a different texture and finish to the walls of the main building, it
is not of itself discordant in this context. Therefore, given the extension’s
limited size and taking account of its elevations being mainly solid rather than
glazed, I consider it does not appear as an incongruous addition to the
property, but rather is a subservient feature.
6. With regard to its impact on the wider area, views of the development are
limited as the extension is at the back and the garden is enclosed by relatively
Appeal Decision APP/T5150/D/19/3236209
2
tall fencing. Whilst it can be seen from the rear garden and rooms of the
adjoining property, only a small portion of the extension is apparent from there
above the boundary fence, and again its appearance is comparable to that of a
conservatory or similar. As such, when looking from that property I consider
what is before me is not visually discordant.
7. Moreover, the extension is in the context of the adjacent dwellings, which,
although maybe of similar designs originally, have been subject to a range of
alterations and additions over time. The effect of this is to create a row of
properties that, when looked at from the back, display a significant degree of
variety and diversity. As a result, the row can accommodate a certain amount
of change without harm. Therefore, from the few places from where it is
noticeable, I am not satisfied that it appears as a poorly designed incongruous
feature.
8. In coming to this view, I appreciate that the Council’s Supplementary Planning
Document 2 (SPD2) says that, ‘where possible’, materials should match the
main house. However, in this instance I have found that harm does not arise
from use of UPVC, and so that advice in SPD2, of itself, is not a basis to resist
the appeal.
9. Accordingly, I conclude that the development does not detract unacceptably
from the character and appearance of the area, and so in this regard it does
not conflict with Policy DMP1 in the Council’s Development Management
Policies, which seeks development that is complementary to its locality, whilst
any conflict with SPD2 does not warrant refusal in this instance.
Other matters
10. The limited projection and height of the structure, together with its siting to the
north, mean it is not unduly dominant when seen from No 35, and it does not
cause unacceptable harm to the outlook and daylight enjoyed at that property.
11. The Council has suggested 3 conditions. However, as the development appears
to be completed there is no need for compliance with the approved plans or the
condition requiring its commencement. Moreover, in my judgement its
materials are satisfactory, and so the requirement they match those of the
main building is unnecessary.
Conclusions
12. For the reasons given above I conclude the appeal should be allowed.
JP Sargent
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 5 February 2020
by Mr JP Sargent BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 11 February 2020
Costs application in relation to Appeal Ref: APP/T5150/D/19/3236209
33 Park Chase, Wembley HA9 8EQ
• The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr Zeeshan Habib for a full award of costs against the
Council of the London Borough of Brent.
• The appeal was against the refusal of planning permission for the erection of a single
storey rear extension.
Decision
1. The application for an award of costs is dismissed.
Reasons
2. The Planning Practice Guidance advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying
for costs to incur unnecessary or wasted expense in the appeal process.
3. The applicant contended that the Council has relied on vague and generalised
assertions, but from what was presented I understood and appreciated the
nature of the Council’s concerns. I am of the view that these concerns were
reasonable, and they have been suitably substantiated in its submissions. The
acceptability of the development is a matter of planning judgement and, whilst
I have come to different conclusions to those of the Council, I nonetheless
consider that, on the case presented, it did not act unreasonably in arriving at
its decision.
Conclusions
4. Accordingly, I conclude that unreasonable actions leading to unnecessary
expense has not been demonstrated, and so the costs application is refused.
JP Sargent
INSPECTOR
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