Single storey side extension, two storey rear extension and front dormer extension
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Extensions
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 June 2020
by Rory MacLeod BA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 03 July 2020
Appeal Ref: APP/V2255/D/19/3237548
35 Hartlip Hill, Sittingbourne, Kent ME9 7NZ
• 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 & Mrs Daniel Parker against the decision of Swale Borough
Council.
• The application Ref 19/502505/FULL, dated 7 May 2019, was refused by notice dated
1 July 2019.
• The development proposed is a single storey side extension, two storey rear extension
and front dormer extension.
Decision
1. The appeal is allowed, and planning permission is granted for a single storey
side extension, two storey rear extension and front dormer extension at 35
Hartlip Hill, Sittingbourne, Kent ME9 7NZ in accordance with the terms of the
application, Ref 19/502505/FULL, dated 7 May 2019, subject to the following
conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: “Site Plan” and “Proposed Plans and
Elevations”.
3) The external surfaces of the development hereby permitted shall be
constructed in the materials shown on the plan “Proposed Plans and
Elevations”.
Main Issue
2. The main issue is the effect of the proposal on the living conditions of occupiers
of adjoining dwellings.
Reasons
3. The appeal relates to a detached, two storey dwelling located on the southern
side of the road. It forms part of a ribbon of development along this stretch of
the A2 outside of built up settlement boundaries. There is variety in the size,
design and siting of neighbouring dwellings.
4. The proposed two storey rear extension would extend across the full width of
the house replacing a conservatory. According to the plans, its depth would be
4m to both floors, with two hipped pitched roofs over with a central valley.
Appeal Decision APP/V2255/D/19/3237548
2
5. To the east of the site is 33 Hartlip Hill, a detached two storey house with a
single storey side extension up to the boundary with no.35, and a high
boundary wall and a pergola with climbing plants beyond this. The rear wall to
no.33 is set beyond that of no.35 by about 0.3m; this would reduce the
apparent depth of the two storey rear extension to about 3.7m. At first floor
level at no.33 there is a rear facing bedroom window that has a small return
section on the flank wall facing no.33. There is a separation of about 3m to the
common boundary and of about 5m between the dwellings. Given this
separation and the southerly orientation, the proposed two storey extension
would not appear unduly oppressive or overbearing from the first floor window,
notwithstanding its depth and mass. The presence of the boundary wall,
pergola and climbing plants would also constrain views towards the extension
from ground floor windows at no.33, thereby limiting its impact on living
conditions.
6. To the west is 37 Hartlip Hill, a detached bungalow, enlarged by a ground floor
rear extension with full height double doors, and a first floor rear dormer.
There is a considerable stagger in the siting of the dwellings with no.37 located
closer to the road. It is also on higher ground. The proposed single storey side
extension would fill the gap between the side elevation to no.35 and the
boundary with no.37 and would have a shallow pitched roof. Its height would
not be substantially greater than that of the present boundary fence. Having
regard to the raised land levels and separation distances, the massing of the
side extension would have a negligible impact on living conditions at no.37.
7. The two storey rear extension would be about 2m from the side boundary to
no.37 and some 8m from the rear window to its extension. The Council refers
to a projection of roughly 13m, but this relates to the main rear elevation
which is largely screened by no.37’s own extension. The proposed two storey
rear extension would be positioned approximately on a 45 degree splay in
outlook from the rear extension and dormer windows at no.37. Considering this
angle of view, the separation distances and changes in land levels, the two
storey extension would not appear oppressive or overbearing.
8. The extensions’ size would be greater than generally encouraged by Policy
DM11 of “Bearing Fruits 2013”, the Swale Borough Local Plan (2017) (SBLP),
relating to extensions to rural dwellings, and by the Council’s Supplementary
Planning Guidance “Designing an Extension”. But in view of the site
circumstances I have described, there would be no significant conflict with
Polices CP4, DM14 and DM16 of the SBLP which collectively seek to ensure that
the design and siting of extensions are appropriate to their context in respect
to materials, scale, height and massing and in protecting residential amenity.
Conclusion
9. The effect of the proposal on the living conditions of occupiers of adjoining
dwellings would be acceptable. For the reasons given, and having regard to all
other matters raised, the appeal is allowed subject to conditions relating to the
life span of the permission, specifying the approved plans and requiring the use
of matching materials.
Rory MacLeod
INSPECTOR
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