Extensions and alterations to form a first floor; two rooflights to the front roofslope and one rooflight to each side elevation; part two-storey rear extension with Juliet balcony to the rear elevation (first floor) and fenestration alterations to the entire property
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Character & Appearance
Residential Amenity
Extensions
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/19/3237822
54 Embry Way, Stanmore HA7 3AZ
• 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 Mrs Fiona Chan against the decision of the Council of the London
Borough of Harrow.
• The application Ref P/2098/19, dated 7 May 2019, was refused by notice dated 3 July
2019.
• The development proposed is extensions and alterations to form a first floor; two
rooflights to the front roofslope and one rooflight to each side elevation; part two-storey
rear extension with Juliet balcony to the rear elevation (first floor) and fenestration
alterations to the entire property.
Decision
1. The appeal is allowed and planning permission granted for extensions and
alterations to form a first floor; two rooflights to the front roofslope and one
rooflight to each side elevation; part two-storey extension with Juliet balcony to
the rear elevation (first floor) and fenestration alterations to the entire property at
54 Embry Way, Stanmore HA7 3AZ, in accordance with the terms of application
Ref: P/2098/19, dated 7 May 2019, and 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:
Drawing No: 540519/1 – ‘Ground Floor and Roof Plan – Existing’;
Drawing No: 540519/2 – ‘Elevations – Existing’;
Drawing No: 540519/3 – ‘Ground Floor & Loft Plan – Proposed’;
Drawing No: 540519/4 – ‘Elevations – Proposed’;
Drawing No: 520519/5 – ‘Site Plan’; and
Drawing No: 540519/6 – ‘Location Plan’.
3) The materials to be used in the construction of the external surfaces of the
development hereby permitted shall match those used in the existing building.
Procedural Matter
2. From the submitted drawings, I note that the drawing marked ‘Site Plan’ showing
the plot and dwelling with the proposed rear extension, has a Drawing Number
printed as 520519/5. However, this is stated in Section 5 of the application form
as ‘Site Plan’ with a Drawing Number 540519/5. Based on the submitted plans and
evidence, due to the nature and limited content of the drawing in question in terms
Appeal Decision APP/M5450/D/19/3237822
2
of detail relating to the proposal, I find that this anomaly is not so significant as to
affect my Decision. As such, in order to rectify this discrepancy, I have referred to
the Drawing number printed on the submitted drawing within Condition 2 above.
Main Issue
3. The main issue is the effect of the proposed development on the character and
appearance of the host property and surrounding area.
Reasons
4. The appeal property is located at the head of a cul-de-sac and occupies an
elevated position above nearby properties within Embry Way. These properties are
predominantly single storey. However, several properties have been altered and
extended to accommodate an upper floor as denoted by rooflights within the front
roofslope, visible from the public highway.
5. The Council states that whilst some properties have been extended in the local
area, these extensions appear subordinate to the original properties and are
proportionate in scale. As such, these extensions have no detrimental impact on
their properties and in terms of the character and appearance of the locality. From
what I have seen and read, I find that the proposed development in this case
would similarly have no substantive adverse impact.
6. When viewed from the public highway, I note that the only discernible difference in
the appearance of the front elevation of the property is the insertion of two
rooflights into the front roofslope. Whilst these would introduce a visual change to
the appearance of the property, I find that this would not significantly impact on
the character of the property or the area. This is supported by the presence of
several nearby properties with similar rooflights within their front elevations. As
such, I consider rooflights to be an acceptable feature in the local streetscene and
therefore find the effect of the proposal on its locality in this regard to be limited.
7. From the evidence, I find that the proposal has been designed in such a way as to
minimise its visual impact on the public realm and wider locality. The most
significant changes in the character and appearance of the host property would
occur at the rear. The introduction of an upper floor window and Juliet balcony
increases the visual impact and dynamic of the property when viewed from the
rear. Nonetheless, I find that the design of the scheme maintains the extent and
form of the existing roofslopes when viewed directly from the front and the rear.
The increased extent of the property in terms of size, bulk and mass is more
apparent when viewed from the sides, from the south east and north west.
However, from my observations at the site, I find that this increase would not be
substantively harmful in terms of the character or appearance of the property.
8. The greatest visual impact of the proposal would also be at the rear of the host
property. Whilst its appearance would be altered substantially in terms of
introducing a firs floor elevation, I find that the proposed development would not
be excessive in terms of its rear extension. Nor would it appear overly
disproportionate and incongruous to the original building. I accept that when
viewed from the north west, the proposal would appear slightly awkward and at
odds with its host property. However, taking account of views from several other
points around the property, the resulting visual harm would be limited. Moreover,
I consider the rear of the host property to be in a reasonably secluded location
mostly due to the topography of the local area but also given the presence of
established and mature tree and hedge planting which is evident along the
boundaries of the appeal property.
Appeal Decision APP/M5450/D/19/3237822
3
9. The proposal would alter the appearance of the host property to an extent when
viewed from certain limited vantage points. Notwithstanding this, I find that its
impact on the character of the host property and the surrounding area would be
limited. In addition, the impact of the proposal would be mitigated further as the
materials proposed for the external surfaces of the appeal scheme could be
matched to those of the existing host property. Therefore, based on all before me
with regard to this matter, I find that the proposed development would be an
acceptable and proportionate addition to the host property and would not appear
excessive or awkward in its context.
10. Consequently, I conclude that the proposed development would have no significant
adverse effect on the character or appearance of the host property or surrounding
area. Therefore, it would comply with Policy CS1.B of the Harrow Core Strategy
(CS), Policy DM1 of the Harrow Development Management Plan (DMP), the
Council’s Residential Design Guide (RDG) and Policies 7.4B and 7.6B of the London
Plan 2016 (LP).
Other Matters
11. I note concerns raised regarding the impact of the proposal on the privacy of
neighbouring occupiers of surrounding properties, particularly with regard to the
first floor window and the Juliet balcony. However, from what I have seen and
read, due to the separation distances involved, the topography of the locality and
angled relationship between the host property and nearest dwellings on Adelaide
Close, I find that there would be no significant adverse impact with regard to
overlooking or a loss of privacy for nearby occupiers due to the proposed scheme.
12. I have also had regard to other amenity concerns which, it is argued, would result
from the proposed development. Taking account of the evidence before me, my
observations at the site and noting the Council’s assessment of these other
matters, I have seen nothing to lead me to take a differing view from the Council.
As a result, I give only limited weight to such matters as material considerations.
Conditions
13. In addition to the standard conditions relating to time and the approved plans, I
have attached a further condition regarding matching materials or external
surfaces to those of the host property. I consider this condition to be necessary
and reasonable for reasons of character and appearance.
Conclusion
14. For the above reasons, and having had regard to all other matters raised, I
conclude that the appeal should succeed.
A McCormack
INSPECTOR
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