Provision of dormer windows in front and rear roof slope in connection with providing additional rooms in the roof space
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Character & Appearance
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 June 2024
by Elizabeth Lawrence BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date:5th July 2024
Appeal Ref: APP/T2215/D/24/3341044
63 Tile Kiln Lane, Bexley, DA5 2JE
• 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 Godswill Kuranga against the decision of Dartford Borough
Council.
• The application Ref DA/23/01248/FUL, dated 8 November 2023, was refused by notice
dated 3 January 2024.
• The development proposed is described as provision of dormer windows in front and
rear roof slope in connection with providing additional rooms in the roof space.
Decision
1. The appeal is dismissed.
Preliminary matters
2. In April 2024 the Dartford Borough Council’s The Dartford Plan - Dartford
Borough’s Local Plan to 2037 (LP) was adopted. It states at paragraph 1.5 that
the LP replaces all the policies in the Core Strategy 2011 and Development
Policies Plan 2017 (DPP) and the Dartford Local Plan Pre-Submission
(Publication). The Council has confirmed that in relation to the appeal proposal
the relevant policies within the LP include Policies M1 and M10. The appeal has
been determined on this basis.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the host property and the area.
Reasons
4. The appeal site occupies a prominent position adjacent to the junction of Tile
Kiln Lane and Joydens Wood Road.
5. The southern side of Tile Kiln Lane is characterised by individually designed
detached bungalows, chalet and two storey houses that are set back from the
street scene behind mature landscaped gardens. The dwellings are partially
screened from the lane by the abundance of hedges and trees which flank the
lane. On the opposite side of the road are Bexley Park Heath and a football
club. These features all contribute to the informal, verdant and semi-rural
character and appearance of the street scene.
Appeal Decision APP/T2215/D/24/3341044
2
6. Conversely the northern part of Joydens Wood Road is characterised by rows of
uniformly sited and designed semi-detached and terraced two storey houses,
with uncluttered shallow pitched roofs, which hip away from the road. They
are set back from the highway behind modest sized front gardens, which
typically accommodate on-site parking spaces and low level planting. On the
west side of the road is Tile Kiln Lane Green which is an open grassed area with
occasional trees. This results in a more formal suburban character and
appearance.
7. Within Joydens Wood Road some of the chalet style dwellings include pitched
roof dormers on their front elevations. They are at first floor level and align
with the first floor windows of the two storey dwellings. As such they do not
have a material impact on the scale and modest roof form of the two storey
dwellings along this part of Joydens Wood Road and the roof-scape in general.
At the opposite end of Joydens Wood Road are two pairs of semi-detached
houses which have large dormer extensions on their front roof slope. Whilst
they create a small uniform group, due to their height and bulk they are not
reflective of the prevailing roof-scape. There are also a number of large rear
dormer extensions, although they are largely screened from and have minimal
impact on the street scene.
8. The appeal dwelling projects forward of the front building lines of the nearby
dwellings in Joydens Wood Road and its flank elevation is sited close to the
pavement. As a consequence, the rear and side elevations of the appeal
dwelling are prominent in views along Joydens Wood Road and Tile Kiln Lane
Green.
9. Collectively and amongst other things, LP Policies M1 and M10 seek to ensure
that new development responds to, reinforces and enhances positive aspects of
the locality. It should be suitable in terms of height, mass and roof form and
should integrate with the public realm. Extensions should follow the historic
pattern and form and should not be visually intrusive. These policies are
consistent with Paragraph 135 of the National Planning Policy Framework 2023,
which states that new development should be sympathetic to local character,
whilst not preventing appropriate innovation or change.
10. Due to their combined siting, height, depth and mass the proposed dormers
would appear top heavy on the dwelling and would both dominate and
materially detract from its appearance. The resultant roof would be prominent
in views from Joydens Wood Road and Tile Kiln Lane Green, where it would
appear bulky and top heavy. It would be out of keeping with the modest roof-
scape above first floor level. Also, the dormer cheeks would add to the stark
appearance of the right side wall of the host dwelling when viewed from
Joydens Wood Road and Tile Kiln Lane Green.
11. Conversely in views from the east along Tile Kiln Lane, the dwelling would
remain largely screened and would have a minimal impact on the roof-scape,
character and appearance of this part of the lane.
12. Notwithstanding this, the harm it would cause to the character and appearance
of the host dwelling, Joydens Wood Road and Tile Kiln Lane Green would clearly
outweigh the benefits for the appellant and their family that would result from
the additional accommodation. This harm is not a matter that could be
adequately dealt with by condition.
Appeal Decision APP/T2215/D/24/3341044
3
13. For this reason I conclude that the proposed dormer windows would
unacceptably detract from the character and appearance of the host dwelling
and the area. Accordingly, it would conflict with LP Policies M1 and M10.
Elizabeth Lawrence
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.