Erection of the first floor and restructuring of the roof, demolition of the rear conservatory and replacement of the rear ground floor extension, ground floor extension of part east elevation, where the current steps are, ground floor alterations to north, east and west elevations, erection of disabled access ramp and replacement of an existing shed
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 12 November 2024
by F Harrison BA(Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 2 December 2024
Appeal Ref: APP/L5810/D/24/3342010
Tideway, Eel Pie Island, Twickenham, Richmond upon ThamesTW1 3DY
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
• The appeal is made by Ms Carmel Morrissey against the decision of the Council of the
London Borough of Richmond Upon Thames.
• The application Ref is 23/1703/HOT.
• The development proposed is the erection of the first floor and restructuring of the roof,
demolition of the rear conservatory and replacement of the rear ground floor extension,
ground floor extension of part east elevation, where the current steps are, ground floor
alterations to north, east and west elevations, erection of disabled access ramp and
replacement of an existing shed.
Decision
1. The appeal is allowed and planning permission is granted for the erection of
the first floor and restructuring of the roof, demolition of the rear conservatory
and replacement of the rear ground floor extension, ground floor extension of
part east elevation, where the current steps are, ground floor alterations to
north, east and west elevations, erection of disabled access ramp and
replacement of an existing shed at Tideway, Eel Pie Island, Twickenham,
Richmond upon Thames TW1 3DY in accordance with the terms of the
application, Ref 23/1703/HOT, subject to the conditions in the
attached schedule.
Main Issue
2. The main issue is the effect of the proposal on the character and appearance
of the area, bearing in mind that it would be within the Twickenham Riverside
Conservation Area (TRCA).
Reasons
3. Tideway is a detached bungalow located on Eel Pie Island, a private island in
the River Thames accessed by a footbridge. Despite the general harmony of
Tideway and the bungalows either side, they are not uniform in design or
appearance. The appeal site is surrounded by a mix of property types and
styles, and it is this variety that creates a sense of place and contributes
positively to the character and appearance of the southern bank of the island.
4. The appeal site falls within the TRCA. From my observations and the TRCA 8
Statement, the significance of the conservation area, insofar as is relevant to
this case, is primarily derived from its rich and varied townscape with an
eclectic mix of residential development which describes the island’s piecemeal
Appeal Decision APP/L5810/D/24/3342010
2
and organic growth. The appeal property with its ‘quirky’ rounded projection
and turrets contributes positively to the TRCA.
5. The addition of a first floor and restructuring of the roof would increase the
scale and massing of the property, however, in views from the towpath along
the south bank of the River Thames the proposal would not be uncharacteristic
of the surrounding properties which are a mix of single and two storey
dwellings. Rather, the increased height would be seen in the context of
existing two storey properties and as such, the scale of the proposal would not
be prominent or incongruous. Furthermore, given the varied roofscape along
the southern bank of the island the proposed roof form would not be jarring
and would add to the visual interest of the appearance of the area. The
proposal would therefore be in line with the overarching aims of the House
Extensions and External Alterations Supplementary Planning Document (2015)
and the National Planning Policy Framework (the Framework) which seek
carefully designed extensions and high-quality well-designed places.
6. It is for these reasons that the proposed development would not be
conspicuous when viewed in context with the nearby building of townscape
merit known as The Sycamores. I note the Council raised no concerns in this
regard either. While the overriding building form is single storey to the north
of the central footpath, the increase in height at the appeal site would not be
overtly discernible from views from either the footpath, The Embankment or
on the footbridge. As result, no harm would arise to the character and
appearance of the townscape of the northern bank of the island.
7. The quirky appearance of the rear elevation would be lost, nevertheless the
proposed gable features would be characteristic of the riverside elevations of
the surrounding properties. The proposal would add to the variety of
properties within the TRCA, maintaining the positive contribution the appeal
site makes to the eclectic qualities of the area. It therefore follows that the
contribution the appeal site makes to the character and appearance of the
TRCA as a whole would be preserved and its significance as a designated
heritage asset would not be harmed. Consequently, the proposal would meet
the requirements of section 72(1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990 and the provisions of the Framework to
conserve and enhance the historic environment.
8. Overall, the proposal would not be unduly harmful to the character and
appearance of the area and would preserve the TRCA and its significance, in
accordance with Policies LP1 And LP3 of the Local Plan (2018) (LP). These
policies, amongst other things, require development proposals to conserve the
high-quality character and heritage of the borough through an understanding
of how it relates to its existing context.
9. On the decision notice the Council also refers to Policies 28 and 29 of the
publication draft Richmond Local Plan (2023). This plan has not been subject
to an examination process to determine its soundness, and I have no clear
information in relation to any unresolved objections. As such these emerging
policies attract limited weight and have not been determinative in this appeal.
Other Matters
10. Despite the relatively large, glazed area at first floor level, given the
orientation of the property and the position of these proposed windows any
Appeal Decision APP/L5810/D/24/3342010
3
views into the gardens of Run Softly and The Sycamores would be oblique,
and no unacceptable harm would arise to the neighbouring occupiers living
conditions as a consequence. Similarly, while there is a sensitive relationship
between the appeal property and Run Softly given the limited separation
distance, I have no clear reason to disagree with the conclusions of the
Daylight and Sunlight Assessment (2023), which demonstrates that the
amount of daylight and sunlight reaching this property would be within the
acceptable limits set out within the recognised guidelines. Therefore, overall,
the proposal would not harm the reasonable enjoyment of the neighbouring
properties or gardens, as required by Policy LP8 of the LP.
Conditions
11. A plans condition is imposed for certainty however it is not necessary to
include the fire strategy plans as these are covered in another condition. To
protect air quality a condition relating to non-road mobile machinery is
imposed and in the interest of protecting the character and appearance of the
area a hard and soft landscaping condition is imposed. For the same reason I
also impose a materials condition.
12. A condition is imposed to prevent the use of the flat roof as a balcony in the
interest of protecting the living conditions of the occupiers of Run Softly and
The Sycamores. However, given that the plans show that the proposed roof
lights would be 1.7m above finished floor level no harm would arise to the
privacy of these neighbouring occupiers and so a condition on this matter is
not required. A condition is imposed to require the development is carried out
in accordance with the fire safety strategy and plans so that appropriate fire
safety measures are in place.
13. I also impose a condition to ensure that the development is carried out in
accordance with the Arboricultural Impact Assessment, Method Statement and
Tree Protection Plan (2023). Given the scale and extent of the proposal the
submitted method statement is sufficiently detailed and so it is not necessary
to impose a condition to require the submission of another method statement.
14. There is no substantive evidence that a construction ecological management
plan is required, however, to protect and enhance biodiversity I have imposed
a condition requiring that the development is carried out in accordance with
the Preliminary Ecology Appraisal which includes reference to lighting during
the construction phase to protect bats. This condition also covers ecological
mitigation measures and so a separate condition is not necessary. I also
impose a condition relating to external lighting to protect biodiversity.
Conclusion
15. For the reasons given above, the proposal accords with the development plan,
read as a whole. There are no material considerations that indicate that I
should take a decision otherwise than in accordance with it. Therefore, I
conclude that the appeal should be allowed.
F Harrison
INSPECTOR
Appeal Decision APP/L5810/D/24/3342010
4
Conditions
1) The development hereby permitted shall begin not later than three years from
the date of this permission.
2) The development hereby permitted shall be carried out in accordance with the
following approved plans: OS Plan 22-004 PL-001; Area Calculations 22-004
PL-400; Topographical Survey 2460_01 A; Existing and Proposed Site Plans 22-
004 PL-002- A; Existing and Proposed Ground Floor Plans 22-004 PL-003-A;
Existing and Proposed First Floor Plans 22-005 PL-004-A; Existing and
Proposed Roof Plans 22-004 PL-005-A; Existing and Proposed East Elevations –
Looking from The Sycamores 22-004 PL-021-A; Existing and Proposed West
Elevations Looking from Run Softly 22-004 PL-023-A; Existing and Proposed
South Elevations and Sections 22-004 PL-30; Flood Plain: Area Calculations 22-
004 PL-500-A; Existing and Proposed Ground Floor Plans: Demolition Plan 22-
004 PL-600; Existing Surface Areas – Existing and Proposed North and South
Elevations 22-004 PL-601; and Existing Surface Areas – Existing and Proposed
East and West Elevations 22-004 PL-602.
After commencement
3) No non-road mobile machinery (NRMM) shall be used on site unless it is
compliant with Stage IIIB of EU Directive 97/68/E (or any superseding
requirements) and shall be on the NRMM registered (or any superseding
register). Such NRMM must be run on ultra-low sulphur diesel, which meets the
specification within BS EN 590 (or any superseding standard).
4) 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,
except where other materials have been shown on approved plans Existing and
Proposed East Elevations – Looking from The Sycamores 22-004 PL-021-A;
Existing and Proposed West Elevations Looking from Run Softly 22-004 PL-023-
A and as set out in Section 11 of the Heritage, Design and Access Statement.
5) The green roof shown on the approved Existing and Proposed Roof Plans 22-
004 PL-005-A shall not be used for any purpose other than as a means of
escape in emergency or for maintenance of the building.
6) The development hereby permitted shall be carried out in accordance with
Section 4 and Appendix 4 of the Arboricultural Impact Assessment, Method
Statement and Tree Protection Plan, dated 12 January 2023, by PJC
Consultancy Ltd.
7) The development hereby permitted shall be carried out in accordance with the
Fire Safety Strategy by Marguerite Murdock Architects, Fire Strategy Proposed
Site Plan 22-004 PL-300 and Fire Strategy Proposed Ground and First Floor
Plan 22-004 PL-301.
Prior to occupation
8) The development hereby permitted shall be carried in out accordance with the
recommendations set out in Section 5 of the Preliminary Ecology Appraisal,
dated 2 November 2023, by PJC Consultancy Ltd, including the mitigation
measure in relation to lighting outlined in paragraph 5.3.4, and the ecological
enhancements set out in paragraph 5.4.1. The enhancements shall be
implemented prior to occupation in accordance with a scheme that shall first
Appeal Decision APP/L5810/D/24/3342010
5
have been submitted to and agreed in writing by the local planning authority,
and thereafter maintained as such.
9) Prior to the occupation of the development hereby permitted, a scheme of hard
and soft landscaping works shall be implemented, that will have first been
submitted to and agreed in writing by the local planning authority.
10) Details of any external lighting shall be submitted to and approved in writing by
the local planning authority, which shall be in accordance with CIBSE Guide
LG6 and ILP/BCT Bat Guidance Note 8. The lighting shall be installed in
accordance with the approved details prior to the occupation of the
development and thereafter maintained as such.
***End of Conditions***
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