Single storey ground floor wrap around extension with part pitched part flat roof. Garage rebuilt in a more forward position
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Residential Amenity
Character & Appearance
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Inspector’s Reasoning
Appeal Decision
Site visit made on 21 May 2024
by J Davis BSc (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 12 June 2024
Appeal Ref: L5810/D/24/3342654
101 Burtons Road, Hampton Hill, Richmond Upon Thames, TW12 1DL
• 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 James Clarke and Alexandra Clarke against the decision of the
Council of the London Borough of Richmond Upon Thames.
• The application Ref 23/3226/HOT, dated 4 December 2023, was refused by notice dated
24 January 2024.
• The development proposed is single storey ground floor wrap around extension with
part pitched part flat roof. Garage rebuilt in a more forward position.
Decision
1. The appeal is allowed and planning permission is granted for a single storey
ground floor wrap around extension with part pitched part flat roof. Garage
rebuilt in a more forward position at 101 Burtons Road, Hampton Hill,
Richmond Upon Thames, TW12 1DL in accordance with the terms of the
application, Ref 23/3226/HOT, dated 4 December 2023, subject to the
following conditions:
1) The development hereby permitted shall begin not later than 3 years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: Site Location Plan; BUR_HPE REV A;
BUR_HPP REV B; BUR_HPPE REV A; and BUR_SITE REV A.
3) No new external finishes, including fenestration and works of making
good, shall be carried out other than in materials to match the finishes of
the existing building.
4) The development must be carried out in accordance with the provisions
of the Fire Strategy Document prepared by Woodrow Vizor Architects
received by the Council on 4 December 2023, unless otherwise approved
in writing by the Local Planning Authority.
Main Issue
2. The main issue is the effect of the proposal on the living conditions of the
occupiers of 99 Burtons Road, with particular reference to outlook.
Appeal Decision APP/L5810/D/24/3342654
2
Reasons
3. The appeal concerns a two storey detached dwelling located within a road
which is mixed in terms of its character and appearance.
4. The proposed ground floor extension would extend to the side and rear of the
existing dwelling and would have a part pitched, part flat roof. A garage would
be rebuilt in a more forward position.
5. The Council’s refusal reason relates solely to the effect of the proposal on the
living conditions of the occupiers of 99 Burtons Road, with reference to visual
intrusion. No 99 is a two storey dwelling which has also been significantly
extended, including a single storey wrap around extension.
6. The appeal property has an existing single storey rear projection adjacent to
the boundary with No 99 which has a depth of about 2.3m. This projection
would be demolished and the part of the extension adjacent to the boundary of
No 99 would have an overall depth of around 6.35m.
7. The Council’s Supplementary Planning Document – House Extensions and
External Alterations (2015) (SPD) advises that in respect of detached houses,
the effect of a single storey extension is usually acceptable if the projection is
no further than 4m. It also acknowledges that the final test of acceptability will
depend on the particular circumstances of the site.
8. The proposed extension would exceed 4m guidance set out in the SPD.
However, there are other considerations in this case. The closest part of
99 Burtons Road to the boundary of the appeal site appears to be a timber
lean-to structure, with the main habitable room windows serving the dwelling
located further away from the boundary with the appeal site. I therefore concur
with the Council that the proposed extension would not result in any significant
harm in terms of the amount of light received by windows on the rear elevation
of No 99.
9. The part of the proposed extension closest to the boundary with 99 Burtons
Road would have a height ranging from about 3.6m at the top of the mono
pitched roof, sloping down to a flat roof section with a height of around 3.1m.
The proposed extension would not be visually prominent when viewed from
habitable room windows within No 99 as these are located some distance from
the side boundary.
10. The extension would be visible from the rear garden of No 99, including from
the patio area immediately to the rear of the dwelling. However, the extension
would be of a relatively modest height and would be set in from the boundary
with No 99 by about a metre which would further help to reduce its visual
prominence. Furthermore, the extension would be partly screened by the
existing fence and planting within the garden of No 99 as well as that within
the appeal site. No 99 also has a relatively large garden, most of which would
be unaffected by the proposed development. Having regard to the above
factors, I consider, as a matter of judgement, that the proposed extension
would not be visually intrusive or overbearing on the rear garden of No 99 and
accordingly, would not lead to an unacceptable sense of enclosure.
11. I therefore conclude that the proposal would not have a harmful effect on the
living conditions of the occupiers of 99 Burtons Road with particular reference
to outlook. Accordingly, I find that the proposal would comply with Policies LP8
Appeal Decision APP/L5810/D/24/3342654
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and LP39 of the London Borough of Richmond Upon Thames Local Plan (2018).
Together these policies require all development to protect the amenity and
living conditions for occupants of new, existing, adjoining and neighbouring
properties and seek to ensure that proposals are not visually intrusive or have
an overbearing impact as a result of their height, massing, or siting, including
through creating a sense of enclosure.
Conditions
12. I have had regard to the Council’s suggested a list of planning conditions in the
event that this appeal was to be allowed.
13. In addition to the standard implementation condition, the approved plans
condition is imposed for certainty. A condition controlling the use of materials is
necessary to protect the character and appearance of the dwelling and the local
area. I shall also impose a condition requiring the implementation of the Fire
Safety.
14. The Council suggest a condition restricting the use of the roof of the extension.
However, due to the pitched roof design of the parts of the extension which
would abut the existing dwelling, I consider such a condition to be
unnecessary. Whilst the Council suggest a landscaping and tree planting
condition, this condition is not reasonable or necessary given the limited
existing amenity value of the coniferous shrub to be removed.
Conclusion
15. For the reasons given above I conclude that the appeal should be allowed.
J Davis
INSPECTOR
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