Single storey front extension
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Residential Amenity
Character & Appearance
Policy Weight
Inspector’s Reasoning
- Appeal Decision APP/A1910/D/24/3344620
Appeal Decision
Site visit made on 4 September 2024
by A Knight BA PG Dip MRTPI
an Inspector appointed by the Secretary of State
Decision date: 23 September 2024
Appeal Ref: APP/A1910/D/24/3344620
31 Cemetery Hill, Hemel Hempstead , Hertfordshire HP1 1JF
• 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 Mr and Mrs Gary and Aimee Restall against the decision of
Dacorum Borough Council.
• The application Ref is 24/00665/FHA.
• The development proposed is a single storey front extension.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The delegated report is contradictory on whether the proposal conflicts with
the development plan and causes harm, and recommends approval whilst
providing reasons for refusal. Ultimately, the Council has issued a decision
notice containing a reasoned refusal, against which the appeal was made . I
have taken the decision notice as presenting the Council’s position,
therefore.
Main Issues
3. The main issues are the effect of the proposed development on;
• the character and appearance of the appeal site and local area, and;
• the living conditions of the occupants of 29 Cemetery Hill (No29) with
particular reference to light and outlook.
Reasons
Character and appearance
4. The appeal site sits at the top end of a steeply sloping residential street. The
appeal property is a semi-detached house with a gable end and a prominent
frontwards projection incorporating a ‘catslide’ roof. It has a strong degree of
symmetry to its attached neighbour, 33 Cemetery Hill (No33) emphasized by
a continuous roof slope across the two. This symmetry provides both semis
with visual balance and a sense of architectural completeness.
- Appeal Decision APP/A1910/D/24/3344620
5. The appeal property is one of a row of six of the same design. They have a
strong degree of uniformity and are unlike any others nearby ; this binds
them together as a distinct group. The rest of the street is characterised by
equally distinct groups of buildings, identifiably the result of separate
developments over time. Each is quite different visually to the others, but
most display strong levels of uniformity within their group. As a result, whilst
the street has a mix of building types it nevertheless has a coherent
character, derived from the uniformity within groups of buildings, each
resulting from different phases of its development.
6. The appeal scheme includes a recess in to the existing catslide roof, allowing
a larger window. A front extension is also proposed. The window recess
would be a sufficiently modest alteration to the form and extent of the
existing roof as not to harm the character and appearance of the appeal
property. However, in extending the existing ‘catslide’ roof and front
projection to the side, t he appeal proposal would erode the symmetry
between the appeal property and No33, significantly injuring the current
visual balance. Its height and width would combine with its location at the
front of the property to make it highly prominent in the street. This in turn
would harmfully undermine the uniformity and cohesion of the group of six
homes the appeal property is part of and, by extension, weaken the
contribution the group makes to the street.
7. I have been provided with Saved Appendix 7 of the Dacorum Borough Local
Plan (2004) (the Local Plan) although what policies it was appended to and
the status it should have in isolation have not been made clear.
Nevertheless, the proposal adheres to the Appendix by matching the existing
roofline, not going beyond the existing outermost front and side walls of the
appeal property, using materials and detailing to match the existing, and
leaving enough space to the front and side to avoid a terracing effect.
However, the Appendix also requires that “if a row of houses of uniform
design and building line forms an attractive group in the street scene, then
extensions should not detract from this group effect”. That accords with my
finding in the preceding paragraph, a view that I would have arrived at on
the facts, regardless of Appendix 7.
8. I appreciate that permission has been granted at appeal 1 for a scheme
including the same recessed window detail as in the appeal proposal, as well
as a smaller front extension. As such, a reduction in the degree of symmetry
between the appeal property and No33 has already been found acceptable.
Nevertheless, and whilst I have found the window recess acceptable, the
approved extension is smaller, shorter, and more subservient to the existing
appeal property than the extension contained in the appeal proposal. As
such, it would not fundamentally undermine the symmetry between the
appeal property and No33, or the uniformity of the row of six houses, in the
way the appeal proposal would . The last appeal decision does not justify the
current proposals, therefore.
1 APP/A1910/D/23/3319252
- Appeal Decision APP/A1910/D/24/3344620
9. For the reasons set out above, the proposal would harm the character and
appearance of the appeal site and local area and, as such , it conflicts with
Policies CS11 and CS12 of the Core Strategy (2013) where they require
development to enhance general character and integrate with the
streetscape.
10. Whilst the decision notice does not refer to Appendix 7 , both parties have
cited it in their submissions. As set out above, the proposal would conflict
with the requirements of Saved Appendix 7 of the Dacorum Borough Local
Plan (2004).
Living conditions
11. In relation to the proposed extension, t he nearest window is in the ground
floor, front elevation at No29 (the window). It serves a habitable room, and
the proposed extension would infringe upon a 45-degree angle line taken
from it. The window is already prevented from receiving direct sunlight by a
combination of its north-facing aspect and the front projection at No29, but
it nevertheless benefits from diffuse natural light . It is the only source of
natural light to the room it serves.
12. The appeal proposal would introduce built development which, at its tallest,
meets the eaves of the main roof of the appeal property and, at its furthest,
meets the frontmost wall. Though the extension would reduce downwards
towards the front, it would be a substantial addition which, due to its height
and proximity to the boundary, would harmfully reduce the amount of diffuse
light to the window at No29.
13. The outlook to the northwest from the window at No29 currently includes
views of the sky and the far side of the street, obtained in part over the
existing catslide roof of the appeal property. This is particularly important to
amenity levels in No29 as the front projection of that property severely
hinders eastward outlook. Through its height and proximity to the boundary,
the appeal proposal would severely impinge upon north-westerly outlook,
and create a pronounced sense of enclosure for No29. This would be
exacerbated by the appeal property occupying higher ground .
14. The proposed extension would be substantially taller than the existing
boundary fence between the appeal site and No29 and, as such, introduce
substantial reductions in light and outlook over and above any associated
with the fence.
15. For the reasons set out above, the proposal would harm the living conditions
of the occupants of No29 with particular reference to light and outlook . As
such, it conflicts with Polic y CS12 of the Core Strategy (2013) wh ich requires
development to avoid visual intrusion and loss of daylight to surrounding
properties.
Other Matters
16. I note the appellant’s frustration that discussions over alternative designs
were not pursued. That is not a matter for m e to consider and I have
assessed the appeal scheme on its merits .
- Appeal Decision APP/A1910/D/24/3344620
Conclusion
17. The proposal conflicts with the development plan and the material
considerations do not indicate that the appeal should be decided other than
in accordance with it. The appeal should be dismissed.
A Knight
INSPECTOR
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