Erection of two storey side and rear extensions
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Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 August 2024
by G Roberts BA (Hons) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 27 August 2024
Appeal Ref: APP/D1780/D/24/3345664
99 Pinegrove Road, Southampton, SO19 2PP
• 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 Frederick Thomson against the decision of Southampton City
Council.
• The application Ref is 23/01618/FUL.
• The development proposed is erection of two storey side and rear extensions.
Decision
1. The appeal is allowed and planning permission is granted for erection of two
storey side and rear extensions at 99 Pinegrove Road, Southampton, SO19
2PP, in accordance with the terms of the application, Ref. 23/01618/FUL, dated
12 December 2023, and subject to the conditions listed below:
1) The development hereby permitted shall begin before the expiration of
three years from the date of this permission.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: 04/Rev.D (Existing plans and
elevations); 05/Rev.D (Side elevation, roof plan, block plan and section).
3) The external surfaces of the development hereby permitted shall be
constructed in materials to match existing or otherwise be as listed in
section 10 of the application form.
Main Issues
2. The main issues are the effect of the proposed development on: (a) the
character and appearance of the host property and surrounding area, and (b)
the living conditions of the neighbouring occupiers of 97 Pinegrove Road.
Reasons
Character and appearance
3. The Council have referred to saved policies SDP1 (Quality of Development),
SDP7 (Context) and SDP9 (Scale, Massing & Appearance) of the City of
Southampton Local Plan Review (March 2015) (SLP) and policy CS13
(Fundamentals of Design) of the City of Southampton Core Strategy (March
2015) (SCS). These seek, amongst other requirements, to ensure that new
development is of a high quality of design, respects its surroundings in terms of
scale, massing, visual impact and built layout, results in no material harm to
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the character and appearance of the area, and contributes to climate change
and the use of sustainable materials and energy efficiency.
4. Whilst these policies pre-date the National Planning Policy Framework
(December 2023) (Framework), a broadly similar approach is set out in
paragraph 135, but it also states that being sympathetic to local character
should not prevent or discourage appropriate innovation or change. This is
reinforced in the National Design Guide (NDG) (2022), for example, at
paragraph 44, by emphasising that well designed places do not need to copy
their surroundings and that it is appropriate for new development to include
innovation and change to reflect how we live today.
5. The Council have also referred to its Residential Design Guide Supplementary
Planning Document (September 2006) (Design SPD). This provides general
advice on new residential development including extensions. Section 2.3.2 of
this guide advises that extensions should be smaller than the main part of the
house and subordinate. It continues by emphasising that an extension that is
to big can look oppressive, unbalance the host and break the continuity of the
streetscene. Although there is no specific guidance on the design and layout of
rear extensions, the guidance for side extensions emphasises the need to
maintain a gap with neighbouring properties.
6. The appeal proposal involves the construction of a ground and first floor rear
extension with a hipped roof. The ground floor extension would be deeper than
the first floor element and the former finished off with a flat roof. The new
extensions would project marginally beyond the main side wall to the host and
would incorporate a flat roofed ground side extension, which appears to have
been the main entrance to the house. At the time of my visit, works on the
ground floor extension were progressing, on the basis, I understand, that the
Appellant considers the majority of these to be permitted development.
7. The appeal site comprises a traditional two storey semi-detached property set
within a spacious plot. The host benefits from a large elongated rear garden,
which is similar to that of its neighbours, 97 Pinegrove Road (No.97) to the
south (the other half of the semi) and 101 Pinegrove Road (No.101) to the
north. The surrounding area includes similar semi-detached properties, but it
notably also comprises a mixture of single storey detached bungalows, chalet
bungalows, detached two storey properties and flats. These properties vary in
terms of their style, scale, form (including roof form), layout and materials. As
such, there is no uniform character or design. A number of these properties
have been altered and extended.
8. Whilst the proposed extensions and hipped roof would result in an increase in
the bulk of the host property at the rear this would not be significant nor
harmful to either the host or to the streetscene. As I observed on site and as
is referred to in the Appellants Grounds of Appeal (GOA), there are numerous
examples of similar two storey side and rear extensions in the road that have
been successfully integrated within the streetscene. There is no evidence
before me to suggest that these extensions have in any way harmed the
character and appearance of the area. On the contrary, they now from part of
the local context and built rhythm of the road. The proposed pallet of
materials, with a mixture of existing materials and white rendered walls, would
further assist in securing a high quality design and provide a contrast between
the original host and new extension.
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9. I accept that there would be a material change to the scale and design of the
rear part of the host property when viewed from the road, but, even so, the
main two storey extension would be set back a considerable distance from the
main front elevation to the host and thus from the road. As with other similar
extensions in the area, the proposal would not introduce a visually dominant or
harmful feature into the streetscene. It would maintain the existing large gap
with No.101 and as such, retain the sense of openness that exists and would
not lead to any terracing effect. The sense of openness would be accentuated
by the fact that the extension would utilise only a small part of an extensive
elongated rear garden.
10. Although it is a large extension, I disagree with the Council and consider that it
would appear subordinate and secure a development that fits in well with the
varied character of its surroundings. As I confirmed earlier, that varied
character includes similar extensions that have not resulted in any harm to the
character and appearance of the area. Moreover, based on the evidence before
me, some of these existing extensions appear to be of a greater depth, scale
and bulk to the appeal proposal. Whilst I note that the proposed roof design
also includes an apex, for the above reasons, I am satisfied that this would not
result in an overly dominant feature. Overall, the proposal would not
unbalance the host or break the continuity of the streetscene and would, in my
view, sit comfortably on the appeal site.
11. Accordingly, I find, for the above reasons, that the appeal proposal would be
compliant with saved polices SDP1, SDP7 and SDP9 of the SLP, policy CS13 of
the SCS, the general advice within the Design SPD and the corresponding
policies of the Framework and NDG.
Neighbours living conditions
12. The Council contend that the proposal would have an overbearing impact and
undue sense of enclosure on the rear garden of the neighbouring property,
No.97. In support, the Council refer to saved policy SDP1 of the SLP, which
seeks to ensure that planning permission for new development does not affect
the amenity of residents. Whilst policy CS13 of the SCS has also been referred
to, it’s unclear to me as to which part of this policy the Council alleges there is
any conflict with. The policy does not appear to include any reference to
protecting neighbours living conditions, but insofar as it seeks to generally
promote amenity I have had regard to it.
13. Reference has also been made to section 2.2.1 of the Design SPD. This advises
that extensions should ensure that access to natural light, outlook and privacy
is maintained for neighbours’ homes and gardens. The Design SPD continues
with reference to the use of the 450 rule in determining the acceptability of new
rear extensions in relation to the habitable windows of neighbouring properties.
Section 2.2.18 also advises, albeit in relation to new buildings but the same
principles should, in my view, apply to new extensions, that buildings on the
boundary to small gardens could have an overbearing impact and dominate
outlook, whereas with larger gardens this is likely to be less of a consideration.
14. I understand from the Appellants GOA that the depth of the first floor element
to the new extension was reduced during the determination of the application
due to concerns raised over the impact on No.97. The GOA also suggest that
the proposed first floor would extend some 2.25 metres from the rear wall of
the single storey part of the outrigger to No.97. As I observed on site, there
Appeal Decision APP/D1780/D/24/3345664
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are no windows in the rear of the first floor to the outrigger of No.97. Whilst
there is a ground floor rear window to the single storey extension, this is
frosted and I understand does not serve a habitable room. In view of this and
as the proposal would be sited north of No.97, there would be no impact on the
sunlight and daylight received by that property. The proposed building
relationship would also be acceptable, not least in that it would comply with the
450 rule, a common test used to assess the acceptability of such relationships.
15. As I also observed on site, the main rear door and windows to No.97 face to
the side and towards its neighbour to the south, 95 Pinegrove Road (No.95) .
They also face onto and provide access to a reasonable expanse of the garden
that sits in between the host and the common boundary with No.95. This area
serves, in my view, as the more immediate private part of the garden to No.97
and would not be affected by the proposal.
16. It was also clear on my visit that the garden to No.97, beyond the proposed
extension, is very well maintained, laid to lawn, with tress and planting. These
parts of the garden include areas of seating where the occupants enjoy the full
benefit of the outlook and privacy provided by the well screened elongated
garden. Again, the proposal would not have any overbearing impact or undue
sense of enclosure on these parts of the rear garden.
17. I accept there would be some impact on the garden immediately to the rear of
the single storey extension to No.97, but this area is currently overgrown and
not maintained to the standard of the remaining garden. Even so, the impact
on this small part of the garden would be limited and it would not be sufficient
on its own to justify the refusal of planning permission. As such, the occupiers
of No.97 would continue to benefit from the outlook, privacy and spaciousness
that they currently enjoy from their elongated garden.
18. Accordingly, I find that the appeal proposal would not lead to any significant
harm to the living conditions of the occupiers of No.97 and would, therefore, be
compliant with saved policy SDP1 of the SLP, policy CS13 of the SCS, the
advice within the Design SPD and paragraph 135 f) of the Framework.
Conditions
19. The Council’s Questionnaire has suggested two standard conditions in relation
to compliance with the approved plans and materials to match existing. I
consider these conditions to be necessary and reasonable in order to secure a
high quality development. However, the application form indicates that the
proposed roof riles and windows would match existing, but that the new walls
would comprise white render. As I confirmed above, this pallet of materials is
acceptable and I have, therefore, reworded the condition accordingly.
Conclusion
20. For the reasons given above and having taken all the matters raised into
account, I conclude that the appeal should be allowed.
G Roberts
INSPECTOR
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