For a part single storey part two storey rear extension to replace existing, addition of oak frame front porch, replacement glazing to existing front bay window and replacement of existing windows to front and rear
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Residential Amenity
Character & Appearance
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 January 2025
by J E Jolly BA (Hons) MA MSc MCIH MRTPI
an Inspector appointed by the Secretary of State
Decision date: 13th January 2025
Appeal Ref: APP/Y9507/D/24/3349118
21-23 East End Lane, Ditchling, East Sussex BN6 8SX
• 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 and Mrs Hill against the decision of South Downs National
Park Authority.
• The application Ref is SDNP/24/01227/HOUS.
• The development proposed is for a part single storey part two storey rear extension to
replace existing, addition of oak frame front porch, replacement glazing to existing front
bay window and replacement of existing windows to front and rear.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. For certainty and clarity, I have used the description of development given on
the Council’s decision notice.
3. The National Planning Policy Framework (the Framework) was revised on 12th
December 2024. However, I am satisfied that any changes to the Framework
have not prejudiced any party in this case.
4. Consequently, in reaching my decision I have therefore had regard to the new
Framework published in December 2024, and any reference to Paragraph
numbers are to this version.
Main Issues
5. The main issues in this appeal are:
• whether the proposal would preserve or enhance the character and
appearance of the Ditchling Conservation Area (CA); and
• the effect of the proposal on the living conditions of neighbouring
occupiers.
Appeal Decision APP/Y9507/D/24/3349118
2
Reasons
Character and appearance
6. The appeal site is located in the CA to the northern side of East End Lane. The
host dwelling is a terraced, two-storey white rendered, traditional style
dwelling with a garden to the front that has a small extension within the patio
area to the rear of the dwelling.
7. The built form to the rear of the properties on this section of East End Lane is
characterised by pocket garden spaces that are relatively unfettered other than
small, rear boundary outbuildings to the west of the appeal site and the modest
single-storey extension and structures associated with the host dwelling.
8. Therefore, while the gardens are relatively compact, a sense of spaciousness is
maintained in the surrounding built form, which includes ancillary dwellings at
a higher level on East Gardens that can be seen beyond the rear boundary
treatments.
9. Even though the proposal would be in the CA, the general principal of extension
type development to the rear of the host dwelling has been accepted by the
Council, particularly as it would not be seen from public views. Moreover, that
the materials of the proposal, including those to the front of the dwelling,
would accord with the surrounding built form.
10. However, notwithstanding that the proposed development would be less than a
30% addition to the host dwelling and that there is a generous garden space to
the front, the fact remains that the development would be of some scale and
mass that would extend across most of the rear garden. Consequently, the
bulky extension would be cramped on the host garden space and appear as an
alien addition to the patio type area.
11. In addition, the Council has concluded that the scale of the oak porch and new
fenestration to the front of the dwelling would result in ‘less than substantial
harm’ to the CA. Indeed, while noting the landscaping to the front of the host
dwelling, I see no reason to disagree.
12. Overall, I conclude that the proposal would fail to preserve or enhance the CA
and harm the character and appearance of the area.
13. Accordingly, the proposal would not meet the aims of Policies SD4, SD5 and
SD31 of the South Downs Local Plan 2014-2031 (2019) (SDLP) as supported
by Policy CONS 2 of the Ditchling, Streat and Westmeston Neighbourhood
Development Plan (2018), which says that development will only be permitted
where it utilises architectural design which is appropriate and sympathetic to its
setting in terms of height, massing, density, roof form, materials, night and
day visibility, elevational and, where relevant, vernacular detailing.
Living conditions
14. The part two-storey proposal would extend beyond the existing extension
across the full width of the host garden and form a new boundary treatment
with No 19 East End Lane. It would also be in close proximity to the rear
boundary with No 6 East Gardens.
Appeal Decision APP/Y9507/D/24/3349118
3
15. As such, the immediate outlook from No 19 would be onto the relatively high
and blank rendered elevation of the development. No 6 would look on to the
entirety of the development from its elevated position. Therefore, the
immediacy and the considerable height and bulk of the new development would
create a sense of enclosure in this garden location and harm the outlook of the
occupiers of No 19 and No 6. Furthermore, whether the proposal meets the
requirements of the ‘45-degree line’ for light or not, given the solar path, due
to the proximity and relative height of the proposal it is likely that it would
overshadow parts of the neighbouring garden spaces at certain times of the
day and throughout some periods of the year.
16. I conclude therefore, that the proposal would harm the living conditions of
neighbouring occupiers.
17. It follows then, that the proposal would be contrary to Policies SD5(k) and
SD31(1c) of the SDLP which say, amongst other things, that development
proposals should not be overbearing or of a form which would be detrimental to
the amenity of nearby residents by virtue of loss of light and/or privacy.
Other Matters and Planning Balance
18. The Grade II listed building known as ‘Bewers’ (11 East End Lane) is found to
the southwest of the host dwelling and there are other listed buildings on East
End Lane. However, as the proposed development would be predominantly to
the rear of the host dwelling its’ effect on those dwellings would be neutral.
19. Paragraph 212 of the Framework states that great weight should be given to a
heritage asset’s conservation. I have found that the proposed development
would fail to preserve or enhance the character and appearance of the area,
including the CA. In accordance with the Framework, I am required to assess
the extent of such harm. I found that the harm to the CA would be ‘less than
substantial’. Where a development proposal will lead to less than substantial
harm to the significance of designated heritage assets, Paragraph 214 of the
Framework is clear that this harm should be weighed against the public
benefits of the proposal.
20. As such, there would be some economic benefits associated with the
modernisation of the host dwelling. As these would be short term, I attribute
this limited weight. There would also be a wildflower/green roof associated with
the dwelling. However, as these environmental benefits would be small scale, I
afford this minimal weight in the planning balance.
21. Subsequently, even in combination these matters do not outweigh the
substantial harm I have found above to the character and appearance of the
area and the CA.
Conclusions
22. The proposal would harm the character and appearance of the area and the
CA, and as there are no material considerations of sufficient weight to indicate
that a decision should be made other than in accordance with the development
plan and the Framework, I conclude that the appeal should be dismissed.
J E Jolly
INSPECTOR
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