Construction of a part two storey part single storey rear extension
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Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 19 August 2025 by T Morris BA (Hons) MSc
Decision by A M Nilsson BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 November 2025
Appeal Ref: APP/Z5060/D/25/3367310
59 Western Avenue, Dagenham, Barking and Dagenham RM10 8UD
• 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 Hafuzi against the decision of the Council of the London Borough of
Barking and Dagenham.
• The application reference is 25/00551/HSE.
• The development proposed is construction of a part two storey part single storey rear extension.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Application for Costs
3. An application for costs has been made by the appellant. This is subject of a
separate decision.
Main Issues
4. The main issues are the effect of the proposed development on:
i) the character and appearance of the existing dwelling and the surrounding
area; and,
ii) the living conditions of neighbouring occupiers, in terms of outlook, daylight
and privacy.
Reasons for the Recommendation
Character and appearance
5. The appeal property is a two-storey, end-terraced dwelling which features a gable
roof. Western Avenue mostly features dwellings which are grouped in small
terraces. The terraces are generally consistent in terms of their scale, gable roofs,
as well as window layout and proportions, factors which contribute to a coherent
appearance in the area overall. The rear elevations and the rear roof slopes are
mostly plain and unaltered, with extensions generally limited to the ground floor.
Although there are some two-storey extensions and roof extensions in the area,
Appeal Decision APP/Z5060/D/25/3367310
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these are few and far between and I observed on my site visit that some of these
do not appear to be sympathetic to their original dwellings. Overall, the simple form
and the visual consistency of the dwellings on Western Avenue, including to their
rear elevations, makes a positive contribution to the character and appearance of
the area.
6. Although the hipped roof form of the proposed two-storey rear extension would
reduce some of its bulk, it would fail to reflect the characteristic gable roof form of
the existing dwelling and the vast majority of those on Western Avenue. Moreover,
despite the modest depth and width of the extension, due to its significantly lower
roof ridge height, it would have a somewhat squat appearance in comparison to the
scale of the existing dwelling. The offset position of the windows at the first floor
would further contrast with the otherwise orderly window layout of the surrounding
dwellings. Consequently, the two-storey rear extension would not be sympathetic to
the design of the existing dwelling, and it would detract from the character and
appearance of the surrounding area.
7. Although it was not shown on the submitted plans, the planning history shows that
the appeal property has a lawful development certificate for a rear dormer
extension. On my site visit, I observed that the dormer window was under
construction. Furthermore, in their statement of case, the appellant confirms that
the dormer window has been implemented. Therefore, although I am not formally
considering the dormer window under this appeal, it is clear that the dormer window
and the two-storey rear extension would both be constructed at the site.
8. In that regard, the two-storey rear extension when combined with the dormer
window would further differentiate the proposed development from the design of the
existing dwelling. Cumulatively, these extensions would appear unacceptably bulky
and jarring and would largely erode any perception of the original form of the
dwelling when viewed from the rear. The proposal as a whole would therefore fail to
complement the appearance of the original dwelling, and once completed, it would
be a visually discordant feature amongst the surrounding terraces.
9. Whilst I appreciate that the harm caused by the proposed development would be
confined to the rear of the property, it would nevertheless be visible from the rear
gardens of neighbouring properties and from the access road to the rear of the
dwellings on Western Avenue. Regardless, the absence of public visibility does not
obviate the need for high quality design. Indeed, the National Planning Policy
Framework (Framework) is clear that developments should be visually attractive
and add to the overall quality of the area. The absence of visibility from the frontage
does not therefore justify the harm that would be caused by the proposal.
10. I have also had regard of the examples of developments on Western Avenue which
are referred to by the appellant. I observed some of these on my site visit. Whilst
the plans and decision notices have been provided, I do not have the full details of
these cases in order to give them significant weight. The absence of such details
limits their weight in the appeal, which I have in any event determined on its own
individual planning merits.
11. From the evidence before me, the developments at 99, 117 and 179 Western
Avenue all seem to be set amongst properties which have also been extended to a
significant degree. That is different to the appeal property which is surrounded by
dwellings which generally appear to be largely original and uniform at first floor and
Appeal Decision APP/Z5060/D/25/3367310
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roof level. The example at 21 Western Avenue does appear to be more
comparable, albeit from the photograph provided it appears as though there is a
larger gap to the adjacent dwelling compared to the appeal property.
12. In the approved plans for each development, none of the properties show an
existing dormer extension, as is the case at the appeal property. Whilst rear
dormers are shown in the submitted aerial photographs, I am not aware of the
timescale or the planning status of these installations. Furthermore, some of the
examples serve to confirm the harm that can be caused in character and
appearance terms through incohesive cumulative additions. Whilst I have
considered the examples, they do not outweigh the harm that would be caused
were the appeal to be allowed.
13. In addition, all of the examples referred to were approved prior to the adoption of
the current local plan which explicitly requires that ‘extensions should take into
account the positive aspects of the existing roofscape of the area and seek to apply
the same style as the roof of the original property, including the pitch, eaves
treatment and materials used’. This is despite the fact that the Residential
Extensions and Alterations Supplementary Planning Document (2012) (SPD)
remains in place, given the primacy of the development plan in decision making.
14. I therefore conclude that the proposed development would be harmful to the
character and appearance of the existing dwelling and the surrounding area. It
would conflict with Policy D4 of the London Plan (LP) (2021) and Policies SP2,
DMD1 and DMD5 of the Barking and Dagenham Local Plan (BDLP) (2024).
Amongst other matters, these policies require that developments relate to the local
context and that extensions should be sympathetic to the design of the original
dwelling.
Living conditions
15. The SPD explains that no part of a proposed extension should extend beyond a 45-
degree angle as taken from the corner of the adjacent property. The Council state
that the first-floor rear extension would breach the 45-degree angle to both
neighbouring properties, that being 57 Western Avenue (No 57) and 61 Western
Avenue (No 61). However, I must consider this guidance alongside the site-specific
circumstances of the proposal.
16. The appeal property adjoins No 57. Due to the shallow depth of the first-floor rear
extension and that it would be set in from the side boundary to No 57, it would not
significantly enclose the nearest windows on the rear elevation of No 57.
Furthermore, the appellant’s plans demonstrate that the extension would not
breach the 45-degree angle when measured from the nearest window at No 57.
Whilst this deviates from the guidance in the SPD, it nevertheless accounts for the
actual positions of the windows, rather than the corner of the building, and therefore
accounts for the site-specific circumstances. For these reasons, I am satisfied that
the proposal would not unacceptably harm the living conditions of occupiers of No
57, in terms of outlook and daylight.
17. The appeal property is adjacent to No 61, which is the end property of the adjacent
terrace. The appeal property and No 61 are however separated by an alleyway
which would provide some distance between the first-floor extension and the rear
facing windows of No 61, thus reducing any significant enclosing impacts. I also
observed on my site visit that the nearest first floor window at No 61 is obscurely
Appeal Decision APP/Z5060/D/25/3367310
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glazed. While I cannot be certain of its use as I do not have the floorplans for No
61, it is unlikely to be a main habitable room since the window is obscurely glazed,
and exterior plumbing would suggest it is a bathroom. Due to these circumstances,
I am also satisfied that the proposal would not unacceptably harm the living
conditions of occupiers of No 61, in terms of outlook and daylight.
18. The Council have also raised concerns that the proposal would result in
overlooking and a loss of privacy at neighbouring properties. However, all of the
windows within the extension would be rear facing. While it would be possible to
see into neighbouring gardens from the new windows at an oblique angle, this is
common at terraced properties within dense urban areas, such as the appeal site.
Given that there would be no side facing windows in the extension, the proposal
would not result in any direct overlooking of neighbouring properties. Consequently,
I am also satisfied that the proposal would not result in any significant overlooking
or loss of privacy at neighbouring properties.
19. I therefore conclude that the proposed development would not be harmful to the
living conditions of neighbouring occupiers, in terms of outlook, daylight and
privacy. It would therefore comply with Policies DMD1 and DMD5 of the BDLP,
which amongst other matters, require that developments must not significantly
impact on the quality of life for neighbouring residents. On this matter, the Council
also cite conflict with Policies D4 of the LP and SP2 of the BDLP. However, these
policies mostly relate to design and are not determinative on this main issue.
Other Matter
20. I acknowledge that a single storey extension to the property has been granted prior
approval. The whole of the development is nevertheless before me. In this case, I
find there to be a clear and substantive difference in the cumulative impacts of the
single storey ground floor extension and dormer window, when compared to the
impacts of the proposed two storey extension and dormer window. It is therefore
not a directly comparable fallback, and I give it limited weight in the appeal.
Conclusion and Recommendation
21. While I have found that the proposed development would not be harmful to the
living conditions of neighbouring occupiers, this is a neutral factor which does not
justify the harm to the character and appearance of the existing dwelling and the
surrounding area. Consequently, the proposal would conflict with the development
plan as a whole and there are no other material considerations which would alter
this conclusion. I therefore recommend that the appeal should be dismissed.
T Morris
APPEAL PLANNING OFFICER
Inspector’s Decision
22. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
A M Nilsson
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 19 August 2025 by T Morris BA (Hons) MSc
Decision by A M Nilsson BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 November 2025
Costs application in relation to Appeal Ref: APP/Z5060/D/25/3367310
59 Western Avenue, Dagenham, Barking and Dagenham, RM10 8UD
• The application is made under the Town and Country Planning Act 1990, sections 78, 322 and
Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr Hafuzi for an award of costs against the Council of the London
Borough of Barking and Dagenham.
• The appeal was against the refusal of planning permission for construction of a part two storey part
single storey rear extension.
Decision
1. The application for an award of costs is refused.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the application.
Reasons for the Recommendation
3. Parties in planning appeals normally meet their own expenses. However, the
Planning Practice Guidance (PPG) advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying for
costs to incur unnecessary or wasted expense in the appeal process. Costs may be
awarded to any party regardless of the outcome of the appeal.
4. The application for costs is based on the applicant’s concern that the Council acted
unreasonably in reaching its decision as they have granted planning permission for
larger extensions in the same street, on the same type of property, under the same
Supplementary Planning Document, and have therefore been inconsistent in their
decision making. In the applicant’s view, this has led to the unnecessary or wasted
expense of having to appoint a planning consultant to undertake the appeal.
5. However, the Council’s decision notice and officer report sets out the reasons why
they refused the planning application. This includes reference to the current
development plan policies which the Council believe the proposal conflicts with, as
well as the relevant sections of the National Planning Policy Framework. These
national and local policies were not in place at the time of the applications referred
to by the applicant. The Council’s costs rebuttal also provides further narrative on
the ways in which the appeal proposal differs from the examples provided by the
applicant. I have also in my recommendation found differences in terms of the
absence of rear dormer windows to the approved plans, even if these were
Costs Decision APP/Z5060/D/25/3367310
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subsequently installed. These differences in decision making does not, therefore,
amount to unreasonable behaviour.
6. Therefore, while the applicant may disagree with the Council’s conclusions, I am
satisfied that the Council have exercised their planning judgment and have
substantiated their reasons for refusal of the proposed development.
Conclusion and Recommendation
7. I therefore conclude that this is a matter of disagreement between the parties on
the planning merits of the case and it is not unreasonable behaviour resulting in
unnecessary or wasted expense for the applicant. Consequently, an award of costs
is not justified. I therefore recommend that the application for an award of costs is
refused.
T Morris
APPEAL PLANNING OFFICER
Inspector’s Decision
8. I have considered all the submitted evidence and the Appeal Planning Officer’s
report and on that basis the application for an award of costs is refused.
A M Nilsson
INSPECTOR
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