Proposed development is mansard roof to form loft conversion
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Green Belt Policy
Extensions
Heritage & Conservation
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 September 2025
by P B Jarvis DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 26 September 2025
Appeal Ref: APP/B1930/D/25/3368569
342 London Road, St Albans AL1 1EA
• 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 Arain against the decision of St Albans City and District Council.
• The application Ref. is 5/24/0946.
• The proposed development is mansard roof to form loft conversion.
Decision
1. The appeal is allowed and planning permission is granted for mansard roof to form
loft conversion at 342 London Road, St Albans AL1 1EA in accordance with the
terms of application ref: 5/24/0946 and subject to the following conditions:
1) The development hereby permitted shall be begun within three years of the date
of this decision.
2) The development hereby permitted shall be carried out in accordance with the
following approved plans: 1:1250 site location plan, drawing number 100 (block
plan), drawing number drawing number 201 (existing loft room), drawing number
220 (existing and proposed roof), drawing number 301 (existing and proposed
elevations and floor plans).
3) The materials to be used in the construction of the external surfaces of the
development hereby permitted shall match those used on the existing building.
Applications for Costs
2. An application for costs was made by Mr and Mrs Arain against St Albans City and
District Council. An application for partial costs was also made by St Albans City
and District Council against Mr and Mrs Arain. These applications are the subject of
a separate decision.
Main Issue
3. The main issue is whether the proposal would be inappropriate development in the
Green Belt having regard to relevant development plan policy and the National
Planning policy Framework (the Framework).
Appeal Decision APP/B1930/D/25/3368569
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Reasons
4. The Framework states at paragraph 154 that development in the Green Belt is
inappropriate unless one of a number of listed exceptions apply. These include at
(c) the extension or alteration of a building provided that it does not result in
disproportionate additions over and above the size of the original building.
However, neither the Framework nor the accompanying Planning Policy Guidance
(PPG) define what is to be considered as a ‘disproportionate addition’.
5. Policy 1 of the St Albans Local Plan (1994) (SALP) sets out the development types
that may be permitted in the Green Belt including where there are ‘very special
circumstances’ but its wording is not wholly consistent with the Framework and it
makes no reference to the extension or alteration of a building. SALP Policy 13
relates to the extension or replacement of dwellings in the Green Belt but the
wording of the section relating to extensions is also not wholly consistent with
Framework paragraph 154c, using the phrases “significantly larger” or “different in
character” rather than disproportionate additions. In accordance with Framework
paragraph 232, this reduces the weight that can be given to the above policies.
6. However, the Council’s Residential Extensions and Replacement Dwellings in the
Green Belt Supplementary Planning Guidance (2004) (SPG) provides some
supporting guidance to Policy 13. Whilst it also predates the Framework, it does
note that relevant national guidance had been updated since the adoption of the
local plan to include the use of the phrase ‘disproportionate additions’. In this
context, it sets out some guidance regarding the size of extensions that may be
allowable, though confirms that the figures provided are guidelines with some
flexibility in application having regard to how specific proposals perform in respect
of a number of criteria, (i) – (viii).
7. In respect of the allowable size of extensions, part (i) a) of the SPG relates to side
and rear extensions. Table 1 provides a range of indicators depending on how well
individual proposals perform against the remaining criteria and this then determines
the size of extension that will be permissible within the range as set out in Table 2.
Table 2 indicates that increases in cubic content between 90 and 180 cubic metres
or an increase in floorspace between 20 to 40% may usually be acceptable, subject
to an overall maximum of 300 cubic metres.
8. However, part b) of this criterion relates to ‘other extensions’ and given that the
appeal proposal would involve alterations only to the roof of the dwelling, this would
seem to be the more relevant part of the guidance. It does not include any size
ranges or limits but states that “the size of extensions permitted will generally be
considerably smaller than with side and rear extensions” and confirms that
proposals should also be assessed against all the remaining criteria. Whilst there is
some dispute regarding the exact figures, the appeal proposal would add between
37-38 cubic metres volume and 15-18 square metres in floor area which, in my
view, can be considered to be considerably smaller than the sizes allowable for
side and rear extensions and thus criteria (i)b) is satisfied.
9. However, criteria (ii) of the SPG indicates that the cumulative impact of any
previous and proposed extensions to the dwelling will also be assessed. Again, the
figures are not agreed with the appellant suggesting that the original floorspace is
some 40 square metres greater than that used by the Council whose figures
suggest an overall increase of 185 cubic metres and a 118% increase in
Appeal Decision APP/B1930/D/25/3368569
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floorspace. The SPG is not entirely clear what these figures should be assessed
against, but if Table 2 is to be used, footnote * states that whichever is the greater
of the two ranges will be regarded as the top of the range. As such the cubic
content increase would only be marginally above it. Applying the guidelines flexibly,
even on the Council’s figures, this would be acceptable.
10. Criteria (iii) sets out the type of extensions that may be acceptable, noting that roof
extensions which significantly raise the eaves or increase the ridge or bulk of the
roof will normally be resisted. The proposal would add bulk to the roof but not
significantly. Criteria (iv) states that the position of extensions in relation to public
viewpoints will be a material factor and the appeal site and the proposed mansard
roof would be visible within the street scene. However, given that the new roof
would not add significant bulk and would be seen within the context of the row of
detached dwellings within which it sits, screened to an extent by mature trees from
the main road, its visibility would not be a detracting factor. The proposal performs
well against both of these criteria.
11. Criteria (vii) relates to Policy 72 constraints which should be carefully addressed.
The proposed mansard roof would introduce a slightly different roof form compared
to the predominant hipped roofs, but due to its design and relatively small crown
roof, would relate well to the scale and character of the street and would be
compatible with the original building. It would not seriously diminish the space
around the building nor have an adverse effect on adjoining properties. Overall, the
policy constraints would be satisfied.
12. Criteria (v) relating to extensions in gaps between dwellings, (vii) landscaping and
tree preservation and (viii) conservation areas and listed buildings are not relevant.
13. Taking all the above into account, I find that the proposal would not result in a
significantly larger building on the appeal site nor a building of different character.
Overall, it would not result in disproportionate additions over and above the size of
the original building. It would thus satisfy Framework paragraph 154(c) and as such
it would not be inappropriate development in the Green Belt. As such it is not
necessary to consider the impact on Green Belt openness any further, nor is it
necessary for very special circumstances to be demonstrated.
14. The proposal would comply with SALP policies 1 and 13 and the SPG guidance. In
addition, for the reasons set out above, there would be no conflict with SALP
policies 69 and 72 which, amongst other things, seek to ensure development of a
high quality design that in the case of residential extensions seek to ensure that it
relates to the scale and character of an area, is compatible with the original
building, does not seriously diminish the space around it nor result in adverse
impacts on neighbouring properties.
Conditions
15. The Council has suggested a number of conditions which I have reviewed in the
light of Framework paragraphs 56 and 57. A condition to refer to the approved
plans is necessary in the interests of clarity and proper planning. A condition to
require matching materials is also necessary in the interests of visual amenity. The
Council has also suggested a condition to prevent the use of the flat roof to the
front of the balcony as an amenity area / roof garden. However, I see no need for
such a condition given the very small area involved and that access to it would, in
Appeal Decision APP/B1930/D/25/3368569
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any event, be prevented by the railings to be attached in front of the door. A
condition relating to biodiversity net gain is also unnecessary given that the type of
development proposed is exempt from such requirements.
Conclusion
16. I therefore conclude that this appeal should be allowed.
P B Jarvis
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 9 September 2025
by P B Jarvis DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 26 September 2025
APPLICATION A
Costs application in relation to Appeal Ref: APP/B1930/D/25/3368569
342 London Road, St Albans AL1 1EA
• The application is made under the Town and Country Planning Act 1990 (as amended), sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr and Mrs Arain for a full award of costs against St Albans City and
District Council.
• The appeal was against the refusal to grant planning permission for a mansard roof to form loft
conversion.
APPLICATION B
Costs application in relation to Appeal Ref: APP/B1930/D/25/3368569
342 London Road, St Albans AL1 1EA
• The application is made under the Town and Country Planning Act 1990 (as amended), sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by St Albans City and District Council for a partial award of costs against Mr
and Mrs Arain.
• The appeal was against the refusal to grant planning permission for a mansard roof to form loft
conversion.
Decision
1. Application A is allowed in part.
2. Application B is refused.
Reasons
3. 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.
Unreasonable behaviour may be either procedural or substantive.
Application A
4. In summary, the appellant contends that the Council failed to carry out a proper
consideration of the proposal in that policy and related guidance was incorrectly
interpreted and applied and that had it not done so, it would have approved the
proposal so avoiding the need for an appeal. In particular, it is alleged that the
Council rigidly applied the guidance figures in the Residential Extensions and
Replacement Dwellings in the Green Belt Supplementary Planning Guidance
(2004) (SPG) without considering other impacts and did not set out the reasons
why there was conflict with Policies 69 and 72 of the St Albans Local Plan (1994)
(SALP) as cited in the decision notice.
Costs Decision APP/B1930/D/25/3368569
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5. As set out in the appeal decision, the SPG sets out a number of criteria against
which proposals are to be assessed, including the size of extensions as well as
others such as type of extension, visibility and relevant policy. In the officer report
(OR) the Council referred to SPG Tables 1 and 2 in assessing whether the size of
the proposal would be permissible. Whilst reference to these tables which relate to
‘side and rear extensions’ is surprising given that the proposal relates to a roof
extension, I do not agree that this was the ‘sole metric to assert
disproportionateness’ as alleged by the appellant.
6. When assessing the proposal against criteria (iii), type of extension, the Council did
consider the proposal against the ‘roof extension’ type concluding that the proposal
performed moderately well. Other relevant criteria were also fully assessed within
the OR.
7. However, notwithstanding the above, a quantitative assessment of the proposal
was necessary in order to assess the proposal under criteria (i) b (other extensions)
and (ii) which relates to the cumulative size of the additions to the original dwelling.
Thus, whilst the Council found the proposed mansard roof of itself to not be
significantly detrimental, it was nevertheless appropriate to consider the cumulative
impact of it and the existing extensions. As pointed out by the Council, this
necessarily involves a consideration of the size of the proposal. Also, as I noted in
the appeal decision, whilst it is not entirely clear how the ‘cumulative impact’ of
previous and proposed extensions are to be assessed, the size limits set within
Table 2 would appear to be of at least some relevance in this regard. Thus, whilst
the Council placed undue reliance on Tables 1 and 2 in assessing the allowable
size of the proposal, they were not entirely irrelevant to the overall assessment.
8. It is also clear that the Council did not solely consider ‘arithmetics’ but assessed the
proposal against the other criteria of the SPG. The interpretation and application of
these criteria necessarily involve matters of judgement. Whilst I did not agree with
all of the conclusions of the Council, it is entitled to reach its own and these were
reasoned and justified within the Officer Report (OR). In applying those findings, it
is understandable that the Council concluded that the proposal would exceed the
limits of what it assessed as being ‘allowable’ in the circumstances.
9. Thus, whilst I did not agree with the Council conclusions in this regard, I do not find
that it acted unreasonably in reaching the conclusions that it did.
10. In regard to SALP Policies 72 and 69, it is the case that nowhere in the Council’s
OR does it identify any conflict with Policy 72, indeed it finds that the proposal
performs well against criterion (vi) of the SPG which deals with the Policy 72
constraints and concludes accordance with it in relation to impact on neighbouring
amenity. In respect of Policy 69 there is no assessment at all. The Council has not
explained these omissions nor provided any other evidence to support any conflict
with these policies. Therefore, in this regard I find that the Council has acted
unreasonably in citing conflict with those policies in the decision notice.
11. I therefore find that unreasonable behaviour resulting in unnecessary or wasted
expense, as described in the Planning Practice Guidance, has been demonstrated
and that a partial award of costs is justified in relation to Application A.
Costs Decision APP/B1930/D/25/3368569
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Application B
12. The Council’s application solely concerns the appellant’s costs application which is
alleged to have been made unreasonably. In order to succeed in demonstrating
unreasonableness in this regard, it seems to me that it would need to be shown
that the case put forward by the appellant was hopeless with no chance of success.
13. However, I do not consider that to be the case. Whilst the appellant’s claim that the
Council ‘rigidly’ interpreted the size guidelines in the SPG is not justified given that
the application of the size guidelines of the SPG involves the consideration of a
number of matters of judgement, it is the case that there was questionable use of
Tables 1 and 2 of criteria (i) given that they were not directly relevant to the type of
extension proposed. It is not unreasonable for the appellant to challenge those
interpretations and conclusions in those circumstances.
14. As the Council itself notes, it is not uncommon for there to be differences of opinion
between the parties, but such opinions require justification having regard to the
relevant policy and guidance and the conclusions reached. It was thus open to the
appellant to challenge the reasonableness of those conclusions.
15. I therefore find that unreasonable behaviour resulting in unnecessary or wasted
expense, as described in the Planning Practice Guidance, has not been
demonstrated in relation to Application B.
Costs Order
16. In exercise of the powers under section 250(5) of the Local Government Act 1972
and Schedule 6 of the Town and Country Planning Act 1990 as amended, and all
other enabling powers in that behalf, IT IS HEREBY ORDERED that St Albans City
and District Council shall pay to Mr and Mrs Arain, the costs of the appeal
proceedings described in the heading of this decision limited to those costs
incurred in responding to the point regarding alleged conflict with SALP Policies 69
and 72; such costs to be assessed in the Senior Courts Costs Office if not agreed.
17. The Applicant is now invited to submit to St Albans City and District Council, to
whose agents a copy of this decision has been sent, details of those costs with a
view to reaching agreement as to the amount.
P B Jarvis
INSPECTOR
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