For a first floor side extension on top of existing single storey side extension along with the construction of a double storey side extension
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Trees & Landscape
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 28 October 2025
by Nicola Davies BA DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 10 November 2025
Appeal Ref: APP/D3640/D/25/3373660
29 Minehurst Road, Mytchett, SURREY GU16 6JP
• 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 Stewart Edgar against the decision of Surrey Heath Borough Council.
• The application Ref is 25/0720/FFU.
• The development proposed is for a first floor side extension on top of existing single storey side
extension along with the construction of a double storey side extension.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues raised by this appeal are the effect of the proposed development
on the character and appearance of the host property and the area and on an Oak
tree that is protected by a Tree Preservation Order (TPO).
Reasons
Character and appearance
3. The area is characterised by two storey detached and semi-detached dwellings
which share a similar original design and appearance to that of the appeal property.
This part of the estate is made up of a small mix of repeating house designs which
provide the area with a visually pleasing coherence that gives the locality a
distinctive sense of place.
4. The design of the two-storey extension would differ from the main building with
regards to its form, fenestration and external materials. The asymmetrical roof form
of the two storey extension would have lower eaves at the rear of the building. The
largely blank side elevation and high level window to the front elevation would not
be in keeping with the arrangement of the original dwelling and vertical cladding
would be applied to the rear elevation. Being out of keeping with the design of the
host dwelling the extension would appear as an unsympathetic addition to the
dwelling and would detract from both it and the cohesive character and appearance
of the area.
5. The extension would be set back from the front elevation of the dwelling.
Nonetheless, although being located at the terminus of Minehurst Road, the visual
harm arising from this part of the proposed development would be visible in public
Appeal Decision APP/D3640/D/25/3373660
2
views gained from Minehurst Road, the public park to the side of the appeal
property and in the outlook of those existing residents at the end of the cul-de-sac.
6. For these reasons, I conclude that the proposed development would be harmful to
the character and appearance of the host property and the area. The proposal
would, therefore conflict with Policy DM9 of the Core Strategy and Development
Management Policies Document, Principles 10.1, 10.3 and 10.5 of the Residential
Design Guide Supplementary Planning Document (SPD), PO3 of the Western
Urban Area Character SPD and the provisions of the National Planning Policy
Framework. Policy DM9 seeks, amongst other matters, development to be of high
quality design. In addition, the extension would not be of a form, architectural style
or reflect the materials of the original building, as required by the Residential
Design Guide SPD. Furthermore, the proposal would visually harm the post war
architecture of the host building that Guiding Principle PO3 of the Western Urban
Area Character SPD specifically seeks to prevent.
TPO tree
7. The proposed development would bring built development into close proximity to an
existing oak tree. This mature tree is an attractive feature within the street scene
and is of high visual amenity value for this reason. The TPO that is in place affords
this tree protection. This makes it all the more important to protect the oak tree
from harm to ensure its longevity is not undermined. The premature loss of this
tree would have a significant and negative visual impact on the street scene.
8. The planning application was supported by an Arboricultural Survey and tree
constraints plan. However, this does not provide an evaluation of the impact of the
proposed development on the tree and its roots. The appellant contends that a
detailed Tree Survey Report has been undertaken and whilst the report identifies
that a proportion of the proposed extension would fall within the tree’s root
protection zone, the arboriculturalist has concluded that the proposal would not
have an adverse effect on the health of the tree. However, the Officer delegated
report indicates that an Arboricultural Impact Assessment, Arboricultural Method
Statement and Tree Protection Plan, as requested by the Council’s Arboricultural
Officer, were not forthcoming during the course of the consideration of the planning
application. Whilst it is suggested that the use of reinforced concrete slab
suspended on mini pile foundations could be utilised, there is no indication this
foundation method would be acceptable to the Council.
9. As such, I cannot be certain that the oak tree would not be harmed as a result of
the proposed development and/or that its long-term protection would be sufficiently
secured. The proposed development, therefore, has a significant potential to
negatively impact upon the tree and have a detrimental impact on its wellbeing in
the long-term that could lead to pressure to remove the tree in the future. This
would be an erosion of the statutory protection placed upon the tree by the serving
of the TPO. As a consequence, the proposal should be resisted.
10. The proposal would, therefore conflict with Policy DM9 of the Core Strategy and
Development Management Policies Document 2012 and the provisions of the
National Planning Policy Framework. That policy seeks, amongst other matters,
the protection of trees and vegetation.
Appeal Decision APP/D3640/D/25/3373660
3
Other Matters
11. I note there is neighbour support for the proposed development. Nonetheless, this
does not overcome my above concerns or justify the granting of planning
permission in this case.
Conclusion
12. Having regard to the above findings, the appeal should be dismissed.
Nicola Davies
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.