Combined Appeal
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Residential Amenity
Trees & Landscape
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 30 September 2022
by A.Graham BA(hons) MAued IHBC
an Inspector appointed by the Secretary of State
Decision date: 10 February 2023
Appeal Ref: APP/M2840/D/22/3304369
60 Park Road, Wellingborough NN8 4QE
• 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 K Ahmed against the decision of North Northamptonshire
Council.
• The application Ref: NW/22/0230/FUL dated 6 April 2022, was refused by notice dated
25 May 2022.
• The application is for erection of single storey first floor rear side extension.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issue is the impact of the proposal upon the living conditions of
neighbours.
Reasons
3. The appeal property is a modern detached house within what is a mixed area
on the periphery of the market town of Wellingborough. The appeal property
stands within a row of similar properties that generally present pitched roof
elevations towards generous open plan front gardens that adjoin Park Road
itself.
4. To the rear most properties have generous rear gardens backing onto an area
of woodland type planting that contains several larger scale, mature trees.
Number 60 Park Road has previously been extended to the rear with a
relatively sizeable conservatory extension that runs the entire width of the
house. Behind this there appears to have been an original outshut extension
that protrudes around 4.1m. This structure appears to have used similar
materials to that of the principal house in its design.
5. The proposal before me seeks to build above this single storey element and as
such would create a first floor extension above so as to create two new
bedrooms along with a smaller, flat roof element with an ensuite to one of the
bedrooms. The majority of the extension would be of a pitched roof
construction and would present a gable elevation to the rear, although the
more modest, en suite element would be of flat roof construction and slightly
set back from this new rear gable. The conservatory would remain in its
current location and the first floor extension would be set in from the
Appeal Decision Appeal Ref: APP/M2840/D/22/3304369
2
boundary by around 1 metre with a slight set down in the ridge . There would
also be a new bedroom window inserted into the southern elevation that is
proposed to be obscured glass.
6. The main issue within this appeal is the effect of the proposal upon the living
conditions of residents in the adjoining property, number 58 Park Road. This
property sits to the south of the appeal site but the layou t and design of the
plots means that the front elevation of number 58 is set forward of number
60. Accordingly, the rear elevation of this neighbour ing property is therefore
set back from the rear of number 60. Number 58 also has original windows
to its side elevation that look out towards the appeal property.
7. In assessing this appeal, I consider that , despite its obvious attempts to set
down and set in from the boundary, the proposal would result in a relatively
large scale rear protrusion to this property that, although not directly causing
any overshadowing issue, would create an element of over dominance upon
the neighbours at number 58. Although, I do not consider that direct sunlight
would be affected, the presence of this extension to the north would l ikely
result in loss of northern daylight into the ground floor windows of number
58 and this would be exacerbated through the proposal not meeting the 45
Degree rule as suggested by the Council ’s Residential Extensions Design
Guide1 (SPG).
8. As such the proposal before me would fail to meet the guidance contained
within the Council’s SPG on residential extensions that aim to achieve such
schemes that minimise or remove such impact upon resident’s living
conditions.
9. The proposed side elevation window would also serve a n existing habitable
bedroom and although this would be proposed to be obscured glass, I
consider that there would still be the possibility for a loss of privacy due
primarily to the existing side elevation windows of number 58 being so c lose.
Moreover, I do not consider that the obscuring of such a window would
create acceptable living conditions for future occupiers of this room and as
such I consider it likely that efforts could be made to remove this obscure
glazing at a later date.
10. In light of the above assessment therefore, the proposal before me would
result in a rear protrusion that would be overly large, and dominant to those
residents living at number 58 Park Road. As such the requirements of Policy 8
(e) (i) of the Joint Core Strategy (JCS) as well as the guidance on the
importance of good design as included within the National Planning Policy
Framework (The Framework).
Conclusion
11. For the reasons given above, and taking into account of all other matters
raised, I dismiss the appeal.
A Graham
INSPECTOR
1 Residential Extensions – A Guide to Good Deign , Supplementary Design Guide (SPG) October 2002.
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