Two-storey extension to the side of the house with garage on the ground floor and bedroom with en-suite on the top floor
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Character & Appearance
Residential Amenity
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 19 April 2023
by Ian McHugh DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 19 May 2023.
Appeal Ref: APP/A1015/D/23/3314688
26 Netherthorpe Close, Staveley, S43 3PX
• 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 Miss Stephanie McManus and Dale Hill against the decision of
Chesterfield Borough Council.
• The application Ref CHE/22/00742/FUL, dated 16 October 2022, was refused by notice
dated 6 January 2023.
• The development proposed is a two-storey extension to the side of the house with
garage on the ground floor and bedroom with en-suite on the top floor.
Decision
1. The appeal is dismissed.
Main Issues
2. These are, the effect of the proposal on the character and appearance of the
existing dwelling and the streetscene; and the effect on the living conditions of
the occupants of the neighbouring dwelling at number 25 Netherthorpe Close
(number 25), with regard to outlook.
Reasons
3. The appeal property is a semi-detached two storey dwelling, which is situated
in a residential cul-de-sac. Other properties in Netherthorpe Close are of a
similar scale and appearance, although some have been altered and extended
over the years. These extensions mainly include single storey additions on the
sides of the houses, although there are also two-storey side and front
extensions. I also note that the appeal property has a single-storey addition at
the rear. Notwithstanding the presence of other extensions, a distinctive
characteristic of the streetscene is the relatively wide gaps between properties
at first-floor level. These gaps provide a degree of spaciousness to the
streetscene.
4. The appeal proposal is to construct a two-storey side extension, with a hipped
roof, that would cover the width of the existing driveway and extend the full
length of the dwelling. The extension would add significantly to the mass of
the property and it would narrow the width of the existing gap between it and
number 25, notwithstanding the fact that number 25 is positioned further back
and is more in line with the rear wall of the appeal dwelling. In my opinion, the
extension would have an unacceptably harmful effect on both the existing
dwelling and the streetscene, because of its dominant appearance and the
absence of any relief between it and original property.
Appeal Decision APP/A1015/D/23/3314688
2
5. Policy CLP20 of the Chesterfield Borough Local Plan 2018-2035 (LP) seeks to
ensure (amongst other things) that all new development responds positively to
the character of the site and surroundings. This is consistent with Paragraph
130 of The National Planning Policy Framework 2021. In addition, the Council’s
Supplementary Planning Document – Successful Places reflects this
requirement, although the guidance appears to be directed more at larger
developments.
6. For the reasons given above, I consider that on this issue, the proposal is
unacceptable and conflicts with Policy CLP20 of the LP.
Living Conditions
7. Policies CLP14 and CLP20 of the LP both require new developments to have an
acceptable impact on the amenity of neighbours. The Council contends that
the proposed extension would have an overbearing impact on number 25,
because the outlook from the front windows of number 25 would be towards
the two-storey side wall of the extension.
8. Whilst the side of the extension would be prominent when viewed from the
windows of number 25, it would be separated by the driveway of the
neighbouring property. Given this separation and the angular relationship
between the front windows of number 25 and the proposed extension, I am not
persuaded that the proposal would be unacceptably harmful. Consequently, I
do not find against the proposal on this issue.
Other Matters
9. In reaching my decision, I have considered and acknowledge the benefits to
the appellants in providing additional accommodation for the family. I have
also noted that they have suggested an amended design, which would result in
the extension being set-back of 2.5m at first-floor level.
10. In my opinion, it may be possible to design an extension that would both
benefit the appellants and address the Council’s concerns. However, that
would require the submission of a new planning application and it is a matter
between the two parties.
Conclusion
11. For the above reasons in relation to character and appearance, it is concluded
that the appeal be dismissed.
Ian McHugh
INSPECTOR
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