Development proposed a first floor side/rear extension, and a loft conversion with rear dormer
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Heritage & Conservation
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 21 March 2023
by Chris Couper BA (Hons) Dip TP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30th March 2023
Appeal Ref: APP/T5150/D/23/3315302
65 Barn Way, Wembley, Brent HA9 9NP
• 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 Dr Hadi Hadi against the decision of the Council of the London
Borough of Brent.
• The application Ref 22/3083, dated 5 September 2022, was refused by notice dated
7 November 2022.
• The development proposed a first floor side/rear extension, and a loft conversion with
rear dormer.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposal on the character and appearance of
the host property and the area, including whether it would preserve or enhance
the character or appearance of the Barn Hill Conservation Area (‘the BHCA’).
Reasons
3. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 states that, in respect of development affecting conservation areas,
special attention shall be paid to the desirability of preserving or enhancing
their character or appearance. The National Planning Policy Framework
(‘Framework’) sets out that great weight should be given to the conservation of
designated heritage assets, such as conservation areas, and that harm to their
significance requires clear and convincing justification.
4. Policy BHC1 of the Brent Local Plan 2019-2041 (2022) (‘BLP’) sets out that
proposals shall sustain or enhance the significance of heritage assets, and shall
contribute to local distinctiveness, having regard to matters such as the
streetscene, siting, planform, and good quality, subordinate design. It is
therefore consistent with the Framework’s approach.
5. I have been provided with only limited extracts from the Barn Hill Conservation
Area Design Guide 2013 (‘the DG’). However, I observed that the BHCA is
broadly characterised by fairly modest, two storey semi-detached and detached
houses, with a hipped roofed form, and which are set back from the highway
on a hillside. Their elevations are finished with a palette of materials including
brick, render and feature timberwork.
Appeal Decision APP/T5150/D/23/3315302
2
6. The host is typical of the area. It forms one half of a semi-detached pair which
sits towards the end of a long row of broadly similar properties. I observed on
my visit that although some have been extended to the rear, the houses on
this side of the road generally retain a simple form and modest proportions,
particularly at first floor level and above.
7. The front face of the proposed first floor extension would be narrow, set well
back from the host’s front face, and its ridge would be set down. In those
regards it would comply with the advice in the DG. It would also be faced in
matching materials, and its hipped roof would reflect the form of the existing
roof.
8. However, it would extend well to the rear of the original dwelling. As a result
of that, along with its height and bulk, it would appear visually rather detached
from the remainder of the host property. It would thus not complement the
character of the original house, and the resultant dwelling would have a rather
awkward and disjointed appearance, contrary to the DG.
9. In the context of the area, its projecting first floor bulk and its complexity
would jar with the prevailing form and simpler proportions of the other
properties in this row and in the BHCA. That harmful impact would be visible
from nearby houses and their gardens and, to a more limited degree, in the
streetscene when looking through the gap at first floor level between the host
and 63 Barn Way, and from Brampton Grove.
10. In harming this typical part of the BHCA, the scheme would fail to preserve or
enhance the character and appearance of the BHCA as a whole. The harm to
this designated heritage asset is a matter to which I attribute great weight.
However, as that harm would be ‘less than substantial’, in accordance with the
Framework and BLP Policy BHC1, I am required to weigh it against the public
benefits of the proposal.
11. In its favour, the proposal would provide the existing, and any future,
occupants with more comfortable living space. However, that benefit would be
largely private, relating to the enjoyment of the house by its occupants.
Therefore, I find no public benefits that would outweigh the harm that I have
identified above.
12. The proposal would therefore conflict with BLP Policy BHC1 and the Framework.
It would also conflict with those parts of BLP Policy DMP1 which require
development to complement the locality and to conserve or enhance the
significance of heritage assets; and it would not fully accord with the advice in
the DG.
13. The Council does not allege a conflict with the Brent Residential Extensions and
Alterations Supplementary Planning Document. As I have not been provided
with that document, I cannot accurately assess the scheme against it.
14. Nevertheless, for the above reasons the scheme would conflict with the
development plan, and having regard to all other matters raised, including a
representation by an interested party, the appeal is therefore dismissed.
Chris Couper
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.