None
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Extensions
Heritage & Conservation
Trees & Landscape
Inspector’s Reasoning
1
Appeal Decision
Site visit made on 8 August 2023
by J Somers BSocSci (Planning) MA (HEC) MRTPI IHBC
an Inspector appointed by the Secretary of State
Decision date: 25th August 2023
Appeal Ref: APP/L5810/D/23/3323884
7 East Sheen Avenue, Richmond Upon Thames, London SW14 8AR
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission under section 73 of the Town and
Country Planning Act 1990 for the development of land without complying with
conditions subject to which a previous planning permission was granted.
• The application is made by Mr Andrew Bradshaw against the decision by the London
Borough of Richmond Upon Thames.
• The application, ref. 23/0929/VRC, dated 6 April 2023, was refused by notice dated
17 May 2023.
• The application sought Single storey rear extension; Rear dormer roof extension, with
solar panels above; Front rooflights; Elevational alteration of existing fenestration;
Replacement front garden wall; without complying with conditions attached to planning
permission 22/3618/HOT, dated 3 February 2023.
• The conditions in dispute are No.2 (U0149469) and No.3 (U0149470). Condition No.2
(U0149469) states that: ‘The development hereby permitted shall be carried out in
accordance with the following approved plans and documents, where applicable.
Location Plan, P-01, P-02, P-03, P-04, P-05, P-07, P-011 & P-014 received on 06 Dec
2022 and P-08A, P-012B & P-013A received on 01 Feb 2023.’ Condition No.3
(U0149470) states that: ‘No new external finishes (including fenestration), including
works of making good, shall be carried out other than in materials to match the
existing, except where indicated otherwise on the approved drawings.’
• The reason given for condition No.2 (U0149469) is: ‘To accord with the terms of the
application, for the avoidance of doubt and in the interests of proper planning.’ The
reason given for condition No.3 (U0149470) is: ‘To ensure that the proposed
development is in keeping with the existing building and does not prejudice the
appearance of the locality.’
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the variations to materials and design of the
dormer roof extensions upon the character and appearance of the existing
building and greater locality, with special regard to the East Sheen Avenue
Conservation Area (CA).
Reasons
3. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 (PLBCA), in respect of development affecting conservation areas, states
that special attention shall be paid to the desirability of preserving or
enhancing the character and/or appearance of the area.
4. In undertaking extensions and alterations to existing buildings, the London
Borough of Richmond Upon Thames Local Plan 2018 (LP) Policy LP1 lists a
Appeal Decision: APP/L5810/D/23/3323884
2
number of design principles in order to ensure development respects,
contributes to and enhances the local environment and character, such as
consideration around compatibility with existing character; development
patterns, views, local grain, scale; height, layout, siting, heritage assets and
natural features, amongst others. LP Policy LP3 is related to heritage assets
and seeks to conserve and enhance heritage assets, with development within
CAs required to preserve and where possible enhance the character or
appearance of the CA.
5. These policies are supported by the House Extensions and External Alterations
Supplementary Planning Document (SPD) which contains further explanations
and guidance with regards to extensions to existing properties. With regards to
extensions the SPD seeks that the overall shape, size and position of
extensions should not dominate the existing house and should harmonise with
the original appearance. There is also the emphasis on protecting key spaces
and gaps, and ensuring subservience.
6. The appeal site is located along East Sheen Avenue, where the CA Appraisal
states that the significance of the area derives from the Edwardian expansion
which together with surrounding streets saw a large development of semi-
detached properties. Each of the pairs of dwellings has similar designs with an
arts and crafts influenced material palette, similar size, scale, and placement
which creates a homogenous character with a formal picturesque Edwardian
townscape that has a tranquil and suburban feeling and experience. Key
strengths of the areas are highlighted in the CA Appraisal as houses with
similar type and similar scale presenting a coherent appearance, wide avenues
lined by trees, and abundant foliage in gardens, amongst others. Buildings are
two storeys and contain red clay roof tiles, some with decorative ridge tiles,
large chimney stacks, pitched roof forms with two storey projecting square bay
windows with mock timber framing and a gabled roof. Dwellings are relatively
modest in size and are positioned so that gaps exist between dwellings,
particularly at first floor level, where there are glimpses to the tops of trees in
rear gardens. Along East Sheen Avenue, there is an emphasis on vegetation
with street trees which along with front gardens reinforces a leafy and spacious
quality and character to the CA.
7. Many of the dwellings along East Sheen Road, and to the rear of dwellings on
surrounding streets have large roof extensions, most of which are confined to
the rear roof slope of the dwelling. Materials follow the characteristics of the
host dwelling and seek to blend in with the design, scale and form of the
existing dwellings.
8. The appeal building is one of the original characteristic dwellings which make
up the CA and reflects the origins of the development of this area. The building
is one half of a pair of semi-detached dwellings, two storeys with pitched roof
and two storey projecting bay window with gabled roof above. The existing
planning permission allows a dormer roof extension to the existing dwelling
that is clad in tiles which match the appearance of the existing roof.
9. I can appreciate comments from the appellant with regards to there being
different philosophies of design that can be applied to existing buildings, such
as the proposal which seeks to apply a more ‘honest approach’ in that the
alteration seeks to be deliberately modern which is sometimes utilised to
alleviate concerns regarding pastiche and showing the evolution of
Appeal Decision: APP/L5810/D/23/3323884
3
development over time. I also do not dispute that zinc is a high quality material
and has been applied to historic assets, such as in place of lead or for the use
of dormer cheeks and roofing.
10. In this particular location it was evident from my site visit and from
surrounding dwellings, that the approach that has been followed in this
particular area is that dormer roof extensions retain similar cladding materials
as the host dwelling with the overall aim for the dormer extension to blend in
with the existing building and give it a form a subservience. Whilst I agree that
the proposed alterations to the approved scheme would present a high quality
and honest appearance, the alterations would not be compatible with the host
building and surrounding locality which seeks that extensions blend in, rather
than to stand out with alternative design approaches that seek to highlight
alterations. Whilst zinc is a high quality product, the large expanse of the
material together with the large areas of glazing would be at odds with the
materials and designs of dormer roof extensions surrounding and would look
awkward and incongruous in this context.
11. I can appreciate that there are examples of zinc1 being used within the
surrounding area, however the examples given are located to the side roof
plane and are limited to side cheeks of small dormer windows and not to the
extent of what is proposed in this scheme.
12. Taking the above into account, the proposal would not be a sympathetic
alteration to the existing dwelling and would be harmful to the architectural
authenticity and integrity of the existing building and surrounding area as a
result of its use of materials. Consequently, the proposal would not preserve or
enhance the significance of the CA and would cause ‘less than substantial
harm’ to the CA. The proposed alterations to the approved scheme would be
contrary to LP Policy LP1 and LP3 as discussed previously.
13. Whilst serious, it is considered that the proposal would cause ‘less than
substantial’ harm to the character and appearance of the CA. Paragraph 202 of
the Framework requires that, where a proposal would lead to less than
substantial harm, the harm should be weighed against the public benefits of
the proposal. The appellant has not described any benefits to the scheme,
however the alterations would provide some short term employment
opportunities. The benefits would not be dissimilar to those provided under the
approved scheme, and therefore carry limited weight.
14. That said, I therefore find that the public benefits would not outweigh the harm
to the CA. Each of the proposals would therefore conflict with the Framework,
which directs, at paragraph 199, ‘that great weight should be given to the
asset’s conservation … irrespective of whether any potential harm amounts to
substantial harm, total loss or less than substantial harm to their significance’.
15. In conclusion on this matter, I consider that each of the proposed alterations
would cause less than substantial harm to the significance of the CA. It has not
been shown that public benefits would outweigh this harm and so the proposal
would conflict with the development plan and the Framework.
Conclusion
16. For the reasons given above, I conclude that the appeal should be dismissed.
1 No.s 33, 35, and 57 East Sheen
Appeal Decision: APP/L5810/D/23/3323884
4
J Somers
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.