Follows: “erection of a type 3 loft extension together with a first floor rear extension across number 2 and 4 following recent appeal
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Character & Appearance
Extensions
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 16 August 2023
by R C Shrimplin MA(Cantab) DipArch RIBA FRTPI FCIArb MCIL
an Inspector appointed by the Secretary of State
Decision date: 14 September 2023.
Appeal Reference: APP/Y5420/D/23/3323811
Land at 2 & 4 Wellington Avenue, Tottenham, Haringey, London N15 6AS
• 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 H. Friedman against the decision of the London Borough of
Haringey Council.
• The application (reference HGY/2023/0731, dated 15 March 2023) was refused by
notice dated 23 May 2023.
• The development proposed is described in the application form as follows: “erection of
a type 3 loft extension together with a first floor rear extension across number 2 and 4
following recent appeal”.
Decision
1. The appeal is dismissed.
Application for costs
2. An application for costs was made by Mr H. Friedman (the Appellant) against
the London Borough of Haringey Council. This application is the subject of a
separate Decision.
Preliminary points
3. Notwithstanding the description of the application that was given in the
application form, the nature of the proposed development can more concisely
be expressed, as set out in the Council’s decision notice and in the appeal form,
as “erection of a type 3 loft extension together with a first floor rear extension
across number 2 and 4”.
Main issue
4. The main issue to be determined in this appeal is the effect of the proposed
development on the character and appearance of the host building and its
surroundings.
Reasons
5. The appeal site is located in a residential area in the southern part of
Tottenham, where the houses are generally closely built up in a rectilinear
street pattern.
Appeal Decision: APP/Y5420/D/23/3323811
2
6. In Wellington Avenue, the houses are laid out in continuous terraces with small
front gardens and, although there are trees in the public highway, the
streetscene is dominated by the two- and three-storey houses that line the
road. In many cases, the original Victorian houses have been much changed
over the years, however. Even on front elevations, the original form has
frequently been altered by the addition of flat-roofed upper floors or dormers
that subsume the original architectural forms. Some examples are cruder than
others but the character and appearance of the streetscene has been degraded
as a consequence.
7. Numbers 2 and 4 Wellington Avenue have retained their two-storey structure
(with roof spaces), although some architectural details appear to have been
altered. In spite of differences, however, they form a pair architecturally, at
the western end of their terrace, and they retain their original character, which
benefits the surroundings.
8. The scheme that is the subject of this appeal would involve the construction of
an additional upper floor (above the existing first floor) with a pitched roof that
would also accommodate a further bedroom to each house, lit by rooflights.
First floor extensions would also be added to the rear of both houses, across
much of the combined rear elevation.
9. The ‘National Planning Policy Framework’ emphasises the aim of “achieving well
designed places” in the broadest sense (notably at Section 12), while making
effective use of land and encouraging economic activity. It is aimed at
achieving good design standards generally, by adding to the overall quality of
the area and being visually attractive and sympathetic to local character and
history, although it is also recognised that appropriate change may include
increased densities. The achievement of good design includes protecting
existing residential amenities and providing good standards of accommodation.
10. Policies in the Development Plan also share these basic principles. In
particular, Policies D3 and D4 of ‘The London Plan’ (dated March 2021)
promote a “design-led approach” to development and identify some important
design criteria, including the need to enhance local context.
11. Similarly, Policy SP11 in ‘Haringey’s Local Plan Strategic Policies’ (dated March
2013 and subsequently consolidated) provides that new development should
“enhance and enrich” its surroundings, respecting the local context, while
Policies DM1 and DM12 of the ‘Development Management DPD’ (adopted in July
2017) focus on delivering high quality design, specifically in relation to
residential extensions (among other things).
12. The Council’s ‘House Extensions in South Tottenham Supplementary Planning
Document’ (which was adopted in 2013) is also relevant but it does not have
the force of the statutory Development Plan. It does, however, provide a
definition of a “type 3” loft extension (referred to in the planning application
form). Such extensions are identified in the guidance as one of the “approved
ways in which homes may be extended at roof level” and are described as a “a
full 2nd floor extension with loft accommodation at 3rd floor level possible
within pitched roof, in materials to match”.
13. In this case, the additional storey would be somewhat clumsy and ungainly in
appearance, even though it would reflect some other developments that have
Appeal Decision: APP/Y5420/D/23/3323811
3
taken place in the vicinity, including elsewhere in Wellington Avenue. At the
rear, the proposed first floor extension across the combined elevation (of
numbers 2 and 4) would incorporate a flat roofed volume, with pitched roof
margins. It would add to the bulk and awkwardness of the project, creating an
unattractive and overly intrusive construction. The effect on the outlook from
neighbouring properties would be unacceptable in planning terms. Moreover,
the visual impact of the flank wall of number 2 (with its additional rear
extension) would be especially dominant and intrusive.
14. Evidently, the appeal site lies within an established urban area, which is
“sustainable” in planning terms, and the proposed development would make
substantial additions to the existing houses. The Council’s design guidance is
important but it cannot be determinative and each case must be determined on
its own merits, taking account of all the material planning considerations. In
this case, I am convinced that the harm that would be done to the character
and appearance of the original houses and their surroundings clearly outweighs
the benefits of the project.
15. Hence, I have concluded that the scheme before me would conflict with both
national and local planning policies (including the Development Plan) and that
it ought not to be allowed. Although I have considered all the matters that
have been raised in the representations, I have found nothing to cause me to
alter my decision.
Roger C. Shrimplin
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 16 August 2023
by R C Shrimplin MA(Cantab) DipArch RIBA FRTPI FCIArb MCIL
an Inspector appointed by the Secretary of State
Decision date: 14 September 2023.
Costs Application in relation to Appeal Ref: APP/Y5420/D/23/3323811
Land at 2 & 4 Wellington Avenue, Tottenham, Haringey, London N15 6AS
• The application is made under the Town and Country Planning Act 1990, sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr H. Friedman for a full award of costs against the London
Borough of Haringey Council.
• The appeal was made against the refusal of planning permission for “erection of a type
3 loft extension together with a first floor rear extension across number 2 and 4
following recent appeal”.
Formal Decision
1. I refuse the application for an award of costs against the London Borough of
Haringey Council.
Submissions on behalf of Mr H. Friedman (the Appellant)
2. The appellant points out the aims of the costs regime and argues that the
Council’s decision-making has been inconsistent and unfair. It is submitted
that other projects in the local area have had strong similarities to the
proposals in this appeal and that they have been granted planning permission
whereas this planning application was refused by the Council.
3. It is asserted by the appellant that this amounts to unreasonable behaviour by
the local planning authority and that they have not substantiated their reason
for refusal in this appeal. Hence, the appellant claims the entire costs of the
appeal.
Submissions by the London Borough of Haringey Council.
4. The Council have defended their refusal of planning permission based on the
particular context of the appeal site and its surroundings and they have
identified other cases where similar decisions had been made, refusing
planning permission. They have pointed out differences between this appeal
scheme and cases where planning permission has been granted by the local
planning authority.
5. The Council refer to the principle that every case must be considered on its
own merits and argue that they have justified the refusal of planning
permission in this case.
Appeal Decision: APP/Y5420/D/23/3323811
2
Reasons
6. The ‘Planning Practice Guidance’ advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying
for costs to incur unnecessary or wasted expense in the appeal process.
7. I acknowledge that each proposal must be judged on its own merits and I
accept that the Council have distinguished this case from others where
planning permission has been granted. Indeed, I have taken account of the
location of the appeal site, and of its surroundings in the appeal decision,
having regard to the relevant planning policies and guidance, and the appeal
has been dismissed.
8. In short, therefore, I find that unreasonable behaviour resulting in unnecessary
or wasted expense, as described in the ‘Planning Practice Guidance’, has not
been demonstrated. Hence, I have refused the application for costs against the
London Borough of Haringey Council.
R C Shrimplin
INSPECTOR
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