Demolition of existing garage. Erection of double storey side and rear extension. Single storey rear extension to existing kitchen
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Heritage & Conservation
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 20 November 2023
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State
Decision date: 19TH December 2023
Appeal Ref: APP/P3610/D/23/3326068
8A Ewell Downs Road, Epsom, Surrey KT17 3BP
• 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 Gary Elston against the decision of Epsom & Ewell Borough
Council.
• The application, Ref. 23/00357/FLH, dated 22 March 2023 was refused by notice dated
9 June 2023.
• The development proposed is demolition of existing garage. Erection of double storey
side and rear extension. Single storey rear extension to existing kitchen.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposed extensions on the character and
appearance of the host dwelling, the streetscene, and The Green/Ewell Downs
Road Conservation Area, which is a designated heritage asset.
Reasons
3. The officer’s report on the application explains that whilst the appeal dwelling is
not one of the original 1920s houses identified as ‘positive’ buildings in the
conservation area appraisal, it nonetheless has similarities to them in its design
features and external materials.
4. The report also draws attention to the site being adjacent to the public footpath
which separates the older houses in Ewell Downs Road from the more recent
infill development of Chestnut Place, comprising three dwellings of a more
modern design.
5. I consider that both the pleasingly traditional appearance of the host dwelling
and its location within the street scene inform my decision on the appeal. Firstly
as regards the house itself, the Council is in my view correct to observe that the
existing attractive three-bay symmetrical frontage would become asymmetrical
as a result of the side extension.
6. The modest set back and set down of the extension relative to the host dwelling
would provide at least some amelioration to the loss of symmetry but would not
materially lessen the substantial bulk of the addition. I therefore consider that
Appeal Decision APP/P3610/D/23/3326068
2
the appeal scheme would have an unacceptably harmful effect on the character
and appearance of both the dwelling and the street scene.
7. In reaching this view I have had regard to the architectural and spatial qualities
that in combination have merited the locality’s status as a conservation area.
And in so doing I am mindful of the consequential statutory requirement that in
considering development proposals, special attention must be paid to
preserving or enhancing its character and appearance.
8. These adverse impacts would be compounded by the two-storey height on the
boundary with the footpath to The Green with the result that the latter’s setting
would be harmfully compromised, all the more so because of the proximity of
the first dwelling in Chestnut Place to the footpath.
9. Whilst this dwelling’s roof does pitch away from the footpath, as would that of
the extended appeal dwelling, the existing gap at first floor height would for the
most part be replaced by a perception of continuous built form. The harmful
effect from the loss of a spacious character in this part of the street scene
would be given further emphasis by the fact that the two dwellings are of such
contrasting appearance.
10. The grounds of appeal refer to other developments permitted by the Council in
Ewell Downs Road. However, each case must rest on its individual merits. And
even if I were to accept that these were similar in their impact to that of the
appeal scheme, it would not justify approval of a development in harmful
conflict with the relevant policies of the Borough’s development plan. These are
Policy CS5 of the Borough’s Core Strategy 2007 and Policies DM8, DM9 & DM10
of the Development Management Policies Document 2015. There would also be
partial contravention of Part 3 of the Householder Supplementary Planning
Guidance 2014.
11. Section 16: ‘Conserving and Enhancing the Historic Environment’ of
Government policy in the National Planning Policy Framework says in paragraph
202 that where development leads to ‘less than substantial harm’ to the
significance of a designated heritage asset, as is the case in this appeal, this
harm should be weighed against the public benefits of the proposal. However,
whilst there would be a small economic benefit to the local economy as a result
of the development, this would be insufficient to outweigh the harm caused.
12. For the above reasons and having had regard to all other matters raised, the
appeal is dismissed.
Martin Andrews
INSPECTOR
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