Ground floor rear and side extension to replace existing garage and conservatory. Adaptation of existing roof form to hip to gable and conversion of existing loft into bedroom accommodation with the provision of a rear dormer window
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Heritage & Conservation
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 December 2023
by Lynne Evans BA MA MRTPI MRICS
an Inspector appointed by the Secretary of State
Decision date: 2nd January 2024
Appeal Ref: APP/Z5630/D/23/3327941
140 King Charles Road, Surbiton, Kingston Upon Thames, KT5 8QN
• 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 D Mustajbasic against the decision of the Council of the
Royal Borough of Kingston upon Thames.
• The application Ref: 23/00836/HOU dated 28 March 2023, was refused by notice dated
26 May 2023.
• The development proposed is ground floor rear and side extension to replace existing
garage and conservatory. Adaptation of existing roof form to hip to gable and
conversion of existing loft into bedroom accommodation with the provision of a rear
dormer window.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The Council has confirmed that planning permission was granted by the Council
for a similar form of development in November 2022 under its reference
22/02144/HOU. The principal difference with the proposal now before me
relates to the proposed change from hip to gable extension and associated
works at roof level. I shall therefore focus my attention on that part of the
overall proposal.
3. The National Planning Policy Framework (Framework) was revised in December
2023. Although some of the paragraph numbering has changed, I do not
consider that there are any material changes in the Framework, pertinent to
this appeal proposal. I do not therefore consider it necessary to seek the views
of the Appellant or the Council on the revised Framework.
Main Issue
4. The main issue in this appeal is the effect of the proposed gable end extension
on the character and appearance of the existing property, the semi-detached
pair and on the Fishponds Park Conservation Area.
Reasons
5. The appeal property is a semi-detached property, appearing to date from the
very late Victorian / Edwardian period on the west side of King Charles Road to
the immediate north of Fishponds Park. It is situated in a predominantly
residential area and within the designated heritage asset of the Fishponds Park
Appeal Decision APP/Z5630/D/23/3327941
2
Conservation Area. The significance of the Conservation Area relates primarily
to the open space of the park and relationship with the surrounding Victorian
development. The attractive semi-detached pair, comprising the appeal
property and its neighbour, are prominent in this part of King Charles Road,
primarily because they are situated on their own between King Charles
Crescent and the Park. The Council’s Planning Information and Summary
Character Appraisal identifies the appeal property and its semi-detached
neighbour as making a positive contribution to the Conservation Area and given
their attractive form, prominence in the street scene and relationship with
Fishponds Park I agree with this finding.
6. Section 72 (1) of The Planning (Listed Buildings and Conservation Areas) Act
1990 sets out in respect of development within Conservation Areas, special
attention shall be paid to the desirability of preserving or enhancing the
character or appearance of that area.
7. The proposal would undertake a number of extensions and alterations to the
existing property but in view of the existing permission, my principal
consideration relates to the proposed hip to gable extension and associated
dormer which would extend almost the full width of the extended roof form.
Although the roof forms of the two semi-detached houses are not identical, and
the large dormer to the rear of the adjacent property is visible from within the
Park as well as from within King Charles Crescent, the hipped roof is a shared
feature together with the symmetry of their front elevations.
8. I consider that the proposed works at roof level including the proposed hip to
gable extension and associated dormer would result in a top heavy extension
which would be overly dominant in relation to the scale and proportions of the
existing dwelling. Moreover, it would unbalance the semi-detached pair of
dwellings at roof level. This would detract from their symmetry and the
contribution they make to the street scene and the character and appearance
of the Conservation Area.
9. Whilst the loss of symmetry to the semi-detached pair would be primarily seen
from King Charles Road, the roof change and bulky roof additions would be
highly visible and overly prominent in views from within Fishponds Park. It
would detract from the existing relationship between the Park and the
surrounding built development. This would harm the character and appearance
of the Conservation Area.
10. I therefore conclude that the proposed development, with particular reference
to the hip to gable roof extension and associated dormer and roof works would
harm the character and appearance of the existing dwelling and the semi-
detached pair. It would also harm and would not preserve the character and
appearance of the Fishponds Park Conservation Area. This would conflict with
Policy HC1 of the London Plan, Policies CS8 and DM12 of the Core Strategy
2012 and the Residential Design SPD 2013, as well as the Framework and in
particular Sections 12 and 16, all of which, amongst other matters, seek for a
high quality of design which respects the local context and the significance of
heritage assets.
11. Paragraph 208 of the Framework sets out that where a development proposal
will lead to less than substantial harm to the significance of the designated
heritage asset, this harm should be weighed against the public benefits of the
proposal. The proposal would lead to some small benefits to the local economy.
Appeal Decision APP/Z5630/D/23/3327941
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Whilst the harm to the designated heritage assets of the Conservation Area
would, in my view, be less than substantial, the public benefits would not be
sufficient to outweigh that harm.
Conclusion
12. The proposal would not accord with the development plan and there are no
other material considerations to override this finding. For the reasons given
above and having regard to all other matters raised, including in
representations, I conclude that this appeal should be dismissed.
L J Evans
INSPECTOR
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