Two storey side extension, rear single storey extension and loft conversion
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Residential Amenity
Character & Appearance
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 October 2023 by A Khan BSc (Hons) MA
Decision by S Edwards BA MA MATCP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 2 April 2024
Appeal Ref: APP/G5180/D/23/3327932
High Brooms, Orpington Road, Bromley, Chislehurst BR7 6RA
• 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 Deniz Safer against the decision of the Council of the London
Borough of Bromley.
• The application Ref 23/01968/FULL6.
• The development proposed is a two storey side extension, rear single storey extension
and loft conversion.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Preliminary Matter
3. The Government published a revised version of the National Planning Policy
Framework (Framework) in December 2023. Whilst I have had regard to the
revised national policy as a material consideration, planning decisions must still
be made in accordance with the development plan unless material
considerations indicate otherwise. In this instance, the issues most relevant to
the appeal remain unaffected by the revisions to the Framework. I am
therefore satisfied that there is no requirement to seek further submissions on
the revised Framework, and that no party would be disadvantaged by such a
course of action.
Main Issue
4. The main issue is the effect of the proposal on the character and appearance of
the area.
Reasons for the Recommendation
5. The appeal property is located in a residential area predominantly characterised
by detached dwellings set significantly back from the main road and some with
gated access. The dwellings form part of the Marlings Park Estate Area of
Special Residential Character and are typically set within large and verdant
plots. Despite the partial screening provided by established vegetation, the
degree of separation between dwellings maintains a spacious character. The
pattern of development and spacing between properties, but also the mature
Appeal Decision APP/G5180/D/23/3327932
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vegetation, all contribute positively to the pleasant, spacious and suburban feel
which defines the character of this area.
6. The appeal site comprises a large dwellinghouse with an attached garage which
is set within proximity to the boundary shared with Tall Trees. As the garage is
a single storey structure with a slopped roof, the retention of a visual gap at
first floor between the appeal property and the neighbouring dwelling is clearly
evident.
7. The proposed ground floor element would extend to the rear of the property
and maintain the existing side gap distance to the boundary shared with Tall
Trees. However, and whilst the proposed first floor extension would maintain a
separation distance of 1.2 m from the flank side boundary, it would
nevertheless result in infilling of the space currently present above the garage.
It would therefore greatly reduce the existing gap between the appeal property
and Tall Trees, which presently contributes to the spacious character and
appearance of the area. Notwithstanding the intervening vegetation, the
proposal would appear as a cramped form of development which would detract
from the spacious character and appearance of the locality.
8. My attention has been drawn to other properties situated in the area, including
Squirrels and Dorlins, which extend or have large built forms in proximity to
side boundaries. In the absence of further details regarding these particular
schemes, I cannot however be certain that they represent a direct parallel to
the appeal proposal. Accordingly, very limited weight can be afforded to these
examples.
9. In conclusion, the proposal would harmfully erode the spacious character and
appearance of the area. Consequently, it would be contrary to Policy 8 of the
Bromley Local Plan. For proposals such as two-storey extensions, this policy
requires that a minimum 1 metre gap from the side boundary should be
maintained in full height and length. The policy also expects a more generous
side space to be provided in areas where higher standards of separation
already exist.
Other Matters
10. Concerns have been raised by interested parties, notably regarding the effect
of the proposal on the living conditions of neighbouring residents. Having
regard to the presented evidence and based on my observations, I am however
satisfied that the proposed development would not have a significant adverse
effect on the living conditions of these residents, having regard to outlook and
loss of light. A condition requiring windows to remain obscure glazed could
have been imposed to address privacy concerns, had I been minded to
recommend the appeal to be allowed.
Conclusion and Recommendation
11. There are no material considerations, which indicate that the appeal should be
determined, other than in accordance with the development plan. For the
reasons given above, I recommend that the appeal should be dismissed.
A Khan
APPEAL PLANNING OFFICER
Appeal Decision APP/G5180/D/23/3327932
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Inspector’s Decision
12. I have considered all the submitted evidence and my representative’s
recommendation and on that basis the appeal is dismissed.
S Edwards
INSPECTOR
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