Internal alterations, single storey rear extension and additional roof dormers
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Extensions
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 December 2023
by Gary Deane BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date:21.12.2023
Appeal Ref: APP/P2745/D/23/3331514
Greenfields, Knox Park, Killinghall, North Yorkshire HG3 2AF
• 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 A Watson against the decision of North Yorkshire Council.
• The application Ref ZC23/01996/FUL, dated 25 May 2023, was refused by notice dated
25 July 2023.
• The development proposed is internal alterations, single storey rear extension and
additional roof dormers.
Decision
1. The appeal is allowed, and planning permission is granted for internal
alterations, single storey rear extension and additional roof dormers at
Greenfields, Knox Park, Killinghall, North Yorkshire HG3 2AF in accordance with
the terms of the application Ref ZC23/01996/FUL, dated 25 May 2023, subject
to the following conditions:
1) The development hereby permitted shall begin not later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans entitled: Existing Plans, Existing
Elevations, Block Plan – Proposed, Proposed Plans Revision C, Proposed
Elevations Revision C and the Location Plan.
Procedural matters
2. An application for costs was made by the appellant against the Council. This
application is the subject of a separate decision.
3. While the appellant has described the proposal as in the above heading the
Council has referred to it as the erection of a front extension including
alterations to the roof, dormer windows and a single storey rear extension
together with alterations to the fenestration and materials. From my inspection
of the drawings, I consider that the Council’s more fully reflects the
development sought. I have assessed the appeal scheme on that basis.
4. Killinghall Parish Council has described the plans as poor and restricted to the
site only. I have taken this concern into account in my assessment of the
proposal, which is based on all the submitted evidence and an inspection of the
site and its surroundings. On that basis, I am satisfied that the details of the
appeal scheme as shown on the drawings and detailed in the written evidence
allow a reasonable assessment of the development sought.
Appeal Decision APP/P2745/D/23/3331514
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Main issue
5. The main issue is the effect of the proposed development on the character and
appearance of the host building and the local area.
Reasons
6. The appeal property is a detached bungalow that faces Knox Hill, which is a
short residential cul-de-sac along which detached dwellings of individual design
and size predominate. Like the properties on either side of the site,
Greenfields occupies an elevated position to the road due to the notable
difference in ground levels. The dwelling has a relatively wide front elevation
compared to its depth into the good-sized landscaped plot. The walls of the
dwelling are predominantly brick. The main roof is dual pitched with a taller
middle section and there is a dormer on each of the front and rear roof slopes.
7. The proposed extensions would be modern in design, fenestration, and
materials with clean lines, rendered walls, flat roofs, extensive glazing and rear
dormers that include dark grey surroundings. That the existing dwelling would
also include a render finish and slate effect roof tiles to match the new
additions would unify the overall appearance of the completed dwelling. This
approach would transform the existing dwelling into a single homogenous
entity with an unapologetic contemporary style that would be distinctive. The
modest scale and traditional style of the bungalow and its unassuming low-key
presence in the street scene would firmly give way to a mainly 2-storey house
with a modern, rectilinear design and a general appearance that would gain
prominence in the streetscape and make its own strong visual statement.
8. The completed building would be far larger than the existing dwelling with
extended front and rear elevations and an enlarged footprint. The visually
strong horizontal lines primarily formed by the new flat roofs and the pattern of
fenestration would accentuate the considerable width and scale of the new
additions. When seen from the road, the front extension would be a prominent
feature in the new front elevation, standing forward of the main wall and
projecting well into the roofscape of the host building. Similarly, the new
dormer on the central roof slope and the ground floor addition would also be
highly conspicuous features in the new rear elevation given their scale and flat
roof design. Even so, taken as a whole, the finished dwelling would be
reasonably well-proportioned with appropriately sized window openings and a
sense of balance to its front and rear facades. Despite the contrasting roof
forms, there would be no visual disharmony between the flat and pitched roof
elements. Overall, the appeal scheme would be in keeping with the qualities
and character of an individually designed house.
9. The area within which Greenfields is located, whilst having a coherent
residential character, is capable of successfully accommodating a variety of
dwellings in terms of style, size, and appearance. The enlarged property would
stand confidently and comfortably within the landscaped plot. It would be
compatible in its varied residential context, which is one of harmonious variety
with brick and render as dominant external materials. With good sized gardens
remaining to the front and rear, and ample space around the finished building,
the proposal would not appear as overdevelop the site.
10. The proposal does not seek subservience to the original house. As such, it is at
odds with some of the advice within the Council’s Supplementary Planning
Appeal Decision APP/P2745/D/23/3331514
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Document, House Extensions and Garages Design Guide (SPD). Nevertheless,
the overall composition and form of the completed dwelling would be
acceptable. The appeal scheme also responds positively to the character and
spatial quality of the area in line with the advice in the SPD. The SPD also
states contemporary designs that respect local character are welcomed. That
would be the case here. To my mind, the balance of the guidance set out in
the SPD is tipped in favour of the proposed extensions and alterations.
11. On the main issue, I therefore conclude that the proposed development would
be in keeping with the character and appearance of the host building and the
local area. Accordingly, it does not conflict with Policies HP3 and HS8 of the
Harrogate District Local Plan 2014-2035 (LP) nor the advice within the SPD.
These policies and guidance broadly aim to ensure that new development
incorporates high quality design and that dwelling extensions do not have an
adverse impact on the character and appearance of the building or the
surrounding area. There is also no conflict with the National Planning Policy
Framework, which states that developments should be sympathetic to local
character and add to the overall quality of the area.
Conditions
12. In addition to the standard time limit condition, it is necessary to impose a
condition that requires the development to be carried out in accordance with
the approved plans for certainty. No further conditions have been suggested
by the Council and, from my assessment of the evidence, none are required.
Conclusion
13. There are no material considerations that indicate the proposal should be
determined other than in accordance with the development plan. For the
reasons set out above, I therefore conclude that the appeal should be allowed.
Gary Deane
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 5 December 2023
by Gary Deane BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date:21.12.2023
Costs application in relation to Appeal Ref: APP/P2745/D/23/3331514
Greenfields, Knox Park, Killinghall HG3 2AF
• 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 A Watson for a full award of costs against North Yorkshire
Council.
• The appeal was made against the refusal of planning permission for internal alterations,
single storey rear extension and additional roof dormers.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance (the 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.
3. In my view, the reasons for refusal are clearly framed and these set out the
harm that the Council considered would be caused by the proposal. Reference
is also made to relevant development plan policies and to planning guidance.
The Officer’s report, which inevitably is a summary assessment of the proposal,
elucidates these concerns succinctly in Section 5. It does so with realistic and
specific evidence given about the consequences for the host building and the
local area if the development were to proceed. While the applicant disagrees
with that assessment, the Council’s evidence is sufficient to justify its stance.
4. The Officer’s report does not explicitly refer to previous decisions that approve
developments on the site or schemes elsewhere that the applicant says were
greater in scale than the proposal. The Council has explained that it did not
regard any of these other proposals to be directly comparable with the proposal
and so were not relevant. In the absence of full background details to any of
these planning decisions, I am unable to gauge their relevance, one way or the
other. Nevertheless, it is a central planning principle that each development
should be assessed on its own merits. In those circumstances, it seems to me
that the Council was not unreasonable in focusing on the proposal in hand.
5. In an email dated 18th July 2023, the Council outlined its concerns to the
applicant and indicated that the application would be recommended for refusal
Costs Decision APP/P2745/D/23/3331514
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if it were not withdrawn. The second paragraph of that email sets out in some
detail the key objections and the changes required to make the scheme more
acceptable to the Council. A deadline of 24th July was given for the applicant to
reply with the Council’s decision issued the following day.
6. Had more time been offered to the applicant to respond at that stage it is
possible that a more favourable outcome could have been achieved thereby
negating the need to ultimately pursue an appeal. However, given the
fundamental difference of opinion between the main parties on the merits of
the proposal, and the likelihood of a further application to address the
substantive changes required, I am not convinced that was a likely outcome.
7. My assessment of the effects of the proposal on the host building and the local
area differs from the Council’s approach. To my mind, this arose because I
made different judgements on the submitted evidence, rather than because of
inadequacies in the content of the Council’s case. That I came to a different
conclusion, and supported the appellant’s case, does not mean that the Council
failed to show clearly why in its view the development should not be permitted
or that it failed to substantiate its case.
Conclusion
8. Overall, I consider that the evidence produced provides a respectable basis for
the Council’s stance. I conclude that unreasonable behaviour resulting in
unnecessary or wasted expense, as described in the Guidance, has not been
demonstrated. Therefore, the application for an award of costs is refused.
Gary Deane
INSPECTOR
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