Removal of existing roof and attic floor area, rear conservatory, ground floor side and rear elevation extensions. Reconstruction of single storey house to create two storey house with rear two storey rear and side extension, three dormer windows to rear elevation, and rear balcony at first floor level. Addition of central two storey extension with entrance porch at ground level and addition of five skylights to new roof area in front elevation. A small excavated area to the rear to
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Residential Amenity
Heritage & Conservation
Extensions
Inspector’s Reasoning
Appeal Decision
Site visits made on 30 April 2024 & 30 May 2024
by Elaine Gray MA(Hons) MSc IHBC
an Inspector appointed by the Secretary of State
Decision date: 18 June 2024
Appeal Ref: APP/P2935/D/24/3338180
Cottingburn House, 40 Bullers Green, Morpeth, Northumberland NE61 1DE
• 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 Ms Natalie Younes against the decision of Northumberland
County Council.
• The application Ref 23/04295/FUL, dated 19 November 2023, was refused by notice
dated 15 January 2024.
• The development proposed is removal of existing roof and attic floor area, rear
conservatory, ground floor side and rear elevation extensions. Reconstruction of single
storey house to create two storey house with rear two storey rear and side extension,
three dormer windows to rear elevation, and rear balcony at first floor level. Addition of
central two storey extension with entrance porch at ground level and addition of five
skylights to new roof area in front elevation. A small excavated area to the rear to
improve vehicle access to the basement garage area.
Decision
1. The appeal is dismissed.
Costs decision
2. An application for costs was made by Ms Natalie Younes against
Northumberland County Council. This application is the subject of a separate
decision.
Main Issue
3. The main issue is the effect of the proposed development on the living
conditions of neighbouring residents at Bow Villa, with particular regard to
outlook.
Reasons
4. The appeal site is a single storey cottage built on a long linear plan form, with
brick elevations and a pitched tiled roof. It is proposed to add a second storey
to the building, with rear and side extensions, and a new garage at basement
level. The proposed development is a resubmission following the refusal of
planning application ref: 23/02520/FUL, which was refused on the grounds of
design and amenity. The Council are satisfied that the design issues have been
resolved with the new scheme.
5. Nonetheless, they maintain their objection to the new proposal on the grounds
of harm to living conditions at the adjacent Bow Villa, which sits immediately to
the south of the appeal site. Bow Villa is a two storey building that has been
Appeal Decision APP/P2935/D/24/3338180
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divided into flats. On the first floor of the northern elevation, towards the back
of the building, is a window which looks towards the appeal site at Cottingburn
House.
6. On my second site visit, I was able to gain access to Bow Villa to view the
appeal site from this window. I saw that the room is not actively used for
living purposes at the moment, but nonetheless, it could be returned to use as
a bedroom or a living room at any time.
7. Looking approximately north-west from the window, the view is dominated by
the gable end and roof of Cottingburn House, with only the view of the sky
above giving a sense of openness in this direction. Looking approximately to
the north-east, the view is curtailed by the heavy tree cover behind the appeal
site. Looking straight out the window, one can see across the rear roof slope
towards the blank south elevation of Bolland Mews, which lies to the north of
the site. Taking these factors together, the outlook from the window is already
quite limited.
8. I saw that this room appears to have had a second window in the rear
elevation of Bow Villa. However, this opening is now blocked, and there is little
in the evidence before me to show any prospect of its being reinstated. That
being the case, the north-facing window provides the only outlook for
inhabitants of the room in question.
9. Given the small distance between the two buildings, the addition of a second
storey at the appeal site would severely curtail the already restricted outlook
from the window. Views to the north and north-west would be almost
completely obstructed by the end wall of the new second storey. Glimpse
views of the sky and the trees to the north-east would remain, but that would
be the extent of the outlook with the new development in place.
10. In support of their case, the appellant submits a drawing showing a 25 degree
line taken from the centre of the Bow Villa window towards the development.
The 25 degree line is a well-established rule of thumb guide as to whether a
new building will adversely affect the diffuse natural daylight enjoyed at an
existing building. The proposed hipped roof will ensure that the Bow Villa
window receives enough daylight. However, this rule does not take into
account the effect on outlook from a new development.
11. I note that no objections to the scheme have been received from tenants at
Bow Villa, or from the owner of Bow Villa, who lives elsewhere. Nonetheless,
the planning system operates in the wider public interest, and this
circumstance does not outweigh the duty to assess proposals for development
against the relevant local and national planning policies.
12. In summation, then, I conclude that the proposed development would
unacceptably harm the living conditions for existing or future residents at Bow
Villa with particular regard to outlook. It would therefore conflict with Policy
QOP 2 of the Northumberland Local Plan (NLP), which requires the physical
presence and design of new development to preserve the character of the area
and not have a visually obtrusive or overbearing impact on neighbouring uses.
Conflict also arises with NLP Policy HOU 9, insofar as it resists extensions that
would have a significant adverse impact on the amenity of adjoining properties
in terms of unacceptable loss of visual outlook, and with the National Planning
Appeal Decision APP/P2935/D/24/3338180
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Policy Framework, which seeks to safeguard a high standard of amenity for
existing and future land users.
Other matters
13. Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act
1990 (the Act) requires, when considering whether to grant planning
permission for development which affects a listed building or its setting, that
special regard be had to the desirability of preserving the building, or its
setting. Section 72(1) of the Act requires special attention to be paid to the
desirability of preserving or enhancing the character or appearance of
conservation areas in the exercise of planning functions.
14. The appeal site is located in the Morpeth Conservation Area, and is within the
setting of two grade II listed buildings, which are Bow Villa and Bolland Mews.
From the evidence before me, I am satisfied that the proposal would preserve
the character and appearance of the conservation area, and also the settings of
the listed buildings, and so the above duties are satisfied.
Conclusion
15. For the reasons above, the proposed development is contrary to the
development plan as a whole, and so the appeal is dismissed.
Elaine Gray
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 30 April & 30 May 2024
by Elaine Gray MA, MSc, IHBC
an Inspector appointed by the Secretary of State
Decision date: 18 June 2024
Costs application in relation to Appeal Ref: APP/P2935/D/24/3338180
Cottingburn House, 40 Bullers Green, Morpeth, Northumberland NE61 1DE
• 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 Ms Natalie Younes for a full award of costs against
Northumberland County Council.
• The appeal was against the refusal of planning permission for removal of existing roof
and attic floor area, rear conservatory, ground floor side and rear elevation extensions.
Reconstruction of single storey house to create two storey house with rear two storey
rear and side extension, three dormer windows to rear elevation, and rear balcony at
first floor level. Addition of central two storey extension with entrance porch at ground
level and addition of five skylights to new roof area in front elevation. A small excavated
area to the rear to improve vehicle access to the basement garage area.
Decision
1. The application for an award of costs is refused.
Reasons
2. Parties in planning appeals normally meet their own expenses. However, the
Planning Practice Guidance (PPG) 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. Local
planning authorities are required to behave reasonably in relation to procedural
matters at the appeal, and also with respect to the substance of the matter
under appeal.
3. Previously, planning application ref: 23/02520/FUL had been refused for the
enlargement of Cottingburn House on the grounds of design and amenity. The
appeal scheme included revisions intended to address the Council’s concerns
over the initial proposal. The gist of the appellant’s case is that the appeal to
which the costs application relates was unnecessary and could have been
avoided if the Council had held further discussions over the new scheme. She
is also concerned that the Council did not communicate their intention to refuse
the planning application prior to issuing the decision notice.
4. I note that the physical form of the proposed new roof was revised in an
attempt to alleviate the effect of the development on outlook from a habitable
room at the neighbouring Bow Villa. The appellant also submitted a drawing
showing the application of the 25 degree rule between Bow Villa and the
proposed first floor extension at the appeal site. Furthermore, she provided
floor plans for Bow Villa dating from the application for the conversion of the
building to flats.
Costs Decision APP/P2935/D/24/3338180
2
5. Firstly, although the appellant’s frustration is understandable, there is no duty
on Council officers to contact applicants prior to the determining of planning
applications. Therefore, there has been no unreasonable behaviour on the part
of the Council in this particular respect.
6. Secondly, there can be no certainty that the outcome of the planning
application would have been different had the Council held further discussions
prior to making their determination. It is entirely usual for Councils to seek
further information, as in this case, to assist in making a full and proper
assessment of a proposal. However, this does not indicate or imply that the
proposal will be found to be acceptable. The Council’s concerns over harm to
the outlook from Bow Villa remained, and as may be seen from my main
decision, I have agreed with their position, based on the evidence before me.
7. In summation, then, I have found no unreasonable behaviour on the part of
the Council. The appeal was necessary in order to examine the matters at
hand, and there is no evidence that it could have been avoided by further
discussion between the parties.
Conclusion
8. I therefore find that unreasonable behaviour resulting in unnecessary or
wasted expense, as described in the PPG, has not been demonstrated.
Accordingly, an award of costs is not justified.
Elaine Gray
INSPECTOR
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