Part single, part two storey side and rear extensions
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Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 26 November 2024
by A Tucker BA (Hons) IHBC
an Inspector appointed by the Secretary of State
Decision date: 05 December 2024
Appeal Ref: 6000008
83 Uphill Road, Mill Hill, Barnet, London NW7 4QD
• 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 Brian Giandoni against the decision of the Council of the London
Borough of Barnet.
• The application Ref is 24/1511/HSE.
• The development proposed is part single, part two storey side and rear extensions.
Alterations and extensions to roof including 1no. front dormer window, 2no. side dormer
windows and 2no. rooflights to both side elevations.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. I have used the description of development suggested by the Council and
agreed by the appellant as it more accurately describes the proposal than the
description entered on the application form.
3. The Council is in the process of reviewing its Local Plan. The review is at an
advanced stage; however, its policies will be of limited weight in the context of
the main issues of the appeal.
Main Issues
4. The main issues are the effect of the proposal on the character and appearance
of the area, and the living conditions of those who occupy the adjacent
dwellings.
Reasons
Character and appearance
5. The existing dwelling is on a road that is characterised by large mid-20th
century dwellings, that are mostly individually designed, set back from the
road, and on generously sized plots. Many dwellings have been redeveloped or
rebuilt recently. As a result, the architectural styles are mixed, although
consistencies remain in terms of overall scale and building lines. Dwellings are
detached, and gaps between them are important to retain a rhythm of
individual dwellings and give an opportunity to view other features such as
mature trees growing in rear gardens, which contributes to a sense of
spaciousness.
Appeal Decision 6000008
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6. The existing dwelling has a substantial footprint. However, owing to its low
eaves to the front and single front facing first floor window, it has a modest
cottage-like scale. It contributes to the character and appearance of the area in
its current form, and the generous gap at first floor between it and its southerly
neighbour is a positive characteristic – serving to break up the mass of built
form. The proposal would see the dwelling radically altered. It would be
tantamount to a full replacement, and would leave no trace of its existing form
or scale.
7. Whilst the outcome would be a dwelling that would be similar to many of the
redeveloped plots nearby, it would extend right up to its southerly boundary
and as a result the gap between it and the dwelling to the south would be
substantially less. Reducing this gap would limit the existing outlook from the
street and would make the streetscene more developed, especially as the
massing of the dwelling would be substantially increased by the proposal.
8. The change to the massing of the existing dwelling and its extension to the
south to close the gap between it and its neighbour would have a harmful
impact on the character and appearance of the area that includes the existing
sense of spaciousness.
9. The Council also refers to the harmful impacts at the rear. Although the
proposal would see the dwelling substantially extended at the rear, the impact
of these extensions would only be felt by a few immediate neighbours.
Extending at the rear would have little impact on the character and appearance
of the wider area.
10. In summary, the proposal would harm the character and appearance of the
area. It would be contrary to Policy D3 of The London Plan 2021, Policies CS1
and CS5 of the Core Strategy Development Plan Document September 2012
(CS), and Policy DM01 Development Management Policies Development Plan
Document September 2012 (DPD). Together these Policies seek to ensure that
development is well designed and positively responds to local distinctiveness
and character.
Living conditions
11. The dwelling is to the southwest of no. 85 Uphill Road. Currently the extensions
at the rear of no. 85 step back at first floor level to broadly align with those at
the rear of the appeal property, in a neighbourly fashion. The proposal would
see this relationship change significantly, as the rearward extensions would
extend out considerably alongside the boundary with this neighbour, and owing
to its orientation would cast shade upon the neighbouring dwelling and its
immediate environs.
12. The submissions show that the proposal would not cross a 45 degree line
measured from a first floor window. The closer window is a bathroom window,
and this would not normally be subject to such an assessment. However, the
proposal would be close to this window and extend out significantly from it,
thus reducing levels of natural light that serve this room. It is therefore an
aspect of the proposal’s impact that weighs against it.
13. No assessment is carried out in relation to the ground floor lantern light. The
proposal would reduce daylight and outlook for this opening as a result of its
scale and proximity, and it is reasonable to assume that the lantern light is an
Appeal Decision 6000008
3
necessary feature given the deep floor plan of this neighbouring dwelling. The
impact on daylight reaching the bathroom window would add to this adverse
effect, and there would also be an impact on levels of light reaching the
neighbour’s patio. Additional harm would arise from the mass of the proposal in
such close proximity to the neighbour and the boundary, which would reduce
outlook and lead to a sense of feeling hemmed in. For these reasons the
proposal would have an adverse impact on the living conditions of the
occupiers of this neighbouring dwelling.
14. With regard to the proposed relationship with the other neighbour – no. 81
Uphill Road – the two storey elements of the proposal would be appropriately
stepped back to create a neighbourly relationship and ensure that they are not
overbearing. The single storey extensions on this side would be similar to the
existing, and in any case the impact would be less owing to the orientation as
the proposal would not result in the loss of light, which is an impact that
contributes to a poor neighbourly relationship.
15. In summary, the proposal would harm the living conditions of the occupiers of
no. 85 Uphill Road. It would be contrary to Policy CS5 of the CS and Policy
DM01 of the DPD. Together these seek to ensure that development proposals
should be well designed to allow for adequate daylight, sunlight, privacy and
outlook for all users.
Conclusion
16. For the reasons above, the appeal should be dismissed.
A Tucker
INSPECTOR
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