Part single, part two storey rear extension with 2no. roof lanterns and 2no. rooflights. (Amended plans and proposals.) Decision
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Extensions
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 25 February 2025
by M Aqbal BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 02 April 2025
Appeal Ref: 6000037
33 Westbrook Crescent, New Barnet Barnet EN4 9AS
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Mr Shkelqim Nimani against the Council of the London Borough of Barnet.
• The application Ref is 24/3039/HSE.
• The development proposed is part single, part two storey rear extension with 2no. roof lanterns and
2no. rooflights. (Amended plans and proposals.)
Decision
1. The appeal is dismissed.
Preliminary Matters
2. The application was made in the name of Mr Dashamir Lumaj and the agent is
identified as Mr Shkelqim Nimani. Subsequently, Mr Damashir Lumaj has
confirmed that Mr Shkelqim Nimani is acting on behalf of them and the appeal
proceeds on this basis.
3. The description of the development on the application form is: ‘Proposed single
storey 5m rear extension; Proposed part 3m 1st floor extension. - Loft Conversion:
Full width rear dormer and 2 velux windows to the front elevation.’ The appellant
advises that the description was changed during the application process because
the local planning authority (‘LPA’) requested some changes to be made because
the proposed alterations to the roof were considered permitted development and an
amendment was made to the first floor roof of the proposed extension (‘amended
proposal’). The LPA determined the appeal on the basis of the amended proposal
and my Decision reflects this.
4. During my visit, I observed that the roof alterations in the form of the rear dormer
had been considerably advanced. Therefore, my assessment of the appeal
includes this.
Main Issue
5. The main issue is the effect of the proposal on the appeal property and character
and appearance of the area.
Reasons
6. The appeal site comprises a two storey, semi-detached dwelling and associated
amenity space. The surrounding area is predominantly residential in character and
comprises two-storey, semi-detached dwellings, most of which have single storey
rear extensions, and some which of have rear dormers.
Appeal Decision: 6000037
2
7. In addition, the appellant has referred me to examples of other rear extensions in
the area, which incorporate first floor elements. Therefore, and whilst the LPA has
suggested that other larger ground floor and first floor extensions were allowed
under different circumstances, these still inform the character and appearance of
the area.
8. The proposal is for a part single and part two-storey rear extension. The single
storey part of the proposed extension, would be about 5m deep, which exceeds the
3.5m depth for rear extensions to semi-detached houses, as set out in the
Supplementary Planning Document: Residential Design Guidance October 2016
(‘Design SPD’). However, the Design SPD is guidance and does state that on
widely spaced semi-detached or detached houses, there may be more scope for
larger rear extensions.
9. In this case the adjoining property at 35 Westbrook Crescent, already incorporates
a single storey extension and the proposed single storey extension would not
significantly project beyond the rear of this existing extension. The dwelling on the
other side (31 Westbrook Crescent) is separated by the width of an existing
access. As such, because of this widely spaced arrangement relative to this
property and the existing extension at 35 Westbrook Crescent, the single storey
part of the proposed extension, despite its depth would not result in any significant
sense of enclosure, loss of outlook and light for neighbouring properties.
10. Similarly, the two-storey part of the proposed extension, because of its separation
from neighbouring properties and limited depth, the proposed two-storey element,
would not result in any unacceptable impact on neighbours.
11. In the context of the surrounding area, the existing property which incorporates a
dormer and retains a sizeable garden, the proposed extension would not be unduly
bulky or prominent.
12. Nevertheless, the first floor part of the proposed extension incorporates a gabled
roof form and although on the amended proposal this is shown projecting off the
original roof slope of the appeal property, if this appeal succeeds it is more than
likely that this would extend off the ‘as built’ roof form, which now incorporates a
rear dormer. In particular, the gabled roof of the proposed first floor extension
would be attached to and would obscure part of the dormer. This uncharacteristic
arrangement reflects poor design and would harm the appearance of the appeal
property and detracts from the character and appearance of the area, where in
general first floor rear extensions remain separate from dormers.
13. I am aware that the appellant has amended the design of the roof of the first floor
part of the extension based on the LPAs advice and an alternative design exists for
this as shown on the original drawings submitted with the application. Even so, and
for the reasons already given, I have determined the appeal on the basis of the
amended proposal.
14. Accordingly, I find conflict with Policy DM01 of the Development Management
Policies Development Plan Document (September 2012) and Policy CS5 of the
Local Plan Core Strategy (September 2012) and Policy D3 of the London Plan
(2021). Together, these policies require proposals to be of high quality that
preserve or enhance local character.
Appeal Decision: 6000037
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Conclusion
15. For the above reasons, I conclude that the appeal should be dismissed
M Aqbal
INSPECTOR
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