Single storey rear and side extension, two storey side extension and dormers to front and rear roof slopes
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Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 February 2026
by John Pearce MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 23rd March 2026
Appeal Ref: 6001554
2 Kendal Close, Hullbridge, Essex SS5 6DW
• 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 James Yates against the decision of Rochford District Council.
• The application Ref is 25/00111/FFUL.
• The development proposed is single storey rear and side extension, two storey side extension and
dormers to front and rear roof slopes.
Decision
1. The appeal is allowed and planning permission is granted for single storey rear
and side extension, two storey side extension and dormers to front and rear roof
slopes at 2 Kendal Close, Hullbridge, Essex SS5 6DW in accordance with the
terms of the application, Ref 25/00111/FUL, 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
drawings titled ‘location and block plan’ and ‘existing and proposed plans for
a loft conversion and single storey extensions’ Revision 1.
3) The external materials of the development hereby permitted shall match
those used in the existing dwelling.
Preliminary Matter
2. The description of development in the heading above and the formal decision has
been taken from the planning application form. Neither of the main parties has
provided written confirmation that a revised description of development as set out
in the decision notice has been agreed. Accordingly, I have used the description
given on the original application form. I do not consider that this has prejudiced
any of the parties and I have proceeded with the appeal on this basis.
Main Issue
3. The main issue is the effect of the proposed development on the character and
appearance of the area.
Reasons
4. The appeal site comprises a detached dwelling forming a plot to the corner of
Ferry Road and Kendal Close. The existing single-storey dwelling is set back from
the Ferry Road frontage and is set in from the side boundaries. Development in
Appeal Decision 6001554
2
the area typically consists of a mix of chalet-style and single-storey dwellings set
back from the front boundaries.
5. There is a prevalence of dormer windows of varying sizes within the roof slopes of
dwellings in the area. Within the front roof slopes in the area, dormer windows
typically have a flat roof finish set below the ridge and are positioned centrally with
verges on either side. Large dormer additions with a limited height difference to
the ridges are evident close to the site, including at No 1 Kendal Close.
6. The scheme includes flat roof dormer additions within the front and rear roof
slopes. The flat roof finish would reflect the prevailing form of dormer windows in
the area. In addition, the dormers would be set away from the eaves and below
the ridge of the dwelling. Whilst large, the dormers would occupy a central
position within the roof slopes and would be set away from the sides of the roof.
The size of the verges to either side of the dormers, as well the distance from the
eaves, would accord with the advice set out in paragraph 8.2 of the
Supplementary Planning Document 2 Housing Design 2007.
7. The proposal includes a two-storey side extension to one end of the dwelling and
a single-storey extension to the other end that would project beyond the rear
elevation. The two-storey side extension would elongate the dwelling, but would
retain the existing form of the dwelling. Moreover, the extension would be set in
from the side boundary and would retain a considerable separation from the rear
elevations of dwellings fronting Lower Road.
8. I conclude that the proposal would not harm the character and appearance of the
area. The development therefore accords with Policy DM1 of the Development
Management Plan 2014, which requires amongst other things that proposals have
a positive relationship with existing and nearby buildings.
Other Matters
9. The first floor windows within the rear elevation would be fitted with obscure
glazing and would prevent harmful overlooking towards the neighbouring dwelling
at No 4 Kendal Close (No 4) to the rear of the site. While the first floor window
serving one of the bedrooms would not be fitted with obscure glazing, the position
of the window would only provide views towards the front of the No 4. Accordingly,
the proposal would not lead to a loss of privacy for occupants of the neighbouring
dwelling.
10. The two-storey extension would enlarge the dwelling to the side, but would be set
in from the side and rear boundaries. Due to the orientation, the limited scale of
the development and separation from the neighbouring dwellings, the proposal
would not result in a loss of light and would not harm the outlook of the occupants
of neighbouring properties.
11. Concerns have been raised that the proposal would reduce the value of
neighbouring properties. Nevertheless, the Planning Practice Guidance (PPG)
notes that the courts in general have taken the view that planning is concerned
with land use in the public interest, so that the protection of purely private interests
such as the impact of a development on the value of a neighbouring property or
loss of private rights to light could not be material considerations.
Appeal Decision 6001554
3
12. Schedule 7A of the Town and Country Planning Act 1990 (as amended)
introduced a statutory framework for biodiversity net gain, and it applies to all
planning applications for non-major development submitted on or after 2 April
2024. Under the statutory framework, subject to some exceptions, every grant of
planning permission is deemed to have been granted subject to the Biodiversity
Gain Condition (BGC), which requires that at least a 10% increase in biodiversity
value is met. However, the PPG states that the BGC does not apply to
householder development, such as the appeal proposal.
Conditions
13. In addition to the standard time limit condition, I have imposed a condition
requiring that the development is carried out in accordance with the approved
plans. This is in the interests of certainty.
14. In order to protect the character and appearance of the host property and the area,
it is necessary to impose a condition requiring the external materials used in the
construction of the development to match those of the existing building.
15. The Council have suggested a condition to be included requiring that obscure
glazing is installed within some of the first floor windows in the rear elevation.
However, the plan includes annotations detailing that some of the windows would
be fitted with obscure glazing. An additional condition to this effect would therefore
be unnecessary.
Conclusion
16. For the reasons given above the appeal should be allowed.
John Pearce
INSPECTOR
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