Second floor rear extension and enclosed flat roof to allow access to green roof Decision 1
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Residential Amenity
Character & Appearance
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 February 2026
by C Housden BSc(Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 25 March 2026
Appeal Ref: 6003003
10 Linton Crescent, Hastings, East Sussex TN34 1TJ
• 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 & Mrs Ben & Rachel Woodger against the decision of Hastings Borough
Council.
• The application ref is HS/FA/25/00463.
The development proposed is second floor rear extension and enclosed flat roof to allow access to
green roof
Decision
1. The appeal is dismissed.
Preliminary Matters
2. My site visit was scheduled as an access required site visit, although I was not
able to proceed on that basis. However, I was able to consider the main issues
based on seeing the site and its surrounding context from public areas and as
such my visit was carried out on an unaccompanied basis.
Main Issues
3. The main issues are the effect of the proposal on the:
• character and appearance of the host building and area: and
• the living conditions of 9 Linton Crescent, with particular regard to outlook.
Reasons
Character and appearance
4. The appeal dwelling is set in a terraced arrangement along Linton Crescent. The
properties are tall with gable outrigger extensions which are shared with one
adjoining neighbour, leaving a gap with the other. The land levels of the area rise
up with the terrace which is reflected in the stepped appearance of the dwellings
and associated gable outriggers which provides rhythm and consistency in the
appearance of the terrace which positively contributes to the character of the area.
Whilst the rear of the properties along Linton Crescent have been subject to
various extensions, nevertheless the stepped height and pitched gable outriggers
remain broadly consistent across the properties. To the rear of the terrace lies a
public right of way which allows for direct views of the rear of the terrace.
5. The proposal would add a flat roof extension along with additional walls enclosing
a flat roof area set on top of the existing outrigger. The proposal would represent a
Appeal Decision 6003003
2
fairly modest increase in the overall floor area of the building and would retain the
facing gable of the outrigger. However, this additional storey of development
above the roofline of the existing outrigger would nevertheless harmfully disrupt
the regular stepped heights of the terrace and result in an unbalanced appearance
with the other half of the outrigger extension. In addition, the flat roof design and
the form of the extension set on top of the pitched roof would be distinctly out of
keeping with the appearance of the other pitched roofs of the rear outrigger
elevations. As such, the proposal would result in harm to the character and
appearance of the host building and area.
6. The proposed materials comprise light coloured brickwork which the appellant
contends would reflect the original base material of the properties. However, it
would contrast with the painted rendered finish of the properties within the terrace.
As such, these contrasting materials would highlight the incongruous nature of the
proposed extension with the host property and wider terrace.
7. The identified harm would occur despite the principal façade remaining unchanged
by the proposal, and the property itself not being a listed building nor being located
within a conservation area.
8. I note the appeal scheme has sought to address a number of criticisms of the
inspector who dismissed the previous proposal1, including through the reduction in
the overall bulk and massing of the proposal, the removal of the dormer element
and retention of the facing gable of the outrigger. However, this does not negate
the harm that would be caused by the poor design aspects of the proposal before
me that I have identified.
9. It has been brought to my attention that a number of the properties within Linton
Crescent2 have been subject to extensions and alterations to the outriggers.
However, in these cases they retain a more integrated appearance and do not
share the same flat roof design as the appeal before me, which I have found to be
harmful owing to distinct scheme specific design matters. As such, the existence of
these examples would not mitigate, or otherwise justify the specific harm resulting
from the design of the proposal that I have identified.
10. The appellant has suggested that the public footpath traffic is between 70 – 80
people per day, and that in the summer months there would be greater leaf
coverage of the trees reducing views into the site. Nevertheless, the harm resulting
from the proposal would be visible from public vantage points. In addition, the
harm would also be perceptible from public views of the neighbouring private
amenity areas within the terrace as well as from the public views.
11. The proposal would therefore result in considerable harm to the character and
appearance of the host building and area. It would therefore conflict with Policy
DM1 of the Hastings Development Management Plan (2015) (LP). This policy,
amongst other matters, seeks to ensure that proposals reach a good standard of
design that protects and enhances local character.
Living conditions
12. No 9 is situated adjacent to the appeal site and does not share an outrigger
extension with the appeal building. Whilst the proposal would introduce an
1 PINS ref APP/B1415/D/24/3353043
2 Nos 6, 12, 13, 19 and 23
Appeal Decision 6003003
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extension and brick wall above the roofline of the existing outrigger, due to the
separation from the boundary and the associated windows with No 9 this distance
would be sufficient to ensure that the proposal would not overbear on this
neighbour causing a loss of outlook. In these circumstances, the proposal would
therefore not result in harm to the living conditions of the occupiers of No 9.
13. The proposal would therefore comply with Policy DM3 of the LP. This policy,
amongst other matters, seeks to ensure that development achieves a good
standard of living for neighbours of proposed developments.
Other Matters
14. The appellant has raised concern regarding the Council’s handling of the
application. However, this is a matter that lies outside the scope of my
determination as it does not affect the planning merits of the proposal.
15. The appellant has referred to an example planning permission granted by the
Council in Linton Crescent which they consider to be approximately 2.5 times
larger than the appeal proposal. However, only a reference has been provided3
and no detailed evidence such as the address of the site, plans or a decision
notice is before me. I therefore cannot be certain of the circumstances of this
permission and if it is comparable to the appeal before me. It would therefore not
carry any positive weight for the proposal.
16. Interested parties have referred to a commitment from the government to make it
easier to build and change floor plans of dwellings. Nevertheless, each proposal
should still be assessed on its individual merits which I have done so in this case,
where I have identified harm based on the specific scheme before me.
17. The proposal would improve the living conditions of the occupiers of the appeal
property by providing additional floor space, in particular providing an additional
toilet and shower space for the occupants. However, this is a personal benefit of
the scheme, and it therefore attracts limited weight in favour of the development. In
addition, the proposal would provide a green roof which would have environmental
and ecological benefits. There would also be some small and time-limited
economic benefits from the construction stage. However, given the small scale of
the development this would only attract limited positive weight. These other
matters do not outweigh the harm that I have identified.
Conclusion
18. The proposal conflicts with the development plan and the material considerations
do not indicate that the appeal should be decided other than in accordance with it.
Therefore, for the reasons given above the appeal should be dismissed.
C Housden
INSPECTOR
3 HS/FA/98/00133
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