Part single, part two storey side and rear extensions including conversion of existing garage into habitable room and first floor Juliette balcony and new rear patio area. Two storey front extension incorporating new front porch. Associated alterations and extensions to roof including increasing ridge height to create a new crown roof with 2no. rear dormer windows and 1no. dormer window to both side elevations, 3no. rooflights to front roofslope and 2no
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Extensions
Residential Amenity
Fallback Position
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 April 2026
By Terrence Kemmann-Lane JP DipTP FRTPI MCMI
an Inspector appointed by the Secretary of State
Decision date: 21 April 2026
Appeal Ref: 6004391
3 Grosvenor Gardens, London, NW11 0HH
• 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 Vogel against the decision of Barnet London Borough Council.
• The application Ref is 25/3963/HSE.
• The development proposed is part single, part two storey side and rear extensions including
conversion of existing garage into habitable room and first floor Juliette balcony and new rear patio
area. Two storey front extension incorporating new front porch. Associated alterations and
extensions to roof including increasing ridge height to create a new crown roof with 2no. rear dormer
windows and 1no. dormer window to both side elevations, 3no. rooflights to front roofslope and 2no.
rooflights to both side roofslopes.
Decision
1. The appeal is allowed and planning permission is granted for part single, part two
storey side and rear extensions including conversion of existing garage into
habitable room and first floor Juliette balcony and new rear patio area. Two storey
front extension incorporating new front porch. Associated alterations and
extensions to roof including increasing ridge height to create a new crown roof with
2no. rear dormer windows and 1no. dormer window to both side elevations, 3no.
rooflights to front roofslope and 2no. rooflights to both side roofslopes at 3
Grosvenor Gardens, London, NW11 0HH in accordance with the terms of the
application, Ref 25/3963/HSE, subject to the conditions set out in the schedule at
the end of this decision.
Preliminary matter
2. The planning application described the development as “Part single part two storey
side and rear extensions. New crown roof with side and rear dormers and
accommodation in the roof space”. By agreement this was changed to the
description given in the banner heading above: it more accurately details the nature
of the proposed development.
Main Issues
3. The main issues in this case are: i) the effect of the proposed ground floor rear
extension on the character of the host property, the street scene and the locality;
ii) the effect of the proposed ground floor rear extension on the living conditions of
the neighbouring occupiers at No.5 Grosvenor Gardens in respect of loss of
outlook, increased sense of enclosure and potential loss of light and
overshadowing.
Appeal Decision 6004391
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Reasons
4. The appeal site is a 2-storey detached house located on the west side of
Grosvenor Gardens, close to the junction with Cranbourne Gardens. The
surrounding area is developed by substantial family houses, both detached and
semi-detached, most of which have been enlarged or altered significantly over time.
The appeal property sits adjacent to No.5 Grosvenor Gardens, which I noted at my
site visit is of a similar original scale and age as the appeal property, but has been
extended and altered, such that it is now considerably larger than No.3.
5. The description of the development, set out in the banner heading above, covers
various extensions and alterations, a number of which are not controversial. To
simplify this decision, I will set out these elements. The first-floor rear element
would have a depth within the 3m stipulation, and incorporate a crown roof,
complying with paragraphs 14.23 and 14.26 of the Residential Design Guidance
Supplementary Planning Document (adopted October 2016) (RDG). The single
storey side element along the southwestern boundary with a width of 0.7m is less
than half the width of the dwellinghouse and therefore acceptable. The proposed
rear patio area is acceptable, as a large garden space will still remain and it would
not appear out of character. A central two-storey front porch extension with a gable
roof with a depth of 0.8m and a width of 2.4m, would not be contrary to the existing
architectural features such as bay windows, and would comply with paragraphs
14.28 and 14.29 of the RDG.
6. The conversion of the existing garage into a habitable room, with the garage door
being replaced with a bay window that continues upwards, incorporated with the
proposed first floor side front extension, would achieve a satisfactory balance to the
proposed front elevation. As to the proposed roof extension, given the precedent of
the approved crown roof and dormer extension at the adjoining No.5 Grosvenor
Gardens, that the dormers would be less than half the width of the roof slope that
they would sit on and that roof extensions varying in design and scale are
commonly seen in Grosvenor Gardens, these elements of the proposal would not
appear out of character with the streetscene.
7. The remaining elements that are the subject of the refusal reasons, the proposed
first floor side/front extension and the ground floor rear extensions, must now be
considered. The former would have a depth of 5.2m and a width of 3.7m, which is
less than half the width of the dwellinghouse, but there would not be a setback of
1m from the front building line of the existing dwelling, with the new bay window
protruding beyond the established front building line. In addition, there would only
be a gap of 0.7m from the side boundary, which is less than 1m, and no set down
from the ridge height due to the changes proposed to the main roof form, contrary
to paragraphs 14.15 and 14.17 of the RDG.
8. However, when seen in the context of the variety of alterations and extensions
proposed, and the general character of Grosvenor Gardens, including those that
have recently been approved by the council, the proposed first floor side/front
extension, taken in the context of the totality of the proposal before me, is
acceptable in achieving a coherent whole. Furthermore, the gap of 0.7m on the
side boundary does not come nearer to the boundary than the existing house.
9. The rear ground floor extensions, do not meet the requirements of paragraph 14.21
of Barnet's Residential Design Guidance (RDG) which states that the depth of a
Appeal Decision 6004391
3
single storey rear extension, normally considered acceptable for a detached
property, is 4 metres. The proposed ground floor rear element would have a depth
ranging from 4.8 metres to 6.8 metres, which significantly exceeds the
recommended depth in the RDG.
10. However, there is a prior approval for a "Single storey rear extension with a depth
of 6.8m, a maximum height of 4m and an eaves height of 3m, following the
demolition of the existing rear extension". The council contends that this does not
amount to a fallback position as the current proposal introduces additional footprint
of a 4.8m deep ground floor rear extension, along the southwestern side of the rear
wall, together with the introduction of a lantern rooflight. The introduction of a
lantern rooflight leads to the maximum height being 4.6m and therefore exceeds
the measurements under the prior approval. I do not regard it as being
objectionable in itself, and the fact that it does not come within the ambit of prior
approval is not of significance when the entire proposal comes within the
consideration of an application for full planning permission. The lantern roof light
would not appear out of place or affect neighbours.
11. The proposed additional 4.8m deep single storey ground floor rear extension along
the side towards No.5 Grosvenor Gardens, did not feature in the scheme with prior
approval, but it would not have an impact on the character of the host property
when seen within the totality of the scheme.
12. The conclusions above leave the separate issue of the effect of the proposed
ground floor rear extension, just mentioned, on the living conditions of the
neighbouring occupiers at No.5 Grosvenor Gardens in respect of loss of outlook,
increased sense of enclosure and potential loss of light and overshadowing to be
considered. As the officer’s report points out, the rear building lines of properties on
Grosvenor Gardens are staggered. The rear building line of the appeal site
protrudes further than No.5 into the rear garden by 2.2m as existing. The
implementation of the 4.8m deep ground floor rear extension along the shared
boundary would lead to a perceived 7m deep extension. I agree that this would
have a material impact on the living conditions of the occupiers of No.5.
13. However, the appellant’s appeal statement informs me that a new prior approval
application (council reference25/5051/PNH) resulted in the council determining that
prior approval was not required. This satisfies me that this element of this appeal
proposal meets the provisions of The Town and Country Planning (General
Permitted Development) (England) Order 2015, Schedule 2, Part 1, Class, and that
the implications of the rear single storey extension on the occupiers of No.5 do not
prevent or override the conclusion that the proposal before me is acceptable. In
light of all the considerations referred to in this decision, the appeal will be allowed.
Conditions
14. The statutory condition that provides a time limit on the start of development must
be imposed. In addition, the council has suggested a number of conditions in the
event that the appeal is upheld. I have considered these in the light of Planning
Practice Guidance (PPG). For clarity and to ensure compliance with the PPG, I
have amended some of the text. I consider that the conditions should be imposed
for the following reasons: condition 2 is required for certainty and avoidance of
doubt as to the development permitted; condition 3 is to ensure that the
Appeal Decision 6004391
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development relates appropriately to the existing house; and conditions 4, 5 and 6
are to ensure that the amenities of the occupiers of adjoining properties are not
prejudiced by overlooking.
Terrence Kemmann-Lane
INSPECTOR
SCHEDULE of CONDITIONS
1) The development hereby permitted shall begin not later than 3 years from the
date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans:
2509-NMP-XX-00-DR-B-00002 Revision P1
2509-NMP-XX-00-DR-B-00100 Revision P1
2509-NMP-XX-00-DR-B-00101 Revision P1
2509-NMP-XX-00-DR-B-00200 Revision P1
2509-NMP-XX-00-DR-B-00201 Revision P1
2509-NMP-XX-ZZ-DR-B-00300 Revision P1
2509-NMP-XX-ZZ-DR-A-20002 Revision P1
2509-NMP-XX-ZZ-DR-A-20100 Revision P1
2509-NMP-XX-ZZ-DR-A-20101 Revision P1
2509-NMP-XX-ZZ-DR-A-20200 Revision P1
2509-NMP-XX-ZZ-DR-A-20201 Revision P1
2509-NMP-XX-ZZ-DR-A-20300 Revision P1 Location Plan
3) The materials to be used in the external surfaces of the building shall match
those used in the existing building.
4) The roof of the extension hereby permitted shall only be used in connection
with the repair and maintenance of the building and shall at no time be
converted to or used as a balcony, roof garden or similar amenity or sitting
out area.
5) Before the building hereby permitted is first occupied the proposed window(s)
in the side elevations facing Nos.1 and 5 Grosvenor Gardens shall be glazed
with obscure glass only and shall be permanently fixed shut with only a
fanlight opening and shall be permanently retained as such thereafter.
6) Notwithstanding the provisions of any development order made under
Section 59 of the Town and Country Planning Act 1990 (or any Order
revoking and re-enacting that Order) no windows or doors, other than those
expressly authorised by this permission, shall be placed at any time in the
side elevation(s), of the extension(s) hereby approved, facing Nos.1 and 5
Grosvenor Gardens.
End of Schedule
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