Single and two storey rear extension, loft conversion including a rear facing dormer
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Extensions
Character & Appearance
Fallback Position
Inspector’s Reasoning
Appeal Decision
Site visit made on 14 April 2026 by J Kirkaldy BSc (Hons) PGDip MRTPI
Decision by L McKay MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 May 2026
Appeal Ref: 6005577
3 Harcourt Avenue, Dovercourt, Essex, CO12 4NT
• 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 and Mrs Sam and Maddie Warburton against the decision of Tendring
District Council.
• The application Ref is 26/00050/FULHH.
• The development proposed is a single and two storey rear extension, loft conversion including a rear
facing dormer.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of the
host dwelling and surrounding area.
Reasons for the Recommendation
4. The appeal site comprises a two-storey semi-detached dwelling. It is located within
a residential area characterised by predominately semi-detached and terraced
dwellings that are relatively consistent in terms of their original uniform design and
appearance, although several of the properties have rear flat roofed single storey
extensions.
5. The proposed dormer would be located on the rear roof slope of the dwelling and
would therefore not be widely visible within the street scene of Harcourt Avenue.
There would, however, be partial views from Iceni Court, a block of flats located to
the side and rear of the adjoining neighbouring property, which occupies a lower
ground level than the appeal property.
6. The dormer would also be visible from the rear gardens of neighbouring properties.
I observed that the surrounding roofscape remains largely unaltered. In this
context, the proposed dormer would appear as a visually discordant feature, at
odds with the established pattern of development in the locality.
Appeal Decision 6005577
2
7. The dormer would extend close to the roof ridge and would be set in slightly from
the eaves. It would extend almost the full width of the roof slope and would result in
a substantial addition to the roof plane resulting in the property appearing top
heavy. It would fail to achieve an appropriate degree of subordination to the host
dwelling given its scale, siting and design. Whilst the use of matching materials
would contribute to assimilating the proposal into the roof space of the host
dwelling, these aspects do not overcome the adverse effects outlined above.
8. The proposed two-storey rear extension would occupy an existing patio area. It
would infill an area to the side of the existing side projection which extends into the
rear garden. The flat roof of the proposed two-storey rear extension, which would
project above the eaves height of the host dwelling would appear incongruous
when viewed alongside the prevailing pitched roofs of surrounding two-storey
dwellings. As a result, the extension would fail to integrate successfully with the
rear of the host property or with the overall appearance of the semi-detached pair.
9. When considered cumulatively, the proposed developments would appear
dominant from public viewpoints despite being at the rear, and would significantly
alter the original form, character and appearance of the dwelling. The additions
would result in a top-heavy, unbalanced and visually incongruous form of
development that would appear unduly prominent within its surroundings,
particularly when viewed in the context of prevailing roof forms of adjoining and
nearby dwellings.
10. Given that the dwelling forms part of a semi-detached pair, the proposed dormer
and two-storey flat roof extension would disrupt the visual balance of the roofscape
and rear elevation, causing harm to the established character and appearance of
the pair. Furthermore, the difference in site levels, most notably in relation to Iceni
House, would serve to increase the perceived scale and prominence of the
development.
11. Consequently, the proposal would harm the character and appearance of the host
dwelling and surrounding area. Therefore, it would conflict with Policy SP7 of the
Tendring District Local Plan 2013 – 2033 and Beyond Section 1: North Essex
Authorities’ Shared Strategic Section 1 Plan (2021) and Policy SPL3 of the
Tendring District Local Plan 2013 – 2033 and Beyond Section 2 (2022) which seek
development to make a positive contribution to the quality of the local environment
and protect or enhance local character.
Other Matters
12. The appellants contend that the majority of the proposed two-storey extension and
rear dormer can be constructed under the Town and Country Planning (General
Permitted Development) (England) Order 2015 (as amended) establishing a
fallback position which makes the appeal proposal acceptable by comparison.
13. In considering the weight to be afforded to a fallback, I must be satisfied that there
is a real prospect, a greater than theoretical possibility, that the development would
be carried out if the appeal were to be dismissed.
14. The appellants have provided floor plans indicating the extent of two storey
extension that could be achieved under permitted development, however it is
unclear whether there is a greater than theoretical possibility of the fallback position
being implemented, as it would not provide the amount of floorspace desired. Even
Appeal Decision 6005577
3
if that had been demonstrated, the limitations of the legislation mean that a two-
storey extension built as permitted development could not be as deep, wide or high
as the proposal before me. Furthermore, it could not join up with a dormer
constructed under permitted development, as is proposed here. Therefore, any
such scheme would be less bulky and achieve greater separation than the appeal
scheme, and would consequently be less harmful. Consequently, the fallback
position does not outweigh the harm I have identified from the appeal proposal and
does not justify granting planning permission.
Conclusion and Recommendation
15. The development conflicts with the development plan taken as a whole. For the
reasons given above and having regard to all other matters raised I conclude that
there are no material considerations that justify granting permission contrary to the
development plan. Therefore, the appeal should be dismissed.
Juliet Kirkaldy
APPEAL PLANNING OFFICER
Inspector’s Decision
16. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
L McKay
INSPECTOR
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