For a front porch of 1.54m x 1.34m in size and 2.2m from the public pavement, to create more space enabling easier wheelchair access into the property , including moving the front door to the porch entrance
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Heritage & Conservation
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 June 2026
by Mr C Tivey BSc (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 June 2026
Appeal Ref: 6009356
Acer Cottage, 62 Thames Street, Walton-on-Thames KT12 2PS
• 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 Miss Mayumi Robinson against the decision of Elmbridge Borough Council.
• The application Ref. is 2025/2955.
• The development proposed is for a front porch of 1.54m x 1.34m in size and 2.2m from the public
pavement, to create more space enabling easier wheelchair access into the property , including
moving the front door to the porch entrance.
Decision
1. The appeal is dismissed.
Preliminary Matter
2. The planning application sought retrospective planning permission for the provision
of a porch to the principal elevation of the appeal dwelling which was complete at
the time of my site visit. I have determined the appeal on this basis.
Main Issue
3. The main issue is whether the appeal proposal would preserve or enhance the
character or appearance of the Walton Riverside Conservation Area.
Reasons
4. The appeal site is situated within a well maintained terrace of 4no two storey
houses within the Walton Riverside Conservation Area which is contiguous with the
Church Street/Bridge Street Conservation Area to the south east, along Thames
Street on its north eastern side.
5. The appeal site forms part of what is also known as Percy Cottages built with
robust, rectangular front bay windows at ground floor level with lean-pitch to roofs.
Until the porch was constructed, an element of principal elevation would have been
visible to either side of them, as for the other houses within the terrace. Nos 62
and 64 were built wider than the end units, with their respective front doors
adjacent to their Party Wall.
6. The Conservation Area’s Character Appraisal and Management Plan (CAMP)
highlights that the houses which turn the corner from Thames Street into Manor
Road form an attractive group of modest residential dwellings, possibly originating
Appeal Decision 6009356
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as river workers cottages, juxtaposed with, but complemented by Thames Cottage
opposite which is Grade II listed.
7. The CAMP highlights that all of these houses form an important residential group of
some considerable quality and townscape importance and define the junction of
Thames Street and Manor Road; and set this character apart from others with its
predominantly quiet modest domestic scale and use. I consider this to be an
accurate description of the significance of the Conservation Area.
8. It is understood that the appellant believed that the porch was Permitted
Development and therefore I have no doubt that it was constructed in good faith. I
also acknowledge that it was erected at a cost and that to demolish it would incur
further expense, however I am afraid that that is not a determining factor in the
planning appeal process.
9. Until the porch, the subject of this appeal was constructed, the Percy Cottages
terrace essentially retained its original form with a robust character and simple
symmetry in a manner which was restful upon the eye. The mono-pitch roof over
the bay window of no 62 has subsequently been extended over to the Party Wall,
from the front of which has been constructed a rather box-shaped element with a
flat roof which protrudes significantly beyond the depth of the bay and runs wholly
in opposition to the vernacular architecture of the host dwelling.
10. I find that the porch extension appears as an alien and incongruous feature within
the street scene and fails to appear proportionate to the principal elevation of the
appeal dwelling and the terrace of which it forms part. Consequently, I consider
that it fails to preserve the character and appearance of the Conservation Area
notwithstanding that the proposal would not disturb the existing front boundary
treatment and the fact that the front elevation is just over 2m away from it. A
change in the colour of the structure would not mitigate its negative impacts. I
acknowledge that the character of Conservation Areas can and indeed do evolve
over time, however that does not mean that any alterations to buildings located
therein are deemed acceptable.
11. I fully understand the appellant’s personal circumstances and the reasoning behind
why they had the porch built in the first instance, with which I sympathise. However
I am not convinced that the provision of the porch as constructed was the only
means of providing a transition zone from the internal living environment to the
street. Whilst it is not for me to advance alternative solutions, it has not been
demonstrated for example whether an internal lobby area within the lounge had
been explored whilst the dayroom extension to the rear was being constructed.
12. I certainly do not wish to belittle the appellant’s health issues and the struggles they
face on a day-to-day basis, however, respectfully, the occupation of dwellings is
ultimately transitory whereas the appellant’s accommodation circumstances could
change in the future, but the building would remain as extended on the site and
continue to harm the character and appearance of the area in posterity.
13. Having regard to the Occupational Therapist’s report, and the statement of the
appellant’s long-term friend in the same profession, I accept that dismissing the
appeal will interfere with the appellant and her family’s rights to peaceful enjoyment
of their possessions, and to a private and family life and home, pursuant to Article 1
of the First Protocol and Article 8 as set out under the Human Rights Act 1988.
However, those are qualified rights and the interference with them in this instance
Appeal Decision 6009356
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would accord with the Law and in pursuance of a well-established and legitimate
aim to protect the public realm from development which is deemed to be
unacceptable, having regard to the Development Plan.
14. Consequently, as neither the appellant or her family will be made homeless, it is
proportionate and necessary to refuse to grant planning permission with there
being no violation of their human rights. Furthermore, the child’s best interests and
their right to privacy and safety are of utmost importance and must be weighed
within the planning balance.
15. Therefore, as neither the appellant or her family will be made homeless, it is
proportionate and necessary to refuse to grant planning permission with there
being no violation of their human rights. The protection of the public interest cannot
be achieved by means that are less interfering with their rights.
16. In coming to my decision I have also had regard to the Public Sector Equality
Duties (PSED) set out under Section 149 of the Equality Act 2010; the risk caused
by the porch upon the character and appearance of the Conservation Area
outweigh its benefits in terms of eliminating discrimination against persons with the
protected characteristics of age and/or disability, advancing a quality of opportunity
for those persons and fostering good relations between them and others. I
conclude that it is proportionate and necessary to dismiss the appeal.
17. I also find that less than substantial harm would be caused to the designated
heritage asset and no public benefits have been advanced that outweigh this harm.
18. I consider that by reason of its design and scale that the porch constitutes a visually
obtrusive and unsympathetic form of development to the surrounding pattern of
built form within the locality and conflicts with not only the National Planning Policy
Framework, but with Policy CS17 of the Elmbridge Core Strategy 2011 and Policies
DM2 and DM12 of the Elmbridge Local Plan Development Management Plan 2015
which together require proposals to integrate sensitively with the locally distinctive
townscape and heritage assets, ensuring that proposal pay particular regard to the
attributes of appearance, scale, mass, height, prevailing pattern of built
development and character of the host building in the case of extensions, whilst
ensuring that the development within Conservation Areas should preserve or
enhance the character or appearance of an area, taking account of the streetscape,
plot and frontage sizes.
Conclusion
19. Having regard to the above and all other matters raised, I conclude that the appeal
be dismissed.
C Tivey
INSPECTOR
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