Erection of a side and a rear roof extension and insertion of roof lights to the front roof slope
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Character & Appearance
Heritage & Conservation
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 21 July 2026
by H Jones BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 September 2026
Appeal Ref: 6010791
47 Osbaldeston Road, Hackney N16 7DL
• 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 Jamie Brennan against the decision of the Council of the London
Borough of Hackney.
• The application Ref is 2026/0457.
• The development proposed is erection of a side and a rear roof extension and insertion of roof
lights to the front roof slope.
Decision
1. The appeal is allowed and planning permission is granted for erection of a side
and a rear roof extension and insertion of roof lights to the front roof slope at 47
Osbaldeston Road, Hackney N16 7DL in accordance with the terms of the
application, Ref 2026/0457, subject to the following 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 plan:
N16-7DL-47-02-F1 - Proposed Plans, Section, Elevations, Location Plan
and Block Plan
3) The materials to be used in the construction of the external surfaces of
the development hereby permitted shall match the details provided on
the Application Form dated 3 March 2026 and suitably match those used
in the existing building.
Applications for costs
2. An application for costs was made by Mr Jamie Brennan against the Council of
the London Borough of Hackney. This is the subject of a separate decision.
Preliminary Matters
3. The Stamford Hill Area Action Plan (the SHAAP) is an emerging development
plan document. The evidence before me indicates that the SHAAP has been
consulted upon but that it is the subject of objections. Consequently, the Council
has set out that the SHAAP is a matter of limited weight. I have no reason to
disagree.
Appeal Decision 6010791
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4. On 17 August 2026, a revised version of the National Planning Policy Framework
(the Framework) was published. In making my decision, I have had regard to the
Framework and any comments in respect to it submitted by the appeal parties.
5. The appeal site is situated within the Northwold and Cazenove Conservation
Area. As a result, in making my decision, I have had special regard to section
72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Main Issue
6. The main issue is the effect of the development on the character and appearance
of the appeal property and whether it would preserve or enhance the character or
appearance of the Northwold and Cazenove Conservation Area (the CA).
Reasons
7. The CA holds considerable significance due to its extensive range of Victorian
terraced dwellings. This illustrates Hackney’s 19th century development and built
heritage, whilst the housing stock exhibits variety and distinctive and decorative
designs yet, overall, considerable cohesion. The prevalence of tree-lined streets
and many mature front gardens provides the CA with verdant qualities as well.
Owing to this character and appearance, and the evidence it provides of the
history of residential development in this part of London, the significance of the
CA principally stems from its architectural and historic interest.
8. The appeal property is a traditionally designed terraced house. Incorporating
design features such as a roof turret, bay windows, brick banding and stuccoed
detailing the appeal property displays the architectural quality and character
which typifies the CA as a whole. For this reason, it makes a positive contribution
to the CA’s character and appearance.
9. More widely, despite alterations to many properties on Osbaldeston Road, the
recurring bay projections and roof turrets, combined with consistent brickwork
and stucco detailing and the presence of numerous street trees, create a
cohesive and harmonious streetscape.
10. The appeal property’s main roof has a hipped form. The proposed development
would alter this, and it would introduce a partly flat-roofed addition. However, the
extension would incorporate a front roof slope that would sympathetically reflect
the existing hipped profile. Furthermore, like many other properties on
Osbaldeston Road, the appeal property has a flat-roofed rear projection. The
proposed flat-roofed elements would therefore remain in keeping with elements of
the appeal property’s existing roofscape and those exhibited by neighbouring
properties.
11. The extension would be deeply recessed within the roof, set well back from the
property's front elevation. At the rear, it would also be positioned above eaves
level. The uppermost part of the extension would also sit below the main roof
ridge. As a result, given its recessed design and the substantial areas of roof that
would remain undeveloped, the extension would not appear prominent or
dominate the property's roofscape.
12. Although, like the appeal property, some neighbouring houses have retained their
original roof designs, roof extensions are nevertheless prevalent on Osbaldeston
Road. This includes roof extensions on nearby properties, and some of those
Appeal Decision 6010791
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permitted elsewhere on the street have a similar design to that proposed in this
case. Therefore, the extension proposed would also be in keeping with
established development in the area.
13. Overall, whilst the development would partly remodel the roofscape, it would
remain respectful to the property's character and appearance. Importantly, it
would not detract from key traditional design features that typify both the appeal
property and Osbaldeston Road and which make such strong positive
contributions to the cohesive and harmonious character and appearance
displayed within the street scene. Chief among these features are the bay
projections, roof turrets, and consistent brickwork and stucco detailing.
14. For these reasons, the effect of the development on the character and
appearance of the appeal property would be acceptable and the character and
appearance of the CA would be preserved.
15. As a result, the development complies with Policies D3 and HC1 of the London
Plan (the LP) and Policies LP1 and LP3 of the Hackney Local Plan (the HLP). LP
Policy HC1 and HLP Policy LP3 are each concerned with development and
heritage assets. Together, and amongst other matters, Policies HC1 and LP3
advocate that developments should seek to conserve the significance of heritage
assets and avoid harm to them taking place. Meanwhile, LP Policy D3 and HLP
Policy LP1 seek to ensure that developments are of high quality and positively
respond to local character, context and distinctiveness.
16. Furthermore, Hackney’s Residential Extension and Alterations Supplementary
Planning Document 2025 (the SPD) provides relevant design guidance. The
development would depart from some of the SPD’s more prescriptive criteria, and
it would include a side roof extension visible from the front of the appeal property
which the SPD generally advocates against. However, equally, when considering
the acceptability of development, the SPD also sets out that site context and the
presence of established development in the area should be taken into account.
Since I have found that the development would be respectful to the appeal
property and that the character and appearance of the CA would be preserved,
overall, I conclude that the development would comply with the SPD.
17. Finally, since the proposal would conserve those elements of the CA which make
a positive contribution to the area, the development complies with Policy HE9 of
the Framework as well.
Conditions
18. I have imposed the standard time limit condition. A condition requiring the
development to be carried out in accordance with the proposed plan is necessary
in the interests of certainty. In the interests of preserving the character and
appearance of the appeal property and the CA, a condition is also needed to
secure the appropriate use of materials. The Council’s appeal form indicates no
other conditions are necessary, and I have no reason to disagree.
Conclusion
19. The development accords with the development plan as a whole. There are no
material considerations, including the Framework, that indicate the decision
should be made other than in accordance with the development plan. Therefore, I
Appeal Decision 6010791
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conclude that the appeal should be allowed, subject to the conditions set out
above.
H Jones
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 21 July 2026
by H Jones BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 September 2026
Costs application in relation to Appeal Ref: 6010791
47 Osbaldeston Road, Hackney N16 7DL
• The application is made under the Town and Country Planning Act 1990, sections 78, 322 and
Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr Jamie Brennan for a full award of costs against the Council of the
London Borough of Hackney.
• The appeal was against the refusal of planning permission for the erection of a side and a rear roof
extension and insertion of roof lights to the front roof slope.
Decision
1. The application for an award of costs is refused.
Reasons
2. Parties in planning appeals normally meet their own expenses. However, the
Planning Practice Guidance advises that costs may be awarded against a party
who has behaved unreasonably and thereby caused the party applying for costs to
incur unnecessary or wasted expense in the appeal process.
3. In my appeal decision, I conclude that the effect of the development on the
character and appearance of the appeal property would be acceptable and the
character and appearance of the Northwold and Cazenove Conservation Area
would be preserved. However, this assessment requires the exercise of judgement.
4. In asserting the opposing view, that harmful effects would arise in these regards,
the Council has clearly set out the detail of its objections. This includes specific
references to aspects of existing character and appearance which it considers
would be harmfully eroded and to the particular elements of the development’s
design it considers to be unsympathetic. Although I have not agreed with it, the
Council’s concerns in these regards have been adequately substantiated.
5. Roof extensions are prevalent on Osbaldeston Road. This includes roof extensions
on nearby properties, and some of those permitted elsewhere on the street have a
similar design to that proposed in this case. The appellant has provided details,
such as the plans, decision notices and, where relevant, the appeal decisions, in
relation to a number of these developments as appendices to their appeal
statement.
6. No compelling evidence has been submitted which demonstrates to me that the
Council has not had regard to the extent to which roof extensions are established in
the area. In addition, most of the developments detailed within the appendices were
permitted before the adoption of the Hackney Local Plan (2020), the London Plan
(2021) and Hackney’s Residential Extension and Alterations Supplementary
Planning Document (2025) (the SPD). Although some of their content is similar,
Costs Decision 6010791
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there are differences in the prescriptive guidance contained within the SPD in
comparison to its superseded predecessor (the Residential Extensions and
Alterations Supplementary Planning Document 2009). Consequently, there have
been changes to the planning policy context to take into account since the cited
developments were considered.
7. Councils should seek to be consistent in their decision-making. However, where
there are contextual differences between the cases, whether relating to the site, the
development, or the policy context, councils are not duty-bound to reach the same
conclusions as in previous decisions. I am satisfied in this case that there are
sufficient contextual differences between the appeal proposal and the cited cases
such that the Council has acted reasonably in coming to the conclusion that
planning permission should be refused. Furthermore, I have no substantive
evidence before me to suggest that the Council has attributed inappropriate or
disproportionate weight to any planning policy or other material consideration.
8. Given that the appeal’s main issue involves the exercise of planning judgement,
and that the Council has adequately substantiated its concerns and attributed
weight reasonably, it follows that the Council has not unreasonably prevented
development that should clearly have been permitted.
9. Therefore, unreasonable behaviour resulting in unnecessary or wasted expense
has not occurred and an award of costs is not warranted. I acknowledge that this
costs decision differs from the decision made by the Inspector in the case at No. 54
Osbaldeston Road1, however, appeal and costs decisions are heavily dependent
on the case-specific evidence and circumstances. I have come to my own views on
this costs application having regard to the evidence before me and the particular
circumstances of the case.
H Jones
INSPECTOR
1 Costs Decision APP/U5360/D/21/3288922
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