Construction of a two storey side extension; a first floor rear extension and a single storey rear infill and front /porch extension
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Extensions
Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 5 August 2026
by Lynne Evans BA MA MRTPI MRICS
an Inspector appointed by the Secretary of State
Decision date: 7 September 2026
Appeal Ref: 6011788
170 Marvels Lane, London SE12 9PJ
• 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 Bahador Khan against the decision of the Council of the
London Borough of Lewisham.
• The application Ref is DC/26/142837.
• The development proposed is construction of a two storey side extension; a first floor rear extension
and a single storey rear infill and front /porch extension.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. A new National Planning Policy Framework (Framework) was issued on 17 August
2026, which replaces the previous Framework published in December 2024 and all
other iterations. I have therefore written to seek the views of the Appellant and the
Council on the revised Framework as pertinent to this appeal and I have taken the
further representations received into account in my decision.
Main Issue
3. The main issue in this appeal is the effect of the proposed development on the
character and appearance of the existing dwelling and on the street scene.
Reasons
4. The appeal property is a vacant detached dwelling on the south-west side of
Marvels Lane and within a predominantly residential area with a mix of
development styles, including detached and semi-detached dwellings and small
blocks of flats. Although the spacing between properties varies, there are generally
open gaps between properties, particularly in the vicinity of the appeal site which
contribute to the street scene.
5. At the time of my site visit, the roof works as granted under the application for a
lawful development certificate (proposed) under the Council’s ref: DC/25/141724
appeared to be largely complete and the single storey extension as granted under
an application for prior approval under the Council’s ref: DC/25/140902 was well
advanced with the external walls and roof complete. The two storey side extension,
which does not appear to be lawful from the information provided by the Council,
Appeal Decision 6011788
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was partly demolished. The whole property was vacant, with works being
undertaken.
6. The proposed works include the construction of a two storey and part single storey
side extension, a first floor rear extension, and a front porch.
7. The proposed two storey side extension would be built forwards of the existing front
building line to incorporate the new enclosed front porch but set back at first floor
level with the existing front of the house. It would be built up to the common
boundary with the adjoining property at No 168 which also has a two storey side
extension, albeit set in with a modest gap from the shared boundary.
8. As a result of the proposed two storey side extension, and given the existence of
the extension at the neighbouring property there would be only a very modest gap
between the two properties. When the tree in the front garden of No 168 is in leaf,
this largely screens the existing boundary between the two properties; however, it
is not clear that it has or would have the same screening effect during the winter
months. Furthermore, there can be no certainty that the tree would be retained,
particularly as it is outside the control of the Appellant, and within the neighbour’s
garden. I am not therefore satisfied that weight can be placed on the existence of
the tree to screen the development. As a result of the proposed two storey
extension, the remaining gap would be unacceptably tight between the two
properties and would result in a terracing effect that would be out of character with
the predominant pattern of development in the immediate locality.
9. I have taken into account that permission was granted for a two storey side
extension under the Council’s ref: DC/09/071045/FT but, based on the information
before me, not commenced in the required timescales. Moreover, the planning
policy position has changed since that permission was granted some considerable
number of years ago, and it does not persuade me that planning permission should
now be granted for the proposal before me.
10. Although the proposed single storey front extension would be relatively small in
depth and scale, it would appear as an awkward addition at the front of the
property, particularly in relation to the existing front bay. It would not appear as an
integrated part of the property, but, given its siting and projection, an overly
prominent and ungainly addition.
11. Taken on its own, I consider that a proportionately scaled and well-designed first
floor rear extension would be appropriate to step up from the extended ground floor
towards the extended roof form and therefore help to unify the extended building.
However, the scheme is presented as one proposal and I do not consider that it
would be possible to seek to disaggregate it into its component elements.
12. Taking all the proposed extensions together, including the extensions already
undertaken, the resultant development would result in a very bulky form of built
form which would be visually discordant and overwhelm the scale and massing and
the proportions of the existing property. It would, taken all together, present a very
disjointed overall composition which would appear visually intrusive in the street
scene.
13. I therefore conclude that the proposed development would unacceptably harm the
character and appearance of the existing dwelling and the street scene. This would
conflict with Policies QD7 and QD9 of the Lewisham Local Plan (2025), the
Appeal Decision 6011788
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Council’s Alterations and Extensions SPD (2019) and the Crofton Park and Honor
Oak Neighbourhood Plan (2022) and the Framework, and in particular National
decision-making policy DP3, all of which, amongst other matters, seek for a high
standard of design which respects the local context.
Other Considerations
14. The Council’s reason for refusal related solely to the impact of the proposal on the
character and appearance of the existing dwelling and on the local area. In respect
of the Officer’s report on the effect of the proposal on the living conditions of
neighbours, the findings are not clear. However, from my site visit and all the
information before me, given the siting of the proposed extensions in relation to
neighbouring properties and taking account of the position of their windows, I do
not consider that the proposed development would materially harm the living
conditions of the immediate neighbours, with particular regard to light, outlook,
overlooking and loss of privacy. However, my finding in this regard does not
outweigh the conclusion I have reached in respect of my main issue.
Conclusion
15. For the reasons given above and having regard to all other matters raised, the
proposals conflicts with the development plan as a whole and there are no
considerations that would outweigh that conflict, including the Framework. The
appeal is therefore dismissed.
L J Evans
INSPECTOR
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