Erection of a loft conversion with rear dormer extension, single storey rear extension and front porch extension
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Residential Amenity
Extensions
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 3 September 2026
by K E Down MA(Oxon) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date:15 September 2026
Appeal Ref: 6012445
84 The Plain, Epping, Essex, CM16 6TW
• 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 Cihan Beller against the decision of Epping Forest District Council.
• The application Ref is EPF/0052/26.
• The development proposed is the erection of a loft conversion with rear dormer extension, single
storey rear extension and front porch extension.
Decision
1. The appeal is dismissed.
Procedural matters
2. Development comprising a front porch extension, single storey rear extension and
rear dormer extension has already taken place at the site. The ground floor
elements largely correspond with the submitted plans before me. However, above
ground level there are material differences. In particular, the central section of the
roof appears to have been replaced and altered, the roof form over the front porch
does not have a gable and to the rear the dormer extension is noticeably higher
than the ridge height of the two existing rear gable ended projections. Fenestration
in the rear elevation of the dormer is also noticeably more extensive than on the
submitted plans. It appears that the appellant erroneously believed that the works
fell within permitted development rights.
3. I am required to assess the proposed development based on the plans that were
submitted with the original application and refused by the Council. Therefore, in
reaching my decision I am doing so on the basis of those plans and not the
development that has been built. The proposed development has been
implemented through the generally conforming ground floor. However, for the
avoidance of doubt I will refer to the development in my decision as though it has
not been built to make clear that I am referring to the submitted plans and not the
built form currently on site. The differences between the submitted plans and the
as-built form are too great to correct through planning conditions.
4. Since the application was determined and the appeal made, a revised National
Planning Policy Framework (NPPF) has been published in August 2026. Although
changes to policy and guidance have been made, those that are relevant to this
decision have not materially changed. I am therefore satisfied that no party will be
prejudiced by my having regard to the latest version of the NPPF in reaching my
decision.
Appeal Decision Ref: 6012445
2
Main Issues
5. There are two main issues. Firstly, the effect of the proposed extensions on the
character and appearance of the host dwelling, the street scene of The Plain and
the surrounding area; and secondly, the effect of the proposed development on the
living conditions of neighbouring occupiers with respect to privacy and overlooking.
Reasons
6. The appeal site comprises a detached bungalow on a corner plot towards the end
of a cul-de-sac comprising mainly two storey dwellings. It has a shallow, mainly
paved, rear garden and large paved area to one side. The footprint of the original
bungalow is an H-shape.
7. The proposed development comprises a front extension infilling part of the H but
retaining a set back from the symmetrical front projecting wings. This would have a
shallow gable roof and central door with matching windows set on either side. It
would be an acceptable addition, being subservient to the host dwelling and of
sympathetic design.
8. To the rear, the shorter projecting wing would be extended to match the deeper one
and the space between the two wings would be infilled at ground floor. These
would be unobtrusive additions which I find acceptable. Above the ground floor, a
wide box dormer would project from the original main roof ridge and continue with a
flat roof over the whole of the ground floor rear extension to form a first floor
addition. There would be no material set back from the ground floor rear elevation
and although the extension would sit between the two rear-gabled projections, it’s
significant depth, boxy form and lack of set back from the ground floor would make
it a prominent, unsympathetic and incongruous addition.
9. Although the proposed development has been compared favourably by the
appellant and Council Officers with an earlier scheme, I do not have that before me.
In any case, I have judged the proposed extension on its own merits, as I am
required to do.
10. In consequence, I conclude that, although the front porch and rear ground floor
elements would be acceptable, the proposed loft conversion with rear dormer
extension would have a materially detrimental effect on the character and
appearance of the host dwelling and the surrounding area. It would therefore
conflict with Policy DM9 of the Epping Forest District Local Plan 2011-2033,
adopted 2023. This expects new development, amongst other things, to be of a
high quality design and relate positively to the locality. In particular, extensions are
required to respect and/or complement the form, setting and detailing of the original
building.
11. Turning to the effect on the living conditions of neighbouring occupiers, there are
dwellings to the rear of the appeal dwelling with windows that face towards the
appeal property. The Council considers that the proposed development would
therefore result in a degree of overlooking and a perception of being overlooked.
However, the distance of separation is such that the degree of overlooking between
the appeal dwelling and neighbouring windows and gardens would not be
materially greater than is frequently found in a built up area.
Appeal Decision Ref: 6012445
3
12. Third party evidence raises concerns regarding overlooking and loss of privacy but
these representations appear to relate to the development that has been built, with
noticeably more extensive glazing in the rear elevation of the first floor element
than is shown on the submitted plans. I am therefore satisfied that the proposal
before me would avoid material overlooking or a harmful loss of privacy.
13. I conclude that the proposed development would have no materially harmful effect
on the living conditions of neighbouring occupiers with respect to privacy and
overlooking. In consequence, it would comply with Policy DM9 insofar as it expects
new development to avoid overlooking and loss of privacy to neighbouring
occupiers.
14. The appellant points out that the proposed development was recommended for
approval by Council Officers but refused by the Planning Committee. It is argued
that the development has been judged to be acceptable by professional officers
and that the Planning Committee failed to support their refusal with objective
evidence. The Planning Committee is entitled to take a different view from that of its
officers, provided they give adequate reasons for doing so. I find that the reasons
for refusal provide sufficient information to explain why the Planning Committee
found the proposed development to be unacceptable. Whilst I have disagreed with
that view in respect of living conditions of neighbours, I have found that in terms of
character and appearance the development would be materially detrimental.
15. For the reasons set out above, I conclude that the appeal should be dismissed.
K E Down
INSPECTOR
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