First floor front infill to house
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Character & Appearance
Policy Weight
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 August 2026
by SJ Desai BSc MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 September 2026
Appeal Ref: 6013040
4 Boileau Road, Barnes, Richmond Upon Thames, London SW13 9BL
• 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 Tom Holland against the decision of the Council of the London Borough of
Richmond Upon Thames.
• The application Ref is PA26/1130.
• The development proposed is first floor front infill to house.
Decision
1. The appeal is dismissed.
Preliminary Matters
2. I have also considered an appeal relating to a corresponding first-floor front infill
extension at the adjoining property, 2 Boileau Road (No.2)1. The proposals are
closely related and have been considered together. Nevertheless, they concern
separate properties, and each appeal must be determined on its individual planning
merits. The appeal relating to No. 2 is the subject of a separate decision.
3. Since the Council determined the application and the appeal was submitted, a
revised National Planning Policy Framework (the Framework) was published on 17
August 2026. I have determined the appeal having regard to the Framework as
now published. Insofar as relevant to this appeal, its provisions concerning good
design, development responding appropriately to its context and the use of
safeguarding conditions do not materially alter the main considerations in this case.
I am therefore satisfied that neither party would be prejudiced by my proceeding on
that basis.
Main Issue
4. The main issue is the effect of the proposed development upon the character and
appearance of the host dwelling and the surrounding area.
Reasons
5. The appeal property is a two-storey semi-detached dwelling which forms a pair with
No. 2. The pair has projecting two-storey elements positioned towards its outer
sides and corresponding recessed sections at first-floor level between them. This
arrangement provides articulation to the frontage and gives the pair a strong
degree of visual balance.
1 6013044
Appeal Decision 6013040
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6. The surrounding area is predominantly residential and contains a mixture of
terraced and semi-detached properties. There is some variation in the detailed form
and appearance of dwellings along Boileau Road. Nonetheless, the appeal dwelling
and No.2 are clearly perceived together as a single semi-detached composition.
Their broadly symmetrical proportions, including the corresponding first-floor
recesses, are readily apparent from the street and contribute positively to the street
scene.
7. The proposal would construct a first-floor extension above the existing garage,
substantially infilling the existing recess. The extension would remain below the
principal eaves, have a flat roof and be marginally set behind the projecting two-
storey element.
8. If implemented independently, the proposal would infill the recess on one side while
leaving the corresponding recess at No.2 unchanged. Although relatively limited in
scale, it would erode the balanced composition of the pair and result in an
appreciably asymmetric, unbalanced frontage. Given the strong visual relationship
between the two dwellings that change would be readily apparent from Boileau
Road and would harm the character and appearance of the semi-detached pair and
the street scene.
9. I acknowledge that the extension would not project forward of the principal two-
storey element and would remain below the principal eaves and ridge. I also note
the proposed use of brickwork, fenestration and other detailing intended to match
the existing dwelling. These factors would limit the prominence of the extension.
However, they would not overcome the more fundamental effect of substantially
infilling one of the corresponding first-floor recesses, which are important to the
articulation and balanced composition of the semi-detached pair.
10. If both developments were implemented in the manner shown on the respective
drawings, the matching first-floor infills would retain a symmetrical treatment of the
pair. Furthermore, given the varied built development along Boileau Road, paired
infill extensions would not appear overly prominent within the established street
scene.
11. However, the proposal at No.2 is the subject of a separate planning application and
appeal and there is no certainty that the corresponding development would be
implemented. I have therefore considered whether this matter could be addressed
by a planning condition. National policy and guidance require conditions to be
necessary to make the development acceptable in planning terms, relevant to the
development and to planning considerations generally, sufficiently precise to make
them capable of being complied with and enforced, and reasonable in all other
respects.
12. Conditions requiring the development to be carried out in accordance with the
approved drawings, or requiring matching materials and detailing, would control the
form and appearance of the development at the appeal property but would not
secure implementation of the corresponding development. A condition seeking to
prevent or control development at the appeal site by reference to the
implementation of a separate planning permission at No.2 would extend beyond the
development which is the subject of this appeal and would not provide sufficient
certainty that the corresponding development would take place. I am therefore not
satisfied that such a condition would meet the relevant tests. Nor is there a
Appeal Decision 6013040
3
planning obligation or other mechanism before me which would provide that
certainty. I must therefore determine the appeal proposal on its individual planning
merits.
13. For the reasons set out above, I conclude that the proposal would cause
unacceptable harm to the character and appearance of the host dwelling and
surrounding area. It would therefore conflict with Policy 28 of the Richmond upon
Thames Local Plan ‘The best for our borough’ 2024-2039 (2025), which, amongst
other things, requires development to be of high design quality and compatible with
local character, including in respect of its proportions and form. It would also be
contrary to the design objectives of the Council’s House Extensions and External
Alterations Local Plan Supplementary Planning Document (2015) which seeks
development that responds positively to the character of existing buildings and their
surroundings.
Other Matters
14. I have had particular regard to planning permission Ref 04/0273/HOT, granted in
March 2004 for first-floor front infill extensions at both the appeal site and No.2.
That permission concerned a single proposal encompassing corresponding
development at both properties and was determined under the development plan
and design guidance applying at that time, which have subsequently changed. I
acknowledge that, on the evidence before me, it was not subject to a condition or
other mechanism requiring the two extensions to be implemented together.
Nevertheless, the earlier permission related to a materially different decision-
making context, whereas the appeal before me concerns development only at the
appeal site. Having regard to those differences, and to the harm I have identified if
the appeal scheme were implemented independently, the previous permission does
not lead me to a different conclusion.
15. I have also had regard to the appellants comments regarding previous extensions
allowed at the appeal property and three other appeal decisions. Based on the
evidence provided, these demonstrate that alterations to one half of a semi-
detached pair do not necessarily result in unacceptable harm simply because some
asymmetry would arise. However, each case turns on the particular context,
architectural characteristics and effects of the development proposed. In this case,
the prominence of the corresponding central recesses, their contribution to the
composition of the pair and the strong visual relationship between the two dwellings
distinguish the appeal property from the examples referred to. Those decisions do
not therefore alter my findings.
16. The Council raised no concerns in regard to neighbouring amenity, outlook,
daylight or sunlight, parking, highways, trees or flood risk. Based on the evidence
before me I have no reason to disagree with the Council in regard to these matters.
Nonetheless, an absence of harm is a neutral factor weighing neither for not
against a development.
Appeal Decision 6013040
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Conclusion
17. For the reasons given above, the development conflicts with the development plan
and there are no material considerations, including the Framework, of sufficient
weight to indicate that the proposed development should be determined otherwise
than in accordance with the development plan. The appeal should therefore be
dismissed.
SJ Desai
INSPECTOR
£
Costs decision section
Costs Decision
Site visit made on 17 August 2026
by SJ Desai BSc MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 3 September 2026
Costs application in relation to Appeal Ref: 6013040
4 Boileau Road, Barnes, Richmond Upon Thames, London SW13 9BL
• The application is made under the Town and Country Planning Act 1990 (as amended), sections 78,
322 and Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Tom Holland for a full award of costs against the Council of the London
Borough of Richmond Upon Thames.
• The appeal was against the refusal of planning permission for first floor front infill to house.
Decision
1. The application for an award of costs is refused.
Reasons
2. The Planning Practice Guidance (PPG) 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. The PPG
states that awards may be either procedural in regard to behaviour in relation to
completing the appeal process or substantive, which relates to the planning merits
of the appeal.
3. The applicant contends that the Council acted unreasonably by refusing permission
on a ground which could have been addressed by condition; relying on vague and
generalised assertions of harm unsupported by objective analysis; failing to
determine similar cases consistently; and preventing development which should
clearly have been permitted without engaging positively with the applicant.
4. With regard to the use of a condition, part of the Council's concern related to the
absence of a mechanism to ensure that the corresponding development proposed
at No.2 Boileau Road (No.2) would be implemented. The proposal at No.2 is the
subject of a separate planning application and appeal and there is no certainty that
it would be implemented. Conditions requiring the development at the appeal site to
be carried out in accordance with the approved drawings, or requiring matching
materials and detailing, would control the development at the appeal property but
would not secure implementation of the corresponding development at No.2. As set
out in my appeal decision, I am not satisfied that a condition seeking to prevent or
control the development at the appeal site by reference to the implementation of a
separate permission at No.2 would meet the relevant tests. I therefore do not find
that the Council acted unreasonably in refusing permission rather than seeking to
address this matter by condition.
Costs Decision 6013040
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5. As is evident from the Council’s officer report and its response to the applicant’s
costs claim, the Council had regard to the impact of the proposal upon the
character and appearance of the appeal dwelling and the surrounding context. The
officer report identified the relevant characteristics of the semi-detached pair and
explained the design concerns arising from the proposal. The assessment of
effects on character and appearance involves an exercise of planning judgement.
Although I have not adopted all aspects of the Council's reasoning, for the reasons
set out in my appeal decision I have also found that the proposal would cause
unacceptable harm to character and appearance. I am therefore satisfied that the
Council's reason for refusal was adequately substantiated and did not amount to a
vague or generalised assertion of harm unsupported by analysis.
6. The applicant also contends that the Council acted unreasonably by determining
the planning application inconsistently with a previous permission at the appeal
site. However, the earlier permission concerned a single proposal encompassing
corresponding development at both properties and was determined under the
development plan and design guidance applying at that time, which have
subsequently changed. Importantly, the Council's officer report had regard to the
earlier permission and explained why it was not a determinative factor in its
assessment of the current proposal. I am satisfied that the Council considered it
and provided planning reasons for reaching a different conclusion. I therefore find
no unreasonable inconsistency in the Council's approach.
7. The applicant also sets out that the proposal was development which should clearly
have been permitted and that the Council failed to engage positively or seek
amendments before refusing permission. However, for the reasons given in my
appeal decision, I have found that the proposal would cause unacceptable harm to
the character and appearance of the host dwelling and surrounding area. It was
therefore not development which should clearly have been permitted. I
acknowledge that the Council did not invite amendments or seek to agree a
mechanism for concurrent implementation before determining the application.
However, while positive engagement between parties is generally encouraged,
there is no requirement for a local planning authority to seek amendments or
negotiate revisions or legal mechanisms in every case before reaching a decision.
Given the design concerns arising from the proposal, I do not consider that the
Council's decision to determine the application as submitted amounted to
unreasonable behaviour.
8. Overall, the Council substantiated its reason for refusal with reference to relevant
development plan policy, supplementary guidance and the particular characteristics
of the appeal property and its relationship with No.2. Although there are differences
between aspects of my reasoning and that of the Council, those differences reflect
the exercise of planning judgement and do not, in themselves, demonstrate
unreasonable behaviour.
9. I therefore find that unreasonable behaviour resulting in unnecessary or wasted
expense, as described in the PPG, has not been demonstrated.
SJ Desai
INSPECTOR
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