Case 3266965

25A Merivale Road, Harrow, Middlesex, HA1 4BJ

London Borough of Harrow — appeal allowed

Outcome
Allowed
Decision date
4 October 2021
Authority
London Borough of Harrow
Inspector
McDonagh C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr Robert Murphy
Agent
Town Planning Law Advocates Ltd
LPA reference
P/3849/20
ONS LPA code
E09000015
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 June 2021

Summary AI

The appeal was allowed due to the proposed development meeting the requirements of the relevant policies and guidelines, including DM1 and DM26 of the Harrow Council Development Management Policies.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — Appeal Decision Site visit made on 17 August 2021 by C McDonagh BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 4 October 2021 Appeal Ref: APP/M5450/W/21/3266965 25A Merivale Road, Harrow, Middlesex HA1 4BJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Robert Murphy against the decision of the Council of the London Borough of Harrow. • The application Ref P/3849/20, dated 14 October 2020, was refused by notice dated 11 December 2020. • The development proposed is a loft conversion, formation of rear dormer, insertion of front roof lights. Decision 1. The appeal is allowed and planning permission is granted for a loft conversion, formation of rear dormer, insertion of front roof lights at 25A Merivale Road, Harrow, Middlesex HA1 4BJ. The permission is granted in accordance with the terms of the application, Ref: P/3849/20, dated 14 October 2020, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

Page 1 · Chunk 1 Appeal Decision

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan; Proposed First and Second Floor, ref: KS/2020/02; Section A-A, ref KS/2020/03; Existing and Proposed Elevations, ref KS/2020/04. 3) The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building. Preliminary Matters 2. During the course of the appeal, the revised London Plan (March 2021) (the LP) was published. The Council was asked to provide the relevant policies from the new plan but did not respond. Policy D6 advises the same minimum space standards for new dwellings as policy 3.5 in the 2016 London Plan, which is referenced in the reason for refusal. The appellant was provided an opportunity to comment on the relevance of this revised policy, but no response was received. I have proceeded to determine the appeal on this basis. Main Issue 3. The main issue is the effect of the proposal on the living conditions of future occupiers of the appeal property with regards to the floor area created. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — Appeal Decision Appeal Decision APP/M5450/W/21/3266965 Reasons 4. The appeal property is a first floor flat with unused loft space. The host building forms part of a long terrace in a residential area. The proposal seeks to convert the loft space into an additional bedroom by constructing a dormer window to the rear elevation and installing rooflights to the front. 5. The Council contend that the proposed development does not meet the minimum requirements of Policy D6 of the LP, in particular table 3.1, and the ‘Technical Housing Standards – Nationally Described Space Standard’ (the Standard) with regard to the gross internal area of the resulting flat due to uncertainty as to the number of occupants who could potentially reside at the property. 6. However, both Policy D6 and guidance in the Standard clearly state these space requirements relate to the creation of new dwellings. The appeal proposal would not result in the creation of a new dwelling, which is confirmed in the application form, nor would it result in the conversion of the premises to multiple homes. From the submitted plans it is clear the proposal is to extend an existing residential flat. 7.

Page 2 · Chunk 3 Appeal Decision

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — Appeal Decision Moreover, the Council raise no objection in relation to the design of the dormer, the floor to ceiling heights and/or provision of daylight or outlook. The proposal would make a more efficient use of the existing building, including its attic space. I observed dormer windows and loft conversions to be a common feature of other houses in the terrace and the surrounding streets. This aligns with advice contained within the Residential Design Guide Supplementary Planning Document (the SPD) (adopted December 2010), which states that attics can provide additional bedroom space as part of a split-level flat. 8. I therefore conclude that the proposed development would provide suitable living conditions for future occupiers of the property. It would comply with the relevant requirements of policies DM1 and DM26 of the Harrow Council Development Management Policies (adopted July 2013). These seek to ensure all development achieves a high standard of privacy and amenity, including the adequacy of the internal layout of buildings in relation to the needs of future occupiers. Conditions 9. I have imposed the standard time limit condition.

Page 2 · Chunk 4 Appeal Decision

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — Appeal Decision A condition requiring that the development is carried out in accordance with the approved plans is necessary to provide certainty for all parties. In the interests of the character and appearance of the host building, terrace and local area, a condition is necessary to ensure that the external materials of the new extension match those of the existing house. Conclusion 10. For the above reasons, having had regard to the development plan as a whole and all other relevant material considerations, I conclude that the appeal should be allowed subject to the conditions as set out.

Page 2 · Chunk 5 C McDonagh

25A Merivale Road, Harrow, Middlesex, HA1 4BJ — London Borough of Harrow — C McDonagh INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
For appellant
¶8

The proposed development would make a more efficient use of the existing building, including its attic space, and comply with policies DM1 and DM26 of the Harrow Council Development Management Policies.

Policies relied on

Reference Weight
DM1, DM26 (Harrow Council Development Management Policies, adopted July 2013)
Policy D6 (London Plan, March 2021)
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 4 October 2021 under the Open Government Licence.