Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Site Visit made on 6 September 2021 by B Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 29 September 2021 Appeal Ref: APP/Z5630/W/21/3267869 Double garage and land at Genesis House, 37 Woodlands Road, SURBITON KT6 6PR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Geoff Shore against Royal Borough of Kingston Upon Thames. • The application Ref 20/01227/FUL, is dated 5 June 2020. • The development proposed is Demolition of existing garage. Construction of detached one between two storey dwelling. Decision 1. The appeal is dismissed. Applications for costs 2. An application for costs has been made by Mr Shore against the Royal Borough of Kingston upon Thames. This application is subject to a separate decision. Preliminary Matters 3. A revised version of the National Planning Policy Framework (The Framework) was published with immediate effect on 20 July 2021. Policies within the revised Framework are material considerations which should be taken into account in decision making.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Main parties have been given an opportunity to comment on this and I have taken into account any subsequent comments received in arriving at my decision. 4. An amended plan (ref 430/04 Rev A), showing the front dormer window reduced in size and including glazing bars, was submitted to the Council during its consideration of the scheme. I have dealt with the appeal on the basis of the amended plan, which does not materially change the substance of the proposal and would not prejudice any party. Background and Main Issues 5. The Council failed to make a decision on the proposal within its prescribed 8- week timeframe. As a result, the appellant has elected to make an appeal against non-determination. Following the lodge of the appeal the Council then produced an officer report and issued a decision notice refusing the proposal for three reasons. This decision notice has no legal status as it was made after the appeal was lodged. However, it identifies the main issues in dispute between main parties. These are: https://www.gov.uk/planning-inspectorate

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Appeal Decision APP/Z5630/W/21/3267869 • Whether the proposed development would preserve or enhance the character or appearance of the Southborough Conservation Area (SCA), • The effect of the design and layout of the proposed dwelling on the living conditions of future occupiers with respect to sunlight, daylight and outlook. Reasons Character and appearance 6. Woodlands Road is a suburban residential street. The local predominant pattern of development consists of large houses on large plots. These are recessed from the street and set behind mature landscaped frontages. The appeal site is located close to the crest of a hill, with 35 Woodlands Road (No 35), slightly elevated above the site. Genesis House is recessed further back into its plot in comparison to neighbouring development. It has been converted into eleven flats. The front area includes shared car parking that is located behind a wall and gates. A double garage with a flat roof stands to the side of the car park ahead and detached from Genesis House. The appeal site includes the garage. This is of no great architectural interest but is relatively innocuous in views from the street due to its overall scale.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Accordingly, the current building makes a neutral contribution to the character and appearance of the area. 7. The site is within the SCA. My statutory duty1, requires me to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area. Furthermore, paragraph 199 of the Framework requires great weight to be given to an asset’s conservation when considering the impact of the proposal on its significance. The Council describes the SCA as consisting of large, detached houses dating from the 1860’s to 1930’s surrounding the Grade II listed Southborogh House. The significance of the SCA therefore seems to derive from the age and architectural interest of the buildings, their scale, the spacing of individual buildings and their setting within spacious and verdant plots. 8. In replacing the existing garage, the dwelling would be ahead of the front building lines of both Genesis House and No 35. It would be taller and longer than the existing garage. Although being adjacent to a planted side boundary and retaining wall, the proposal would be clearly visible from the highway.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision It would be especially overt when travelling south through gaps in the existing landscaped frontage and the access drive. It would therefore be located in a prominent location. Due to its scale, the dwelling would be an overt and anomalous addition to the streetscene. Furthermore, the size of the plot would not be in keeping with the scale of local plot sizes and as such it would be out of character with the local pattern of development. 9. The dwelling would include large dormer windows within a steeply sloping roof. A large patio window would be located on its front elevation, with a large window above. Although the first-floor window, on the front elevation, has been reduced in width, it would nevertheless appear as a stark and incongruous feature. Its window sill would be lower than those of the remaining dormers which would emphasise the glass component of the front elevation in contrast to the style of local buildings. The roof form would be a bulky addition 1 section 72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 https://www.gov.uk/planning-inspectorate 2

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Appeal Decision APP/Z5630/W/21/3267869 that would be out of character with local roof styles. Moreover, the commonality between the proposed dormers and the projecting bay of the main house would be limited. Consequently, the combination of window design, sizes and heights together with the disjointed and uncommon roof form would result in a building that fails to hold together with complementary features or sit comfortably within its setting. 10. Therefore, the design of the proposed dwelling, its plot size and position would not be reflective of the predominant pattern of local development. Although, the proposal would incorporate traditional materials this would not satisfy the concerns raised with respect to design and form. Consequently, the proposal would not result in a well-designed place or consist of high-quality design. Furthermore, a planning condition for additional landscaping would not enable the proposal to successfully integrate into the local streetscene. 11. The approved garage extension would be substantially smaller than the proposal. This would not therefore have a similar or worse effect on the character and appearance of the SCA.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Also, any vehicle noise associated with the extended garage would be similar to the existing lawful situation, irrespective of whether or not the parking areas are currently in use. Consequently, the approved extension would not provide a compelling reason to support the proposal. 12. Consequently, the proposed dwelling would not preserve or enhance the character or appearance of the SCA. Accordingly, the proposal would conflict with policies CS8, DM10 and DM12 of the Royal Borough of Kingston Upon Thames Core Strategy (2012)(CS) with respect to matters of character and appearance. These seek, among other matters, for development to recognise distinctive features and character, incorporate principles of good design, and to preserve and enhance locally distinctive heritage assets. These policies are generally consistent with the Framework that requires development to be sympathetic to local character and history, including the built environment and landscape setting. 13. In terms of the advice in paragraph 202 of the Framework, the harm to the conservation area would be ‘less than substantial’ affecting only its immediate surroundings, having only a localised effect.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision The Framework sets out the need to address ‘less than substantial harm’ in a balanced manner against the public benefits associated with such schemes. The proposal would deliver one dwelling and provide some construction employment. In so far as these benefits may constitute public benefits, these would be insufficient to outweigh the harm identified to the conservation area. Living conditions 14. The proposed dwelling would be located adjacent to the shared car park, with a retaining wall and substantive landscape screen to its side and rear. The ground and first floor layout plan would respond to this local context with windows that would largely provide an outlook towards the street and over the car park, the majority of which would be at first floor. The small area of garden in front of the ground floor bedroom would provide an outlook of limited quality due to the adjacent mature tree screen and front boundary. However, in general terms the outlook would largely be open and clear of visual obstruction. https://www.gov.uk/planning-inspectorate 3

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Appeal Decision APP/Z5630/W/21/3267869 15. The front windows would be east facing and receive some morning sunlight. This would be partially compromised due to the proximity of the adjacent landscaping and the frontage enclosure. Windows to the side, being north facing, would have reduced sunlight. In terms of daylight, general light levels would be reasonable for windows on the north elevation but would be substantially reduced on the east elevation. Nevertheless, the Appellant’s sunlight/daylight assessment shows that all rooms would receive an Annual Daylight Factor of more than 2% and greater than 25% Annual Sunlight hours. This illustrates that the proposed habitable rooms would receive acceptable daylight and sunlight levels that would exceed the minimum required by the BRE Guidelines2. The assessment appears to be well considered and I see no reason not to concur with its conclusions. 16. As a result, the proposed dwelling would create satisfactory living conditions for future occupiers. The proposed dwelling would therefore accord with policy DM10 of the CS with respect to living conditions.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision This requires, among other matters, for development to have regard to the amenities of occupants, including in terms of sunlight, daylight and outlook. This objective is consistent with the Framework that requires development to create a high standard of amenity for future occupiers. Other Matters 17. The proposal would result in the removal of four parking spaces. This resultant reduction of car movements on the local highway network would be a negligible gain to the environment of consequently limited weight in favour of the proposal. 18. A recent planning approval for a pair of semi-detached dwellings is located on the corner of Love Lane and Herne Road. In review of the submitted evidence, its design and relationship to surrounding built form appears to be substantially different to the proposed scheme. Reference has also been made to a recent planning approval at 4A Surbiton Crescent. Although limited details have been provided of its context, it is reported as being three storey development that replaced a retail unit. This is therefore a significantly different form of development to the current proposal. As such, these decisions are materially different and have no real bearing on the merits of the case.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Planning balance and conclusion 19. The Council has identified earlier this year that it could not demonstrate a five Year Housing Land Supply. Paragraph 11(d) of the Framework indicates that in such circumstances the policies of most importance for determining the application are out-of-date, and the presumption in favour of sustainable development applies. However, this does not apply where the application of policies within the Framework, that protect areas or assets of importance including designated heritage assets, provide a clear reason for refusing the development. As I have found harm in this case, to the Southborough Conservation Area, the presumption in favour of sustainable development does not apply, an important consideration in the planning balance. 20. The Framework seeks to significantly boost the supply of housing and the proposal would make efficient use of previously developed land. Nevertheless, 2 Building Research Establishment Guidelines Good Practice Guide 2011. https://www.gov.uk/planning-inspectorate 4

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — Appeal Decision Appeal Decision APP/Z5630/W/21/3267869 the proposed development would demonstrably harm the character and appearance of the area and would conflict with the development plan when taken as a whole. There are no material considerations that indicate the decision should be made other than in accordance with the development plan. Therefore, for the reasons given, I conclude that the appeal should not succeed, and planning permission is refused.

Double garage and land at Genesis House, 37 Woodlands Road, SURBITON, KT6 6PR — Royal Borough of Kingston Upon Thames — B Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 5