Flat, 72a Sheen Road, RICHMOND, TW9 1UF
Richmond Upon Thames London Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 15 February 2022
- Authority
- Richmond Upon Thames London Borough Council
- Inspector
- Tucker A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- Mr Jose Jales
- Agent
- Mr Dairaj Bancil
- LPA reference
- 21/1452/FUL
- ONS LPA code
- E09000027
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 November 2021
Summary AI
The appeal was allowed because the proposed roof extension would preserve the character and appearance of the building and the area, including the Sheen Road Conservation Area. The inspector considered that the extension would not be prominent and would be in keeping with the local character.
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Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision Site visit made on 8 February 2022 by A Tucker BA (Hons) IHBC an Inspector appointed by the Secretary of State Decision date: 15 February 2022 Appeal Ref: APP/L5810/W/21/3281911 72a Sheen Road, RICHMOND, TW9 1UF • 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 Jose Jales against the decision of Richmond Upon Thames London Borough Council. • The application Ref 21/1452/FUL, dated 15 April 2021, was refused by notice dated 1 July 2021. • The development proposed is erection of second floor storey to the original building to create more space to the existing first floor one bedroom flat, with associated bin storage and bicycle parking at the rear. Decision 1. The appeal is allowed, and planning permission is granted for erection of second floor storey to the original building to create more space to the existing first floor one bedroom flat, with associated bin storage and bicycle parking at the rear, at 72a Sheen Road, Richmond, TW9 1UF, in accordance with the terms of the application, Ref: 21/1452/FUL, dated 15 April 2021, subject to the conditions set out in the attached schedule. Preliminary Matters 2.
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision I have made a minor adjustment to the description of the proposal entered on the application form by replacing the word ‘house’ with ‘ building’, to make the description more accurate. 3. On 20 July 2021, after the Council made its decision, the Government published its revised National Planning Policy Framework (the Framework). I am satisfied that the changes are not significant in relation to the appeal proposal. I therefore do not consider it necessary to invite further comments from the parties on this matter. Main Issue 4. The effect of the proposal upon the character and appearance of the building and the area, including the Sheen Road Conservation Area. Reasons 5. The appeal site is within the Sheen Road Conservation Area (SRCA). The statutory duty set out in Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA) requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area. https://www.gov.uk/planning-inspectorate
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/21/3281911 6. The SRCA is centred on Sheen Road, which is an historic route from Richmond into London. Buildings along the road mostly date from the 18th and 19th centuries. In the immediate context of the appeal site they comprise substantial commercial terraces with modest detailing that front the back edge of the pavement. 7. The appeal building is recognised by the Council as a building of townscape merit. It is much more modest than the adjacent buildings. It is suggested that it filled a gap between the two terraces to either side, blocking an historic access to a building at the rear. The modest appearance of the building, including its simple use of traditional materials, is a positive characteristic of the streetscene. The appeal building and the buildings to either side as well as those opposite provide a greater sense of enclosure than is found elsewhere in the SRCA. These factors contribute to the characterful mix of historic buildings that give the SRCA its significance. 8. The proposed roof extension would be set well back from the front parapet, to the extent that views from Sheen Road would be limited.
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision In a longer view of the building from the end of Worple Way the proposal would be more visible; however, owing to its set back position, it would appear as a secondary subservient element behind the building’s parapet. It would not be prominent to view and would be well below the height of the buildings to either side, thus maintaining the rhythm of the existing streetscene. The substantial chimney breasts of No. 74 Sheen Road would still be seen easily over the height of the proposed extension. 9. At my visit to the area I saw examples of mansard roof forms used on buildings nearby on Sheen Road. In some cases these are used to fill small gaps between large buildings, and in other cases a mansard roof is used in a prominent manner such as the historic example at Nos. 40-46 Sheen Road. I am therefore satisfied that the use of a mansard roof form would not appear out of place within the SRCA. 10. In summary, the proposal would preserve the character and appearance of the building and the area, including the SRCA. It would thus accord with the requirements of the LBCA and paragraph 199 of the Framework, which states that great weight should be given to the conservation of heritage assets.
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision It would accord with Policies LP1, LP3 and LP4 of the London Borough of Richmond upon Thames Local Plan 2018, which together seek to ensure that development proposals are designed to a high quality that is compatible with local character and conserve the historic environment including non-designated heritage assets. Other Matters 11. I am mindful of the concerns relating to the potential for the proposal to impact on existing drainage, ventilation and other fittings associated with the side elevations of both neighbouring buildings that face over the roof of the appeal building. This matter, including considerations of future maintenance, are however civil matters between the parties that have no bearing on the planning merits of the case. https://www.gov.uk/planning-inspectorate 2
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/21/3281911 Conditions 12. I have had regard to the planning conditions suggested by the Council. I have considered them against the tests in the Framework and the advice in the Planning Practice Guidance. I have imposed a condition specifying the approved plans as this provides certainty. I have imposed a condition relating to materials to safeguard the character and appearance of the building and the area. 13. I have imposed a condition relating to fire safety to ensure that the development incorporates the necessary fire safety measures. 14. I have imposed a condition to manage the use of vehicles and equipment during construction to help mitigate the impact of the development on air quality. Conclusion 15. For the reasons above, the appeal should be allowed.
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 3
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — A Tucker INSPECTOR https://www.gov.uk/planning-inspectorate 3
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — A Tucker Appeal Decision APP/L5810/W/21/3281911 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 89 -01/MT, 89 -02/MT, 89 -03/MT, 89 -04/MT, 89 -05/MT, 89 -06/MT and 89 -07/MT. 3) No new external finishes (including fenestration), including works of making good, shall be carried out other than in accordance with the details submitted. 4) The development hereby approved shall be carried out in accordance with the provisions of the Fire Safety Strategy Statement unless otherwise approved in writing by the Local Planning Authority. 5) During onsite construction of any phase of development, all non-road transportable industrial equipment or vehicles which are fitted with an internal diesel powered compression ignition engine between 37 and 560KW are required to meet Stage III of the EU Directive 97/68/E and be NRMM registered. Such equipment or vehicles must be run on ultra low sulphur diesel, which is fuel meeting the specification with BS EN 590. Where these standards are succeeded they should be applied when reasonable.
Flat, 72a Sheen Road, RICHMOND, TW9 1UF — Richmond Upon Thames London Borough Council — A Tucker Exemptions to these standards may be granted for specialist equipment or for equipment with alternative emission reduction equipment or equipment that runs on alternative fuels. Such exemption shall be applied for in writing to the local planning authority in advance of its use, detailing the reasons for the exemption being sought and clearly identifying the subject vehicles. Such equipment must not be used until written exemption has been issued by the local planning authority. No vehicles or equipment to which the above emission standards apply shall be on site, at any time, whether in use or not, unless it complies with the above standards, without the prior written consent of the local planning authority. https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Heritage impact For appellant ¶7
The appeal building is a building of townscape merit and its modest appearance is a positive characteristic of the streetscene. The proposed roof extension would not be prominent and would be in keeping with the local character.
Living conditions For appellant ¶8
The proposed roof extension would be set well back from the front parapet, limiting views from Sheen Road, and would appear as a secondary subservient element behind the building's parapet.
Heritage impact For appellant ¶9
The use of a mansard roof form would not appear out of place within the Sheen Road Conservation Area, as it is used on nearby buildings on Sheen Road.
Living conditions Neutral ¶10
The proposal would preserve the character and appearance of the building and the area, including the Sheen Road Conservation Area, and would accord with the requirements of the LBCA and paragraph 199 of the Framework.
Policies relied on
| Reference | Weight |
|---|---|
| LP1, LP3 and LP4 of the London Borough of Richmond upon Thames Local Plan 2018 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 15 February 2022 under the Open Government Licence.