41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ
Leeds City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 17 December 2021
- Authority
- Leeds City Council
- Inspector
- Hunt S
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- MR Amer Akram
- Agent
- Mr K Singh
- LPA reference
- 20/08325/FU
- ONS LPA code
- E08000035
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 14 September 2021
Summary AI
The appeal to build a first-floor extension to an existing garage was dismissed due to concerns over the impact on the character and appearance of the area. The security shutter on the building was seen as a commercial feature that detracted from the residential character of the area. The proposed extension would have a significant visual impact and would result in harm to the setting and character of the host property.
PDF text
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Appeal Decision Site visit made on 14 December 2021 by S Hunt BA (Hons) MA MRTPI Inspector appointed by the Secretary of State Decision date: 17 December 2021 Appeal Ref: APP/N4720/W/21/3282123 41 Spencer Place, Chapeltown, Leeds LS7 4DQ • 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 A. Akram against the decision of Leeds City Council. • The application Ref 20/08325/FU, dated 11 December 2020, was refused by notice dated 14 June 2021. • The development proposed is first floor extension to existing garage. Decision 1. The appeal is dismissed. Procedural Matters 2. The description as set out in the banner heading above refers to a first floor extension only, however the Council’s officer report and appellant’s statement also refer to the retention of a security shutter on the existing building, and this is shown on the submitted plans. I saw the security shutter was in place on my site visit and I am therefore considering this element of the proposed development on a retrospective basis. Main Issue 3. The main issue is the effects of the proposed development on the character and appearance of the appeal site and the surrounding area.
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Appeal Decision Reasons 4. The existing garage is situated to the end of the rear garden of no. 41 Spencer Place which is a three storey end of terrace dwelling. Spencer Place is an attractive wide tree-lined avenue containing a range of similar large terraced houses. The appeal site backs onto Gathorne Street where the character changes to a more dense street layout of smaller two storey terraced houses. The site is prominent from a number of viewpoints given its location on the corner of three streets. 5. I noted a number of garages and outbuildings to the rear of the terraces backing onto Gathorne Street, largely beyond Gipton Avenue, some of which appear to have a second storey within the roof space. However, there are very few detached structures to the rear of the terrace in which the appeal site is located, and there are none to its immediate neighbours. 6. From the elevation facing the host property, the existing garage building retains a traditional appearance with architectural detailing. It has a mono- https://www.gov.uk/planning-inspectorate
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Appeal Decision Appeal Decision APP/N4720/W/21/3282123 pitch slate roof with an interesting pyramidal feature to the centre, timber dentil blocks to the gutters and a small lean-to projection, all of which break up its massing. 7. From the Gathorne Street elevation, the building has been substantially altered in the past. It has modern features including a poorly fitted upvc window and a solid grey steel roller security shutter which fills almost the entire width of the building. The roller shutter was closed when I viewed the site, however the submitted plans indicate a door and window behind it, together with a large opening. By virtue of its scale, design, and use of inappropriate materials, the security shutter significantly jars with the character of the existing building, the host property and the street scene. It gives the building a commercial appearance, detracting from the residential character of the area. 8. The proposed first floor extension would have limited effects when viewed directly from the Gathorne Street elevation. However, when one moves further along the street, its visual impact would be significant. The roof would have a very slight almost unnoticeable incline so it would appear as flat.
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Appeal Decision This is a roof type which is not a characteristic feature of the area. From the side the entire building would appear as a large, discordant boxy structure unrelated to the host building and its surroundings. The harm to the Gipton Avenue elevation would be particularly significant, with a mass of brick wall directly adjacent to the footpath dominating the street scene. The aforementioned architectural features at the rear of the building would be completely lost, resulting in harm to the setting and character and appearance of the host property. 9. The proposed extension to the building and the retention of the security shutter would both result in significant harm to the character and appearance of the appeal site and the surrounding area. The proposals fail to comply with Policy P6 of the Leeds Core Strategy (selective review 2019) and saved policies GP5 and BD6 of the Leeds Unitary Development Plan Review (2006) which seek good design appropriate to its context and which respects the scale, form, detailing and materials of the original building. 10.
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Appeal Decision The proposed development also conflicts with Policy HDG1 of the Householder Design Guide supplementary planning document which requires extensions and alterations to respect the character and appearance of the main dwelling and the locality. Furthermore, I find conflict with National Planning Policy Framework paragraph 127 in terms of the lack of sympathy with local character, and paragraph 130 in relation to the poor design which fails to take into account local design standards. Conclusion 11. The appeal is dismissed.
41 Spencer Place, Chapeltown, LEEDS, LS7 4DQ — Leeds City Council — Susan Hunt Inspector https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶7
The security shutter on the existing building was seen as a commercial feature that detracted from the residential character of the area, and its retention would result in significant harm to the character and appearance of the appeal site and surrounding area.
Character and appearance Against appellant ¶8
The proposed first-floor extension would have a significant visual impact and would result in harm to the setting and character of the host property.
Character and appearance Against appellant ¶9
The proposed extension to the building and the retention of the security shutter would both result in significant harm to the character and appearance of the appeal site and the surrounding area.
Other Against appellant ¶9
The proposals fail to comply with Policy P6 of the Leeds Core Strategy, saved policies GP5 and BD6 of the Leeds Unitary Development Plan Review, and Policy HDG1 of the Householder Design Guide supplementary planning document.
Other Against appellant ¶10
The proposals conflict with National Planning Policy Framework paragraphs 127 and 130 in terms of the lack of sympathy with local character and poor design.
Policies relied on
| Reference | Weight |
|---|---|
| P6 of the Leeds Core Strategy |
Determinative |
| GP5 and BD6 of the Leeds Unitary Development Plan Review |
Determinative |
| Policy HDG1 of the Householder Design Guide supplementary planning document |
Determinative |
| National Planning Policy Framework paragraphs 127 and 130 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 17 December 2021 under the Open Government Licence.