Case 3282265

30 Davisville Road, LONDON, W12 9SJ

London Borough of Hammersmith and Fulham — appeal allowed

Outcome
Allowed
Decision date
12 July 2022
Authority
London Borough of Hammersmith and Fulham
Inspector
Walker A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Householder developments
Appellant
Mr J Chambers
Agent
Mr Jonathan Wright
LPA reference
2021/01559/FUL
ONS LPA code
E09000013
Jurisdiction
Transferred
Link status
Child
Start date
12 October 2021

Summary AI

The appeal was allowed as the development did not cause significant harm to the character and appearance of the building and area. The increase in ridge height was modest and in keeping with the prevailing character of the street.

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

PDF text

Page 1 · Chunk 0 by Andrew Walker MSc BSc(Hons) BA(Hons) BA PgDip MCIEH CEnvH JP

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — by Andrew Walker MSc BSc(Hons) BA(Hons) BA PgDip MCIEH CEnvH JP an Inspector appointed by the Secretary of State Decision date: 12 July 2022

Page 1 · Chunk 1 30 Davisville Road, London W12 9SJ

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — 30 Davisville Road, London W12 9SJ • The appeal is made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. • The appeal is made by Mr J Chambers against an enforcement notice issued by the Council of the London Borough of Hammersmith & Fulham. • The enforcement notice was issued on 11 August 2021. • The breach of planning control as alleged in the notice is without planning permission, the construction of a rear roof extension involving an increase in the ridge height by 300mm. • The requirements of the notice are to i) Demolish the rear roof extension and reinstate the original roof or ii) Reduce the ridge height of the rear roof extension in accordance with the approved drawings 408-P-03-01 Rev P and 408-P-02-01 Rev L of planning permission ref. 2020/02040/FUL, attached to the notice. • The period for compliance with the requirements is 8 months. • The appeal is proceeding on the ground set out in section 174(2) (g) of the Town and Country Planning Act 1990 as amended.

Page 1 · Chunk 2 30 Davisville Road, London W12 9SJ

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — 30 Davisville Road, London W12 9SJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (the Act) against a refusal to grant planning permission. • The appeal is made by Mr Chambers against the decision of the Council of the London Borough of Hammersmith & Fulham. • The application Ref 2021/01559/FUL, dated 7 May 2021, was refused by notice dated 6 July 2021. • The development is a 300mm increase in ridge height in relation to planning application 2016/04644/FUL.

Page 1 · Chunk 3 reasonable.

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — reasonable. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 reasonable.

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — reasonable. https://www.gov.uk/planning-inspectorate Appeal Decisions APP/H5390/C/21/3283464, APP/H5390/W/21/3282265 4. The appellant’s case, in essence, is that a period of 8 months for compliance is insufficient as it does not allow for the tenant occupying the top flat to vacate the property before the works of demolition/alteration. He requests 12 months. However, while the appellant refers to an assured shorthold tenancy, he has not provided evidence of that tenancy or information as to when it ends or the length of notice that must be given to the tenant. In the absence of such submissions, I am otherwise satisfied that 8 months is a reasonable time in which all works can be completed. 5. Accordingly ground (g), and Appeal A, do not succeed and I uphold the enforcement notice. However, given my decision on Appeal B, this is largely academic since section 180 of the Act provides that the notice shall cease to have effect so far as is inconsistent with the planning permission granted. Appeal B Main issue 6. The main issue in this appeal is the effect of the development on the character and appearance of the building and area. Reasons 7.

Page 2 · Chunk 5 reasonable.

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — reasonable. Davisville Road is an urban residential street within a wider residential area which is characterised by rows of relatively tall Victorian terraced properties. There are numerous local examples of properties with higher roof ridge lines than their neighbours, and the increase in respect of the appeal development – which is modest and below the height of the parapet walls - does not appear out-of-keeping with the prevailing character in this regard. 8. Further, the width of the street in combination with the height of the 3-storey mid-terraced appeal property makes it difficult to obtain anything more than a very limited view of roof features. As such, the increased ridge height would cause limited impact upon visual amenity even were it not such a common-place feature of local roofscapes. For the same reasons, the very limited visibility of the front roof slope in public views makes the slightly increased angle of a few degrees similarly unharmful to local character and appearance. The visual impact is rendered more insignificant still by the containment of the front slope within the parapet walls to either side.

Page 2 · Chunk 6 reasonable.

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — reasonable. When appreciated within this context, the features of the appeal development remain subservient to the host building and are not otherwise harmful to visual amenity. 9. For these reasons, the appeal development causes no harm to the character and appearance of the building or area. Accordingly, there is no conflict with Policies DC1 and DC4 of the Hammersmith & Fulham Local Plan (February 2018) which together seek a high standard of design for alterations and extensions to existing buildings. 10. Accordingly, I will grant planning permission for the development and Appeal B succeeds.

Page 2 · Chunk 7 Andrew Walker

30 Davisville Road, LONDON, W12 9SJ — London Borough of Hammersmith and Fulham — Andrew Walker 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

Character and appearance
Against appellant
¶7

The increased ridge height was not out-of-keeping with the prevailing character of the street, and the visibility of the front roof slope was limited due to the containment within parapet walls.

Character and appearance
For appellant
¶10

The development caused no harm to the character and appearance of the building or area, and there was no conflict with Policies DC1 and DC4 of the Hammersmith & Fulham Local Plan.

Policies relied on

Reference Weight
Policies DC1 and DC4 of the Hammersmith & Fulham Local Plan
Substantial

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 12 July 2022 under the Open Government Licence.