Case 3286122

167B Hertford Road, ENFIELD, EN3 5JG

London Borough of Enfield — appeal allowed

Outcome
Allowed
Decision date
1 June 2022
Authority
London Borough of Enfield
Inspector
Savage K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Other minor developments
Appellant
MR BILAL HASSAN
Agent
MRS NURHAN ERK
LPA reference
21/03238/FUL
ONS LPA code
E09000010
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 January 2022

Summary AI

The appeal was allowed for a double storey infill rear extension at Flat B and Flat C, 167 Hertford Road, Enfield EN3 5JG. The proposal would not alter the overall scale or relationship of the block with the surrounding built form, and would preserve the character and appearance of the area. The loss of a small external space would be limited and offset by increased internal living space.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision Site visit made on 13 May 2022 by K Savage BA(Hons) MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 01 June 2022 Appeal Ref: APP/Q5300/W/21/3286122 Flat B and Flat C, 167 Hertford Road, Enfield EN3 5JG • 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 Bilal Hassan against the decision of the Council of the London Borough of Enfield. • The application Ref 21/03238/FUL, dated 22 August 2021, was refused by notice dated 21 October 2021. • The development proposed is a double storey infill rear extension. Decision 1. The appeal is allowed and planning permission is granted for a double storey infill rear extension at Flat B and Flat C, 167 Hertford Road, Enfield EN3 5JG in accordance with the terms of the application, Ref 21/03238/FUL, dated 22 August 2021, 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

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision 2) The development hereby permitted shall be carried out in accordance with the following approved plans: BILAL-08-PL01 (Existing Floor Plans); BILAL-08-PL02 (Existing North Elevation); BILAL-08-PL03 (Existing South Elevation); BILAL-08-PL04 (Existing West 7 East Elevations); BILAL-08- PL05 (Proposed Floor Plans); BILAL-08-PL06 (Proposed East - North Elevations); BILAL-08-PL07 (Existing Block Plan); BILAL-08-PL08 (Proposed Block Plan); Site Location Plan (1:1250). 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. Main Issue 2. The effect of the proposal on the character and appearance of the area. Reasons 3. The appeal relates to a two storey, flat roofed block containing two flats which stands to the rear of a short terrace on Hertford Road containing commercial units on the ground floor and residential units to the upper two floors. A vehicular entrance runs to the side of the block and behind it, providing parking and rear access for the commercial units. The ground floor units extend beyond the upper floors of the terrace, creating a wide flat roof at first floor level. 4.

Page 1 · Chunk 2 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision The existing block is L-shaped, with a cut-out to the rear corner that provides a small external space for the ground floor flat. It is utilitarian in its design, with unrelieved brick facades and no discernible fenestration pattern. The proposal https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision The existing block is L-shaped, with a cut-out to the rear corner that provides a small external space for the ground floor flat. It is utilitarian in its design, with unrelieved brick facades and no discernible fenestration pattern. The proposal https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision Appeal Decision APP/Q5300/W/21/3286122 would infill the L-shape and square off the block. This would increase its overall massing, but not significantly so. In rearward views from the flats, the block would not appear substantially larger given the extension would stay within the existing side and rear building lines, and would add massing to the outer side of the structure, away from the flats. As the block already forms an isolated structure to the rear of the terrace, the enlargement from the infill extension would not demonstrably alter its overall scale or its relationship with the surrounding built form. 5. The proposal would continue the simple design of the existing block in red brick, which is characteristic of the surroundings. Views of the extension would be limited to the private space to the rear of the terrace and private views from the flats, from where the block would continue to form a large but relatively neutral building within a backland area characterised by commercial activity where function predominates over form.

Page 2 · Chunk 5 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision The extension would also be seen from the school playground to the rear of the appeal site, but from here the block would still retain a box shape and similar overall massing, and so would not have a significant effect on townscape views from this direction. 6. For these reasons, I conclude that the proposal would preserve the character and appearance of the area. No conflict therefore arises with Policies CP30 of the Enfield Core Strategy (2010), Policies DMD8, DMD37 of the Enfield Development Management Document (2014) or Policy D3 of the London Plan (2021), which together require high quality development that takes account of the nature of the surrounding area and land use, and responds to its context through its layout, orientation, scale, appearance and shape. Other Matters 7. The application was not refused on the basis of the effect on neighbours’ living conditions. Given the distance between the flats and the proposed extension, it would not have an overbearing or intrusive effect on neighbouring occupants, and would not lead to a material loss of light, outlook or privacy. 8. The proposal would result in the loss of the small external space serving the ground floor flat.

Page 2 · Chunk 6 Appeal Decision

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — Appeal Decision However, I saw the space to be quite confined and its position adjacent to areas used for parking and commercial refuse storage lessens its value for occupants. Its loss would therefore have a limited adverse effect, but this would be offset by increased internal living space for both flats. I also note the flats are within easy walking distance of the public open space and amenities of Durants Park. Given this, I am satisfied that the proposal would maintain a suitable standard of accommodation for occupants of the flats. Conclusion 9. For these reasons, I conclude that the proposal accords with the development plan, taken as a whole. There are no material consideration which indicate permission should nevertheless be withheld. Therefore, the appeal should be allowed, subject to conditions specifying the relevant drawings, to provide certainty, and requiring external surface materials to match the existing building in order to secure a satisfactory appearance.

Page 2 · Chunk 7 K Savage

167B Hertford Road, ENFIELD, EN3 5JG — London Borough of Enfield — K Savage 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
For appellant
¶5

The extension would not demonstrably alter the block's overall scale or its relationship with the surrounding built form. The proposal would preserve the character and appearance of the area.

Living conditions
For appellant
¶7

The distance between the flats and the proposed extension would not result in an overbearing or intrusive effect on neighbouring occupants.

Living conditions
Against appellant
¶8

The proposal would result in the loss of a small external space, but this would be limited and offset by increased internal living space.

Policies relied on

Reference Weight
Policy D3 of the London Plan (2021)
Determinative
Policy CP30 of the Enfield Core Strategy (2010)
Determinative
Policy DMD8 of the Enfield Development Management Document (2014)
Determinative
Policy DMD37 of the Enfield Development Management Document (2014)
Determinative

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 1 June 2022 under the Open Government Licence.