72, Eastcote Road, Welling, Kent, DA16 2ST
London Borough of Bexley — appeal allowed
- Outcome
- Allowed
- Decision date
- 11 July 2022
- Authority
- London Borough of Bexley
- Inspector
- Callister V
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr Jamie Garrod
- Agent
- Graham Simpkin Planning
- LPA reference
- 21/00475/FUL
- ONS LPA code
- E09000004
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 7 February 2022
Summary AI
The appeal for a new four-bedroom house and rear extension at 72 Eastcote Road, Welling, was allowed. The inspector found that the proposal would not harm the character and appearance of the local area. Conditions were imposed to ensure design quality, sustainable travel, and living conditions of neighbouring residents.
PDF text
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision Site visit made on 26 May 2022 by Victor Callister BA(Hons) PGC(Oxon) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 11TH July 2022 Appeal Ref: APP/D5120/W/21/3286977 72 Eastcote Road, Welling DA16 2ST • 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 Jamie Garrod against the decision of the London Borough of Bexley Council. • The application Ref 21/00475/FUL, dated 12 February 2021, was refused by notice dated 7 June 2021. • The development proposed is demolition of detached garage and existing single storey rear extension to enable: (i) erection of a four-bedroom two-storey end of terrace house with rooms in the roof space to include dormer window to rear and 2 No. windows in front roof slope, and; (ii) part one/part two storey rear extension and addition to the roof space of existing house. To include provision of two parking spaces per dwelling. Decision 1.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision The appeal is allowed and planning permission is granted for demolition of detached garage and existing single storey rear extension to enable: (i) erection of a four-bedroom two-storey end of terrace house with rooms in the roof space to include dormer window to rear and 2 No. windows in front roof slope, and; (ii) part one/part two storey rear extension and addition to the roof space of existing house. To include provision of two parking spaces per dwelling. at 72 Eastcote Road, Welling DA16 2ST in accordance with the terms of the application 21/00475/FUL, dated 12 February 2021, and the plans submitted with it, subject to the attached Conditions Schedule. Application for costs 2. An application for costs was made by Mr Jamie Garrod against London Borough of Bexley Council. This application is the subject of a separate Decision. Main Issue 3. The main issue is the effect on the character and appearance of the local area. Reasons 4. The existing dwelling on the appeal property presents as a two storey end of terrace house with a detached garage. This is located on a generous plot with good sized front and rear gardens. The local area is made up of similar short terraces to that which the appeal dwelling forms part.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision The terrace, of which the https://www.gov.uk/planning-inspectorate
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision The terrace, of which the https://www.gov.uk/planning-inspectorate Appeal Decision APP/D5120/W/21/3286977 appeal property forms part, comprises 4 properties, although other terraces in the street are made up of more properties and vary in length. 5. The proposal involves the demolition of a detached garage located to the side of the appeal dwelling and its replacement with a two storey house with some living space proposed at roof level in a dormer element to the rear roof slope. This proposed new dwelling would form the end of a terrace, which would then comprise a terrace of 5 properties. This would also involve the subdivision of the existing garden rear and front garden spaces, which would also allow for off street parking for both existing and proposed dwellings. The proposal also includes the extension of the existing dwelling with a part one/part two storey rear extension 6. The proposed new dwelling would be approximately the same width as the existing dwelling on the appeal property but would end the terrace with a gable end rather than a hipped roof end. The proposal would be deeper than the existing dwelling and its mid terrace neighbour.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision However, at ground level the depth of the proposed dwelling would appear to match that of other existing end of terrace properties in the street, including that of the neighbouring end of terrace property at 74 Eastcote Street. At first floor level the proposed dwelling would be set slightly back from the ground floor. 7. As the proposed dwelling would appear to be in keeping with an established pattern of development, I do not find that the depth of the proposed dwelling would have any adverse effect on views of the appeal property or that of the local area, when viewed from either the street or from the private garden spaces at the rear. I also find that the scale and setting back of the proposed zinc clad dormer roof element of the proposed dwelling would appear as a subordinate element in the context of the design of the proposed dwelling. 8. The depth of the proposed part one/part two storey rear extension to the existing dwelling would align with that of the first floor element of the proposed new dwelling.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision The two storey element of the proposed extension would take the form of a traditional two storey outrigger and would be approximately half the width of the existing house and positioned adjacent to the proposed dwelling. The ground floor part would sit to the side of this. The proposed extension would appear to be visible only from the rear of neighbouring properties, where it would be seen in conjunction with a variety of rear extensions in the local area. From these vantage points, the scale, depth, height, and massing of the proposed extension would result in it appearing as a subservient addition to the existing dwelling and the terrace as a whole. 9. The Council have assessed the proposal, for both the proposed extension and proposed new dwelling, against the Council’s adopted design guidance, contained in the Design and Development Control Guidelines No.2 (2004), where this relates to extensions. This guidance is advice and needs to be applied to the individual proposal and its context. I find that the proposed extension to the existing dwelling is in accordance with this guidance. However, the guidance on extensions does not directly relate to the proposals for new buildings such as the proposed new dwelling.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision Although it may arguably provide some indication of the kind of design that may be acceptable, the Council have not indicated that this is their position but have rather treated the new dwelling as if it is an extension. For these reasons, I find that the proposal, as a whole, is not in conflict with the adopted design guidance. https://www.gov.uk/planning-inspectorate 2
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision Although it may arguably provide some indication of the kind of design that may be acceptable, the Council have not indicated that this is their position but have rather treated the new dwelling as if it is an extension. For these reasons, I find that the proposal, as a whole, is not in conflict with the adopted design guidance. https://www.gov.uk/planning-inspectorate 2
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/21/3286977 10. For the reasons given above, I find that the proposed dwelling and extension to the existing dwelling would not result in harm to the character and appearance of the local area. Conditions 11. To provide certainty and design quality I have added conditions to ensure that the development is carried out in accordance with the approved plans and that materials to be used for the extension match those of the host dwelling and that details of materials and finishes used in the construction of the new dwelling are submitted approved. To promote sustainable travel, I have imposed a condition in relation to cycle parking. To protect the living conditions of neighbouring residential occupiers I have imposed conditions that controls the hours of construction. To protect privacy, I have also imposed a condition relating to the bathroom glazing at first floor level in the proposed new dwelling. 12. In the interests of wider environmental standards and safety I have imposed a condition that deals with the environmental risks associated with contamination of the site.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Appeal Decision In this regard I have also added a condition to ensure that details for the disposal of surface water related to parking spaces and arrangements for storage of refuse and recycling are also submitted and approved. Conclusion 13. The appeal is allowed.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Victor Callister INSPECTOR https://www.gov.uk/planning-inspectorate 3
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Victor Callister INSPECTOR https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/D5120/W/21/3286977 Schedule of Conditions 1. The development hereby permitted shall begin not later than 3 years from the date of this decision. 2. Prior to the start of any above ground works for the construction of the new dwelling hereby approved, a detailed schedule and specification of the materials and finishes to be used shall be submitted to and approved in writing by the Local Planning Authority. The details shall include: • Brickwork • Cladding • Windows and doors • Roofing tiles The development shall be carried out and retained in accordance with the approved details. 3. The materials to be used in the construction of the extension hereby permitted shall match those in the existing building. 4. The first floor bathroom window in the front elevation of the new dwelling hereby permitted shall at all times be glazed with obscured glass and no part of that window that is less than 1.7 metres above the floor shall be capable of being opened. 5.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Victor Callister The new dwelling hereby permitted shall not be occupied until the areas for vehicle parking and secured cycle parking for the development have been laid out, surfaced and drained in accordance with details first submitted to, and approved in writing by, the local planning authority and shall be permanently maintained and available for such use thereafter. 6. Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the local planning authority. These approved schemes shall be carried out before the development is resumed or continued. 7.
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Victor Callister Details of arrangements for storage of refuse and recycling (including means of enclosure for the area concerned where necessary) for the development hereby permitted, shall be submitted to, and approved in writing by, the Local Planning Authority before any above ground works take place and the approved arrangements shall be completed to the satisfaction of the Authority before any part of the development is first occupied, and permanently maintained thereafter. https://www.gov.uk/planning-inspectorate 4
72, Eastcote Road, Welling, Kent, DA16 2ST — London Borough of Bexley — Victor Callister Details of arrangements for storage of refuse and recycling (including means of enclosure for the area concerned where necessary) for the development hereby permitted, shall be submitted to, and approved in writing by, the Local Planning Authority before any above ground works take place and the approved arrangements shall be completed to the satisfaction of the Authority before any part of the development is first occupied, and permanently maintained thereafter. https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/D5120/W/21/3286977 8. No construction work shall take place on the site other than between the hours of 8am and 6pm Monday to Friday and 8.30am and 1pm on Saturdays. There shall be no working on Sundays or Public Holidays. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 5
Main issues and findings
Character and appearance Against appellant ¶5-9
The proposal involves the demolition of a detached garage and its replacement with a two-storey house with living space at roof level. The inspector found that the proposed dwelling would be in keeping with the established pattern of development in the area, and would not have an adverse effect on views of the appeal property or the local area.
Other For appellant ¶9-10
The inspector found that the proposed extension to the existing dwelling is in accordance with the Council's adopted design guidance. The proposal, as a whole, is not in conflict with the adopted design guidance.
Policies relied on
| Reference | Weight |
|---|---|
| Design and Development Control Guidelines No.2 (2004) |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 5 pages, issued by the Planning Inspectorate on 11 July 2022 under the Open Government Licence.