Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY
London Borough of Barnet — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 26 August 2022
- Authority
- London Borough of Barnet
- Inspector
- Dade E
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- SAKS Properties
- Agent
- 4D Planning
- LPA reference
- 21/3332/FUL
- ONS LPA code
- E09000003
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 March 2022
Summary AI
The appeal was dismissed due to the proposed development's adverse impact on the character and appearance of the existing building and surrounding area. The inspector found that the proposal would disrupt the symmetry of the building's front elevation, create an awkward angular form, and have a terracing effect on the street scene. The proposal was found to conflict with local planning policies, including the London Plan and the Barnet Local Plan.
PDF text
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision Site visit made on 16 August 2022 by E Dade BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 26th August 2022 Appeal Ref: APP/N5090/W/22/3292289 Flat 1 Natalie Court, 47A Finchley Lane, London, NW4 1BY • 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 SAKS Properties against the decision of the Council of the London Borough of Barnet. • The application Ref 21/3332/FUL, dated 14 June 2021, was refused by notice dated 10 August 2021. • The development proposed is described as “the erection of a single storey side extension to enhance the existing residential unit”. Decision 1. The appeal is dismissed. Main Issue 2. The main issue in this appeal is the effect of the proposal on the character and appearance of the existing building and the surrounding area. Reasons 3. The appeal site is a modern block of flats known as Natalie Court. The building fronts onto Finchley Lane, a relatively busy street providing a main route toward Hendon’s shopping parades and services.
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision The rear of the building faces Tenterden Grove, a quieter, narrow, sloping residential street, with on-street parking and mature trees separating the footway from the highway. 4. The area surrounding the appeal site is predominantly residential in character with some other uses forming notable landmarks within the street scene, such as Hendon Baptist Church and a primary school. The area is characterised by a mix of building types and styles including blocks of flats, terraced and semi- detached dwellings of differing ages. Despite such differences, there are many similar characteristics within the built form of the area. For example, the area has strong building lines and uniformity in the massing, height and spacing of buildings. 5. The proposed development would adjoin a ground floor flat, providing a single storey extension on one side of the building only. The existing front elevation provides a high degree of symmetry which contributes positively to its aesthetic value. Two front gables protrude forwards on either side of the main door. Windows, doors, balconies, and other features are symmetrical in terms of placement, colour, and materials. 6.
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision The side elevation of the proposed extension is not parallel with the existing building’s side elevation, instead following the appeal site boundary. As a https://www.gov.uk/planning-inspectorate
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision The side elevation of the proposed extension is not parallel with the existing building’s side elevation, instead following the appeal site boundary. As a https://www.gov.uk/planning-inspectorate Appeal Decision APP/N5090/W/22/3292289 result, the proposed extension would be wider at the rear than at the front thus creating an awkward angular form to the building. The proposed extension would therefore form an incongruous addition to the building and would disrupt the symmetry that exists at the front elevation, resulting in harm to its character and appearance. 7. The placement of the existing block of flats reflects the regular spacing of buildings found in the area. The proposed development would be especially prominent in the street-scene of Tenterden Grove, in part due to the changing gradient with the street elevated above the ground level of the appeal site which allows views down into the site. Through infilling the gap between the block of flats and site boundary, the proposal would have a terracing effect on the street scene at Tenterden Grove and would interrupt the rhythm of the street-scene at Finchley Lane. For these reasons, the proposal would harm the character and appearance of the surrounding area. 8.
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision I therefore find the proposal to be in conflict with policy D3 of the London Plan (2021), policy CS5 of the Barnet Local Plan (Core Strategy) DPD (2012), and policy DM01 of the Barnet Local Plan Development Management Policies) DPD (2012) which all generally seek to ensure development proposals respect local context and character. 9. In addition, the proposal would not accord with the Residential Design Guidance SPD (2016) which seeks to avoid the loss of gaps or the creation of terracing effects where such gaps are a feature of the street. Other Matters 10. It is noted that the proposal would make a modest contribution to the supply of 3-bed units through providing additional living space to a ground floor flat. However, this does not outweigh the harm I have identified to the character and appearance of the existing building and local area. Conclusion
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — Appeal Decision | For the reasons given above, having assessed the case against the | | --- | | development plan as a whole and having had regard to all other relevant | | material considerations, I conclude that the appeal should be dismissed. |
Flat 1 Natalie Court, 47A Finchley Lane, LONDON, NW4 1BY — London Borough of Barnet — E Dade INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance Against appellant ¶6
The proposed extension would disrupt the symmetry of the building's front elevation and create an awkward angular form, resulting in harm to its character and appearance.
Character and appearance Against appellant ¶7
The proposal would have a terracing effect on the street scene at Tenterden Grove and interrupt the rhythm of the street-scene at Finchley Lane, causing harm to the character and appearance of the surrounding area.
Policies relied on
| Reference | Weight |
|---|---|
| D3 of the London Plan (2021) |
Determinative |
| CS5 of the Barnet Local Plan (Core Strategy) DPD (2012) |
Determinative |
| DM01 of the Barnet Local Plan Development Management Policies) DPD (2012) |
Determinative |
| Residential Design Guidance SPD (2016) |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 26 August 2022 under the Open Government Licence.