First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision Site visit made on 20 December 2022 by K Williams MTCP (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 18th January 2023 Appeal Ref: APP/L5810/W/22/3303238 First Floor Flat 16 Rocks Lane, Barnes, Richmond Upon Thames, London SW13 0DB • 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 Ms Wendy Gallagher against the decision of the Council of the London Borough of Richmond Upon Thames. • The application Ref 22/1709/FUL, dated 26 May 2022, was refused by notice dated 13 July 2022. • The development proposed is Erection of a screen to facilitate the use of the rear flat roof. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application form, appeal form, and the Council’s decision notice of 13 July 2022 all had differing address. I have made a minor amendment to the address in the banner heading, from that on the application form. Main Issue 3. The main issue is the effect of the proposed development upon the host dwelling and character and appearance of the area. Reasons 4.

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision The appeal proposal relates to alterations to a first floor flat, within a row of traditional brick terraces. The proposal would be sited above the flat roof of the ground floor flat at the rear of the host building. The host building and the terraces have a largely traditional appearance and are characterised by large rear outriggers. 5. There are varying extensions and alterations to the rear of the opposing terraces opposite the appeal property, but the host row of terraces appeared to retain a largely unaltered appearance, presenting an attractive consistent row of outriggers constructed from brick, with simple but attractive window detailing. Although it was clear that properties had been extended at ground floor at the rear, and I could see roof lanterns, these did not disrupt the pattern of the rear of the buildings at first floor. 6. The proposed screen would be sited in line with the side elevation of the outrigger, and it would return almost the full width across it, where it is https://www.gov.uk/planning-inspectorate

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3303238 associated with the appeal site. The screen would be of a height which runs across the first-floor window on the rear of the outrigger. 7. Although the proposal would not occupy all of the roof space, the proposed screens, are referenced on the drawings as being opaque. The design shows a contemporary intricate design which would be effective at preserving privacy and thus would also screen the host dwelling. In combination with the height, the extent of the screens would have a permanent and dominant appearance as opposed to a lightweight structure or railing. Unlike an extension with traditional proportions, design or materials, the substantial timber/composite screens would be in stark contrast to the brickwork and the overall proportions would appear uncharacteristic. It would also harmfully interrupt the consistent external appearance of the host building, contrasting with the section of the outrigger on the adjacent property. I therefore find that the screen would appear as an incongruous feature. 8. I appreciate that the appellant has not been able to agree a lower screen with the Council.

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision The height of the proposed screen would still make it visible even with the set back from the edge of the roof. I do acknowledge the rear of the appeal building is not highly publicly visible, nonetheless it would be visible from neighbouring gardens and windows. The Council’s policy requirement for development to be compatible with local character is not limited to that which is visible in the public views. I am also not convinced that an alternative design would not have a less visibly harmful effect. 9. I have been provided with examples of balustrades and fencing on existing terraces. However, I cannot be certain these are the same width, height or opaqueness or whether the properties not on the same terrace have the same features as this appeal proposal. In any event, I found that this particular section of terrace consistently retains a traditional, cohesive and predominantly unaltered aspect, which the appeal proposal would diminish. 10. Drawing all of these points together, I conclude that the proposal would have a harmful effect on the character and appearance of the host dwelling and the area. 11.

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision Consequently, the proposal fails to comply with the aims and objectives of policy LP1 of the London Borough of Richmond Local Plan 2018 (Local Plan), which seek to ensure that development respects the local character irrespective of whether the building is a heritage asset or within a conservation area. The proposal would also be contrary to the guidance within the Supplementary Planning Document 'House Extension and External Alterations' 2015, which seeks to ensure development is compatible with the host dwelling and its neighbours. Other Matters 12. My attention has been drawn to the provisions of Policy D6 of The London Plan 2021, which relates to housing quality and standards. Whilst the appeal proposal does involve an element of adapting an unused external space, these are alterations to an existing home. The Policy does refer to private outside space, however Policy D6 primarily applies to new build, conversions and change of use. I do appreciate how important private outdoor space has become particularly following the pandemic, and I am sympathetic to this. However, in this instance I do not consider that a requirement to create private https://www.gov.uk/planning-inspectorate 2

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — Appeal Decision Appeal Decision APP/L5810/W/22/3303238 outdoor space would outweigh the valid aims of the Council’s Policy in the wider interest of the character and appearance of the area set out in Policy LP1 of the Local Plan. 13. Whilst I note interested parties have raised the effect of the proposed development upon living conditions, these matters have not been transposed to the Council’s reason for refusal. Therefore, as I am dismissing the appeal on the main issue, there is no reason for me to consider these matters further. 14. Although it is stated that the flat roof has been used as amenity space for 20 years, this is a separate matter beyond my remit to consider and is different to the overall visual effect of the proposed development. I do not have substantive evidence that the other examples provided elsewhere are not lawful. Even if they were not, the absence of enforcement action on the part of the Council is not a reason to allow development which I have found to be harmful. Conclusion 15. For the reasons given above, having considered the development plan as a whole, and all other relevant material considerations, I conclude that the appeal should be dismissed.

First Floor Flat, 16 Rocks Lane, Barnes , Richmond Upon Thames, London, SW13 0DB — Richmond Upon Thames London Borough Council — K Williams INSPECTOR https://www.gov.uk/planning-inspectorate 3