43 Wakehurst Road, LONDON, SW11 6DB

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — by Emma Worley BA (Hons) Dip EP MRTPI an Inspector appointed by the Secretary of State Decision date: 27 February 2023

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — 43 Wakehurst Road, London SW11 6DB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Ms Rosie Turner against the decision of the London Borough of Wandsworth. • The application Ref 2021/4209, dated 10 September 2021, was refused by notice dated 3 May 2022. • The application sought planning permission for the erection of roof extension to main rear and side roofslopes and set-back hip to gable (with French doors and safety railings) and roof extension with projecting dormers over two-storey back addition without complying with conditions attached to planning permission Ref 2019/4775, dated 24 February 2020. • The conditions in dispute are No 2 which states that: The development shall be carried out in accordance with the reports, specifications and drawings detailed 01 D, 02 D, 03 D, 04 D, 05 D, 06 D, 07 D, 08 D and No 4 which states that: The rooflights hereby approved, shall be of a conservation area specification i.e.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — 43 Wakehurst Road, London SW11 6DB in-line and flush within the roof pitch that they would be located. • The reason given for condition 2 is: To ensure a satisfactory standard of development and to allow the local planning authority to review any potential changes to the scheme” and condition 4 is: In the interests of preserving the character and appearance of the conservation area in accordance with Council policies DMS1 and DMS2 of the Development Management Policies Document (adopted March 2016) and Section 12 of the National Planning Policy Framework 2019.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). https://www.gov.uk/planning-inspectorate

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). https://www.gov.uk/planning-inspectorate

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). Appeal Decision APP/H5960/W/22/3304241 2) All external materials used in the construction of the development hereby approved shall be retained as such permanently. 3) Prior to occupation the window in the side elevation at first floor level of the development shall be obscure-glazed and non-opening (unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed). The window shall so be maintained and retained as such. Preliminary Matters 2. Planning permission was granted under application Ref. 2019/4775 for the ‘Erection of roof extension to main rear and side roofslopes and set-back hip to gable (with French doors and safety railings) and roof extension with projecting dormers over two-storey back addition’ (the first application). Development has since been carried out at the appeal site. The Council’s first reason for refusal suggests that the appeal cannot proceed under S73A as the development carried out is fundamentally different to that originally permitted. The approved drawings show that the ridge height would be higher than the neighbours, the roof pitch would be steeper than the neighbours and the party wall higher than others nearby.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). The plans submitted with this appeal are not materially different in this regard to those approved already. 3. The principal area of dispute in this regard appears to be over whether the ridge height of the roof to the main part of the house was raised, and associated alterations to the roof pitch and modifications to the party wall upstand, have taken place. The ridge of the roof at the appeal site is currently above that of the adjoining neighbour and the pitch of the roof differs, which, as a pair of broadly symmetrical semi-detached dwellings, would be unusual. However, the Council has provided no particular evidence that the ridge has been raised in recent times, or at all, to rebut the appellant’s claim that it has not. Whilst I note that photographs of the property have been provided by an interested party, it is not conclusive that this development involved an increase in ridge height. 4. The changes between the first and second applications are listed by the Council as the reduction in the height of the flat roof rear extension by approximately 100mm and alterations to the rear elevation of the existing back addition to replace the existing pitched brickwork element with a horizontal eaves line.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). In addition, the 2 rooflights which have been installed to the front elevation are not of a conservation area specification, as required by condition 4. 5. The Council does not indicate that there would be any other differences. These changes are relatively minor in nature and would not result in a materially different development to that permitted following the first application. On this basis, there is no reason for me not to determine the proposal under S73A. 6. Government guidance is clear that under S73 I must consider only the conditions in question; in this case the proposal to amend the design of the approved extensions and the installation of rooflights of an alternative specification to that set out in the condition. Main Issue 7. The main issue is the effect of the revised design of the rear extension and alterations and the installation of the rooflights on the host dwelling and the https://www.gov.uk/planning-inspectorate 2

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). Appeal Decision APP/H5960/W/22/3304241 character and appearance of the area, including whether it would preserve or enhance the character and appearance of the Wandsworth Common Conservation Area (the CA). Reasons 8. I have a statutory duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of the CA. The significance of this part of the CA is derived from the form and layout of the traditional semi-detached terraced dwellinghouses in the street which create a pleasant sense of uniformity. The appeal property is of a similar traditional appearance and design to that of the surrounding buildings and contributes positively to the CA. 9. The Council’s second and third refusal reasons focus on the increase in the pitch of the roof and ridge height of the dwelling. However, for the reasons set out above, these do not form part of the appeal proposals. The changes to the design of the rear projection and reduction in height of the extension above it, for which permission is sought, are minor in nature.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). Moreover, these elements are located to the rear of the property where they are not readily visible from public view. As such, the effects of these changes are not harmful. 10. I observed a wide variety of rooflights on the front roof slopes of residential properties within the street, some of which are flush fitting with the roof slopes and others less so. The rooflights that have been installed at the appeal property protrude a short distance from the plane of the roof but given that they remain relatively discrete, this would not be to the detriment of the appearance of the property. As such the effect on the host building and surrounding area is very limited. On this basis, I am satisfied that the rooflights do not appear incongruous or out of character with the host dwelling or the CA. 11. In light of the above considerations, I find that the development subject of this appeal does not detract from the host dwelling, or the area generally and consequently preserves both the character and appearance of the CA and does not harm its significance.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). Accordingly, I find no conflict with Policies DMS1 and DMH5 of the Council’s Development Management Policies Document (2016) which seek to ensure development is of a high design quality and Policy DMS2 of the same which supports development that sustains, conserves and where appropriate enhances the significance, appearance and character of a heritage asset. The proposal also accords with the aims and objectives of the National Planning Policy Framework in respect of the historic environment. Other Matters 12. I note concern expressed by interested parties regarding the effect of the proposal on living conditions, including outlook and light. However, given the very modest scale of the amendments subject of the appeal, the changes are unlikely to have had any significant effect on the living conditions of occupiers of the adjoining residential properties. 13. With regards to comments that the development sets a precedent for similar alterations in the area, each proposal is to be assessed on its own merits. https://www.gov.uk/planning-inspectorate 3

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). Appeal Decision APP/H5960/W/22/3304241 Conditions 14. The guidance in the Planning Practice Guidance makes clear that decision notices for the grant of planning permission under S73 should also restate the conditions imposed on earlier permissions that continue to have effect. Since the construction of the development that is the subject of the original permission has already commenced, I have omitted the original condition 1, which set a time limit for commencement of the development. 15. Whilst I note that the development has been carried out, an amended original condition 2, to include the revised drawing numbers is necessary for clarity. A condition is necessary to ensure the materials that have been used shall be retained permanently, in order to ensure the development is visually satisfactory, I have amended the original condition 3 accordingly. I have re- imposed the original condition 5, which is necessary to safeguard the living conditions of the occupiers of neighbouring properties, with regards to privacy. Conclusion 16.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — and side elevations). I therefore conclude that, having regard to the development plan and all other material considerations, the variation of condition 2 to reflect the revised drawing numbers and the deletion of condition 4 would be acceptable and the appeal succeeds.

43 Wakehurst Road, LONDON, SW11 6DB — London Borough of Wandsworth — Emma Worley INSPECTOR https://www.gov.uk/planning-inspectorate 4