Case 3322697

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD

London Borough of Barnet — appeal dismissed

Outcome
Dismissed
Decision date
23 November 2023
Authority
London Borough of Barnet
Inspector
Livingstone C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
SMALLBROOK LTD
LPA reference
23/0615/FUL
ONS LPA code
E09000003
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 September 2023

Summary AI

The appeal for a studio flat at Thorverton Court was dismissed due to harm caused to the character and appearance of the area. The proposed development, which included a crown roof and dormers, would have been significantly higher than the closest neighbouring properties and would have been an unsympathetic addition to the street scene.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — Appeal Decision Site visit made on 31 October 2023 by C Livingstone MA(SocSci) (hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 23 November 2023 Appeal Ref: APP/N5090/W/23/3322697 Thorverton Court, Thorverton Road, London NW2 1RD • 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 D Lederman, Smallbrook Ltd, against the decision of the Council of London Borough of Barnet. • The application Ref 23/0615/FUL, dated 14 February 2023, was refused by notice dated 11 May 2023. • The development proposed is described as ‘formation of studio flat at third floor level within new pitched roof.’ Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposal on the character and appearance of the area. Reasons 3. The application site is located on Thorverton Road, which slopes gently upwards from its junction with Cricklewood Lane. Thorverton Road is primarily residential and most properties are traditional, two storey and semi-detached, with hipped roofs. The neighbouring properties on Cricklewood Lane are two storey and a mix of semi-detached and detached, with pitched roofs.

Page 1 · Chunk 1 Appeal Decision

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — Appeal Decision There is therefore a degree of variance in terms of the existing architecture in the area, with larger scale commercial buildings nearby on Cricklewood Lane. 4. The application relates to a modern three storey, flat roofed block of flats of a large blockish design with simple detailing. The building forms a continuation of the building line of the properties on Thorverton Road in contrast with the proportions of the finely detailed, traditional, neighbouring properties. 5. A previous appeal1 (the previous appeal) for an additional storey on the building was dismissed in 2017. The previous appeal proposal was for an additional flat roofed storey on the existing roof. The inspector considered it to be a ‘bulky and discordant feature’ and the appeal was dismissed. 6. The proposed development before me is for the formation of a crown roof over the existing flat roof, with dormers to the front rear and side; to allow for the creation of a flatted dwelling in the attic space. As a result of the development the height of the building would be significantly higher than the closest neighbouring properties on Thorverton Road. 1 APP/N5090/W/17/3175173 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — Appeal Decision Appeal Decision APP/N5090/W/23/3322697 7. I acknowledge the proposed crown roof would create the required internal height, over the width and depth of the existing building. I note there are examples of extensions on neighbouring properties with roof forms that are not sympathetic to the original. However, these extensions are of a lesser scale and prominence and do not set a precedent for the proposed development. Furthermore, none of the neighbouring properties in the immediate vicinity of the appeal site have roofs of a similar design to that proposed. 8. It is noted that the appeal proposal aims to address the concerns raised in the previous appeal, as the roof includes a pitched element. However, for the reasons detailed above the proposal would be a visually dominant, unsympathetic addition to the appeal property and an incongruous feature of the street scene. 9. Having regard to all of the above, I conclude that the proposal would harm the character and appearance of the area.

Page 2 · Chunk 3 Appeal Decision

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — Appeal Decision It would therefore conflict with Policies CS NPPF, CS1 and CS5 of Barnet’s Local Plan-Core Strategy and Policy DM01 of the Barnet’s Local Plan-Development Management Policies and the associated guidance in the LB Barnet: Residential Design Guidance Supplementary Planning Document. These policies and guidance, amongst other things, seek to deliver sustainable development while conserving and enhancing the distinctiveness in the area through high quality design. Other Matters 10. The proposal would not harm the living conditions of nearby residential occupiers. However, the absence of harm in this respect is a neutral factor. I acknowledge that the proposal would include the introduction of an automatic smoke ventilation system to the building. The benefits of this system are noted, however, there is no evidence before me to suggest that the appeal scheme is the only mechanism to secure the introduction of such a system. I also note the proposal would provide an additional flat in a sustainable location, incorporating improved insulation and solar panels resulting in social, economic and environmental benefits. However, all these matters or any others raised are insufficient to outweigh the harm I have identified.

Page 2 · Chunk 4 Appeal Decision

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — Appeal Decision Conclusion 11. For the reasons given above I conclude that the appeal is dismissed.

Page 2 · Chunk 5 C Livingstone

THORVERTON COURT, THORVERTON ROAD, LONDON, NW2 1RD — London Borough of Barnet — C Livingstone 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
Against appellant
¶4

The building forms a continuation of the building line of the properties on Thorverton Road in contrast with the proportions of the finely detailed, traditional, neighbouring properties.

Character and appearance
Against appellant
¶8

The proposal would be a visually dominant, unsympathetic addition to the appeal property and an incongruous feature of the street scene.

Policies relied on

Reference Weight
NPPF CS
Determinative
Barnet's Local Plan-Core Strategy CS1 and CS5
Determinative
Barnet's Local Plan-Development Management Policies DM01
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 23 November 2023 under the Open Government Licence.