16 Nelmes Way, Hornchurch, ESSEX, RM11 2QZ
London Borough of Havering — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 5 July 2024
- Authority
- London Borough of Havering
- Inspector
- Smith J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mrs T Kaur
- LPA reference
- P1144.22
- ONS LPA code
- E09000016
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 11 January 2024
Summary AI
The appeal for a new detached dwelling was dismissed due to its potential impact on the living conditions of the occupants of 14 Nelmes Way, particularly their outlook.
PDF text
16 Nelmes Way, Hornchurch, ESSEX, RM11 2QZ — London Borough of Havering — Appeal Decision Site visit made on 26 June 2024 by J Smith MRTPI an Inspector appointed by the Secretary of State Decision date: 05 July 2024 Appeal Ref: APP/B5480/W/23/3325831 16 Nelmes Way, Havering, Hornchurch RM11 2QZ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mrs T Kaur against the decision of the Council of the London Borough of Havering. • The application Ref is P1144.22. • The development proposed is construction of two storey, five-bedroom, detached dwelling with associated amenity space, involving the demolition of existing three bed bungalow. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposal on the living conditions of the occupants of 14 Nelmes Way, with particular regard to outlook. Reasons 3. No. 16 Nelmes Way is a detached bungalow with a gabled roof in its existing form. Properties in the surrounding area have little uniformity in design but share common design elements such as the choice of fenestration details and grand front entrances. The proposed dwelling would share some of these elements.
16 Nelmes Way, Hornchurch, ESSEX, RM11 2QZ — London Borough of Havering — Appeal Decision This is due to its proposed tall elevations, large fenestration details and grand front entrance point. 4. The neighbouring dwelling of No. 14 is a detached property which hosts two single storey rear extensions and dormers in its roofscape. These dormers are set further back into the roofscape than the rear extensions. The nearest of these dormers to the appeal site is utilised as a bedroom. The closest of the extensions to the appeal site is a conservatory style structure which is glazed on both sides and to the rear of the extension. 5. The proposed dwelling would project beyond the rear bedroom dormer of No. 14 by a significant distance, at a substantial height and at only a small distance away from the neighbouring boundary. As such, this would create a dominant building when viewed from the upper floor dormer window of No. 14. This is due to its combination of its extensive projection, overall height and limited distance from the boundary. This would therefore be overbearing and would unacceptably dominate the outlook from the rear facing upper floor dormer window nearest to the boundary of the appeal site. This would increase a sense of enclosure to this room. https://www.gov.uk/planning-inspectorate
16 Nelmes Way, Hornchurch, ESSEX, RM11 2QZ — London Borough of Havering — Appeal Decision Appeal Decision APP/B5480/W/23/3325831 6. The extension to No. 14 contains windows in both sides and to the rear of this conservatory. The proposed dwelling would be sited beyond the single storey rear extension window closest to the shared boundary at a great height. However, the protrusion of the dwelling beyond the rear conservatory extension of No. 14 would be marginal. As such, due to the limited projection of the proposal to this element of No. 14, this extension would retain an appropriate outlook to the rear due to the limited length of the proposal beyond the rear windows of this extension. 7. I therefore conclude that the proposal would have an adverse effect upon the living conditions of No. 14 Nelmes Way with particular reference to their outlook. As such, the development would be in conflict with Policy 7 of the Havering Local Plan 2021 and the National Planning Policy Framework (the Framework). This local plan policy and the Framework seek to ensure that development respects the living conditions of neighbours including their outlook. Conclusion 8. For the reasons given above the appeal should be dismissed.
16 Nelmes Way, Hornchurch, ESSEX, RM11 2QZ — London Borough of Havering — J Smith INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶3
The proposed dwelling would share some design elements with the surrounding properties, but the inspector found that its proposed tall elevations and large fenestration details would be overbearing and dominant when viewed from the upper floor dormer window of No. 14.
Living conditions Against appellant ¶5
The proposed dwelling would project beyond the rear bedroom dormer of No. 14, creating a dominant building that would unacceptably dominate the outlook from the rear facing upper floor dormer window nearest to the boundary of the appeal site.
Living conditions Neutral ¶6
The protrusion of the dwelling beyond the rear conservatory extension of No. 14 would be marginal, and this extension would retain an appropriate outlook to the rear due to the limited length of the proposal beyond the rear windows of this extension.
Living conditions Against appellant ¶7
The inspector concluded that the proposal would have an adverse effect upon the living conditions of No. 14 Nelmes Way with particular reference to their outlook.
Policies relied on
| Reference | Weight |
|---|---|
| Havering Local Plan 2021 Policy 7 |
Determinative |
| National Planning Policy Framework |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 5 July 2024 under the Open Government Licence.