46 Crabtree Lane, Harpenden, Herts, AL5 5NS

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Site visit made on 21 May 2024 by E Catcheside BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 7 June 2024 Appeal Ref: APP/B1930/W/23/3335565 46 Crabtree Lane, Harpenden, Hertfordshire AL5 5NS • 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 Mr. & Mrs. Alistair & Jane Duncombe & Sims against the decision of St Albans City & District Council. • The application Ref is 5/22/3021. • The development proposed is described as “Demolition of the existing dwelling. Proposed replacement dwelling two storey with rooms in the roof space”. Decision 1. The appeal is allowed and planning permission is granted for Demolition of the existing dwelling. Proposed replacement dwelling two storey with rooms in the roof space at 46 Crabtree Lane, Harpenden, Hertfordshire AL5 5NS in accordance with the terms of the application, Ref 5/22/3021, subject to the conditions in the attached schedule. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 3.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision The area around the appeal site predominantly comprises large, detached dwellings setback from the highway behind driveways and front gardens. The majority of properties are 2 storeys high. However, many dwellings, including those opposite the appeal site and to its rear on Chaucer Close, have accommodation in their roofs. There is little consistency in the design and appearance of the dwellings, as well as in their roof forms and heights. This architectural variety is a distinctive feature of the area. 4. The appeal proposal would replace the existing dwelling with a 2-storey property with living accommodation in the roof space. Whilst it would be marginally taller than the existing dwelling, it would not rise above the ridge height of 48 Crabtree Lane. Moreover, given that there are other properties in the local area with internal accommodation in the roof, the proposed development would not be incongruent by way of its internal layout and height. 5. I have not been directed to any examples of crown roofs in the area close to the appeal site. However, the proposed roof would add to the existing architectural variety in this part of Crabtree Lane, and it would therefore contribute to local distinctiveness.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Moreover, whilst the roof would be visible https://www.gov.uk/planning-inspectorate

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Moreover, whilst the roof would be visible https://www.gov.uk/planning-inspectorate

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/23/3335565 from public vantage points, it would be viewed in context with the wider street scene, whereby individual building styles are a feature of the area. 6. Whilst the proposed dwelling would be setback further within the appeal site than the existing dwelling, its front elevation would remain forward of No 48, and it would be set back behind 44 Crabtree Lane. Therefore, there would be no significant alteration to the relationship between the proposed dwelling and neighbouring properties when compared to the existing building. Moreover, the proposed dwelling would not be significantly larger or bulkier than other detached dwellings in the local area. Consequently, the proposed front building line would be in-keeping with the existing arrangement on the street frontage, and there would be no unacceptable harm to the character on Crabtree Lane. 7. The rear wall of the proposed building would extend deeper into the appeal site than the existing dwelling. However, it would broadly align with the rear wall of No 48 and would not extend significantly further beyond the rear wall of No 44 than the existing building on the appeal site.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision On my site visit, I observed that the rear of the appeal site is largely concealed from public views due to intervening buildings, boundary treatments and landscaping. Given that these features are well-established I have no reason to conclude they are likely to be removed. Therefore, no undue harm to the character and appearance of the area would arise from the rearward setting of the proposed dwelling. 8. Overall, I conclude that the proposed development would not cause harm to the character and appearance of the area. Therefore, there would be no conflict with Policies 69 and 70 of the City and District of St Albans District Local Plan Review (Adopted 30 November 1994) and Policies ESD1 and ESD2 of the Harpenden Neighbourhood Plan 2018-2033 (Made 20 February 2019), and the National Planning Policy Framework (the Framework) which, taken together and amongst other things, expect development to have a high quality of design that has regard to local character. Other Matters 9. Concerns have been raised by third parties regarding the effects of the proposal on the living conditions of the occupants of Nos 44 and 48, with particular regard to outlook, privacy and loss of sunlight and daylight.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision However, given the proposed separation distance between the new dwelling and the adjacent properties, and the orientation of the neighbouring principal windows, there would be no undue harm caused through loss of outlook. 10. The rear elevations of Nos 44 and 48 are orientated to receive good levels of sunlight and daylight for most of the day and throughout the year. Therefore, the proposal would not cause an unacceptably deleterious effect through overshadowing or loss of light. Furthermore, conditions could secure obscured glazing to the upper floor windows and the submission of details of boundary treatments. These conditions would prevent any undue harm arising through loss of privacy, including from windows and doors on the ground floor. 11. There is no substantive evidence before me to suggest the proposed development would undermine the stability of neighbouring properties. Any disruption caused through the construction process would be managed through appropriate construction management techniques. Therefore, there would be no unsatisfactory risk to the physical integrity of neighbouring properties. https://www.gov.uk/planning-inspectorate 2

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Appeal Decision APP/B1930/W/23/3335565 12. I note the comments made by interested parties regarding the details of bathroom extraction. However, I have no reason to conclude the proposal would not comply with building regulations in respect of ventilation. Therefore, this matter has not been determinative to my decision. 13. I acknowledge the concerns raised by third parties regarding vehicle conflict with the boundary treatment between the proposed dwelling and No 44. However, there would be sufficient space for vehicles to park and manoeuvre safely within the proposed driveway. Therefore, there would not be any particular risk to the boundary treatment from vehicle collision. Conditions 14. The Council provided a list of suggested conditions, which I have considered against the tests set out in paragraph 56 of the Framework and the Planning Practice Guidance. Where appropriate, I have adjusted the wording of the conditions to improve relevance, precision and enforceability, and to prevent unnecessary duplication. The parties have been invited to comment on the conditions and the comments received have been taken into account. 15.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision In addition to the standard time limit condition, I have included a condition listing the approved plans to provide certainty. 16. It is necessary to include a condition requiring details of the finished levels to be approved, in order to protect the character and appearance of the area. The condition is a pre-commencement condition to ensure the development is constructed in accordance with the approved levels. 17. I have included conditions requiring the submission of samples of external materials, as well as details of hard and soft landscaping. These conditions are necessary to protect the character and appearance of the area. 18. A condition is imposed to ensure the side windows in the upper floors of the development are obscured glazed, in order to protect the living conditions of neighbouring residents and future occupants of the development. 19. The Council suggested that some permitted development rights should be removed through condition, including in relation to the enlargement or extension of the property and alterations to the roof. However, the site does not fall within an area that has any specific statutory protection and is not unusually sensitive.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — Appeal Decision Therefore, I have not included this condition in my decision as it is not necessary or reasonable. 20. I note that the Highway Authority requested that a number of informative comments are included on any decision issued. However, the matters raised refer to provisions covered by other legislation. Therefore, it is not necessary to include them as part of this planning decision. Conclusion 21. For the reasons given above the appeal should be allowed.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — E Catcheside INSPECTOR https://www.gov.uk/planning-inspectorate 3

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — E Catcheside INSPECTOR https://www.gov.uk/planning-inspectorate 3

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — E Catcheside Appeal Decision APP/B1930/W/23/3335565 SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Unnumbered OS Map and Block Plan Proposed, ADJS/CL/3 Rev C and ADJS/CL/5 Rev C. 3) No development shall commence until details of the finished levels, above ordnance datum, of the ground floor of the building hereby permitted, in relation to existing ground levels have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved levels. 4) No development shall take place above slab level until samples of materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall thereafter be constructed in accordance with the approved material samples. 5) No development shall take place above slab level until a detailed hard and soft landscaping scheme has been submitted to and approved in writing by the local planning authority.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — E Catcheside The scheme shall include: a) Details of boundary treatments; b) Details of vehicular access, car parking, and circulation areas; c) Details of hard surfacing materials; d) Details of existing planting to be retained and removed; e) Details of all proposed planting to include written specifications (including cultivation and other operations for plant and grass establishment), schedules of plants noting species, sizes, numbers and densities; and f) An implementation and maintenance strategy for all planting. The approved hard and soft landscaping scheme shall be implemented in its entirety in the first planting season following the occupation of the dwelling or the completion of the development, whichever is sooner. Any new or retained plants which, within a period of 5 years from the implementation of the landscaping scheme die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

46 Crabtree Lane, Harpenden, Herts, AL5 5NS — St Albans City Council — E Catcheside 6) The development shall not be occupied until the first floor and second floor side windows, as shown on approved plan ADJS/CL/5 Rev C, have been fitted with obscured glazing and no part of those windows that is less than 1.7 metres above the floor of the room in which it is installed shall be capable of being opened. The windows shall be retained as such thereafter. ***END OF SCHEDULE*** https://www.gov.uk/planning-inspectorate 4