We were approached back in November by our client as they had just received a planning refusal from London Borough of Hammersmith and Fulham Council for the erection of a rear roof extension with French doors, a Juliet balcony, and a rear extension at second floor lever.
The reason given for the refusal was;
1. The proposed second floor roof extension over the rear outrigger, by reason of it bulk, mass, design and prominent corner location results in an extension that would not appear subservient to the original building. As a result, proposed extension would harm the character and appearance of the property, street scene, surrounding area and the setting of the adjoining Hurlingham Conservation Area. The proposal is therefore considered to be contrary to Policies DC1, DC4 and DC8 of the Local Plan (2018).
The client was originally booked in for a free no obligation consultation with one of our planning consultants, where the case was looked through and assessed, they were given a fixed fee quote and upon instructing us we began our research.
The application has been refused on the grounds that the proposed second floor extension over the existing first floor extension, by reason of its bulk, mass, design, and prominent location results in an extension that would not appear subservient to the original building.
Subservience by itself should not be a dominant factor in assessing the material planning benefits of any case and certainly not in this case where the planning merits support this proposal being allowed.
The proposal was to create an extension to accommodate a single room which would be used as a study on a part of unused roof space that could easily accommodate this whilst remaining subtle and set back within the parent building.
The creation of the study went hand in hand with the need to create ‘Work from Home’ spaces, a development that has become part of national policy over the last two years. There was a public benefit to the development of these spaces, in supporting this application the Council would be seen as supporting this policy. Whilst the additional mass on a prominent corner location may have been considered disproportionate by the Planning Officer, when looking at the elevations and floor plans of the proposed works it was clear they did not detract from the street scene in general or the views from the adjacent Conservation Area, of which the host property did not form part. Neither was the property a listed building.
We produced a comprehensive robust 22-page appeal statement which we submitted to the planning inspectorate along with the appeal documents.
A site visit was made on the 12thOctober, and a decision was received on December 6th.
We are pleased to announce that the appeal was successful and planning permission was granted.
Below you will find the full Planning Inspectorate Decision. If you are looking to appeal a local authority refusal contact our team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
Our team of planning appeal case assessment officers assess on average over 100 cases each per month working for architects, developers, home and landowners across England and Wales. Our unique and professional approach to planning appeals designed by our Chairman and Head of Legal Dr Robin Hooper and has a proven track record of success. This approach that weighs heavily on detail, evidence and argument is most certainly why our appeals get the results they do. Contact our planning appeal team today on 01743 369911 and claim your free no obligation consultation with one of our planning appeal case assessment officers.
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