Local Council: Enfield
Appeal Result: Permission Granted
Description: Variation of a condition to allow an additional meter in depth making the rear extension a total of 6m (Retrospective).
Refusal Stated: "The proposed single storey rear extension, by reason of its depth and failure to secure a common alignment of rear extensions, and in seeking to leapfrog surrounding development, results in an excessive depth of extension, disproportionate to the character of the property and visual catchment area. In addition, the proposed single storey rear extension would harm neighbouring amenity given the siting of the extension, its height, as well as the level differences between the properties. Consequently, the proposal would be contrary to the NPPF, London Plan policies 7.4 and 7.6, Core Strategy policy CP30 and Development Management Document Policies DMD 8, DMD 11 and DMD37."
Background: An earlier design had been approved but the client applied for a variation of condition to gain an extra 2m in depth. Unfortunately local guidance wouldn't allow for this increase in length. However the stakes were raised considerably by the fact the development (including the extra 2m) had been fully built by the time the case went to appeal. Using local and national policy to back the grounds of appeal, LSE managed to persuade the Planning Inspectorate that the extra length posed no harm to the neighbours amenity or the host property. Some of the factors that enabled us to pursue this line of reasoning were the significant level of vegetation shielding the adjoining neighbour and the use of very high quality materials in the construction of the extension.