Appeal Success for Residential Extension in Bath
IPS were pleased to secure permission at appeal for a householder rear extension to a dwelling for a private individual in Bath. The proposed two storey extension allows our client and family to continue living in their existing home, by extending their property to accommodate changing lifestyles and habits following on from the Covid-19 pandemic.
The application was refused by BANES Council as the LPA considered that the extension, by reason of its bulk, scale and materials would fail to respond to the character of the existing building and locality resulting in a dominant and overbearing extension.
IPS were instructed to appeal this decision. The appeal case focused on the context of the application site, analysing the local vernacular and other two other significant permitted two storey extensions in the locality. The case also analysed the local planning context and specific design guidance.
The appeal case established through other applications in the locality that there were no clearly defining architectural features or characteristics of the street scene which might otherwise require a more specific design response. The proposals would contribute to local character and distinctiveness by maintaining and adding to the variation found along Warminster Road and would maintain a contemporary form of domestic architectural variation and individual character applied to the host properties along Warminster Road generally. The dwelling house would remain a legible element of the street scene as the proposals did not alter the principal elevation. Indeed, the original architectural integrity and identity of the dwelling would be maintained and enhanced. There was thus no conflict with the Development Plan Policy and the proposals had been carefully considered and designed by a fully qualified and experienced local architect. There would thus be no materially detrimental impact arising as a result of the proposals.
Design Analysis. Images courtesy of David James Robinson
In considering the proposals, the Inspector did not find in considering the design and overall appearance of the ground floor, that the proposed roof extension would fail to complement and enhance the character and appearance of the host building and the proposals would result in a minimal impact on the character and appearance of the area. The Inspector concluded that the proposals would not be in conflict with Policy D2 or D5 of the Local Plan which aim to set ensure that development proposal positively contribute to and do not harm the character of an area and must complement and enhance the host building. The appeal was thus allowed.
Appeal Decision: APP/F0114/D/22/3296028. 5th December 2022
IPS were pleased to secure permission for this development on behalf of our client, who can now proceed with the extension to their family home to ensure that it remains fit for purpose and supports the families changing lifestyles. The time taken to reach this decision is however, remarkable with the appeal being submitted at the end of March this year and a decision only being released by PINS this month. This is testament to the struggles within the Inspectorate that IPS are currently experiencing, in what should have been a simple and straightforward decision.
