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Location 37 Heyford Avenue London SW8 1EA

Ward Oval Proposal Loft conversion involving the erection of two rear dormer

windows to the second floor flat. Application Type Full Planning Permission Application No 07/02820/FUL/DC_KHU/36568 Applicant Haris Middleton Agent A Stephanides

35 Rosary Gardens South Kensington London SW7 4NQ

Date Valid 6 August 2007 Considerations None Approved Plans OS Location Plan, 01, 02a, 03 and 04a. Recommendation Grant Conditional Permission

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Officer Report 07/02820/FUL 1. Summary of Main Issues

1.1 The main issues addressed by this application are:

- Impact of the proposal on the character and appearance of the host property and surrounding area.

- Impact of the proposal on residential amenity. - The erection of an unauthorised box dormer window on the

rear roofslope

2. Site Description

2.1. The subject site is located on the northern side of Heyford Avenue and currently contains a three-storey mid-terrace property which has been converted into three flats. The subject site is regular in shape with a width of five meters and depth of 20 metres, yielding a total site area of approximately 100 square metres. The application site does not lie within a Conservation Area, nor is the building listed. The surrounding area is predominately residential comprised of large three storey terraces

2.2. A site inspection of the property has revealed that some

construction work has begun to the roof of the property to erect a ‘box’ dormer window. However, it appears that this application differs from what is currently being constructed. The unauthorised dormer which is clearly different to that now submitted is considered to be a separate enforcement issue. This is a matter to be investigated by Council’s Planning Enforcement Team and not a matter for assessment under this application.

3. Planning History

3.1. A planning application for the conversion and use as three self-contained flats, together with alterations to the rear elevations was granted permission on 9 June 1986.

4. Scheme Details

4.1. The application seeks full planning permission for the erection of two rear dormers to the second floor flat. The dormers would allow addition residential accommodation for the existing flat to be provided in the loft area of the top floor flat.

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4.2. The dormers are to each be 1 metre wide, 1 metre high and have a depth of 1.65 metres. The dormers 0.8 metres from the top of the roof ridge and 0.8 metres above eaves level. They are to comprise of a flat roof construction with felt covered roofing and timber sash windows.

5. Consultation Responses

5.1. The following addresses were consulted:

- All addresses at 8, 9 and 10 Regents Bridge Gardens - All addresses at 33-41 (odd) Heyford Avenue

5.2. The following Groups/Amenity Societies/Consultees were notified:

- Kennington Association - Vauxhall Neighbourhood Housing Forum - Vauxhall Society - Regents Bridge Gardens Ltd

5.3. Twelve objections and one letter of support have been received. 5.4. This application has been called in by Councillor Robert Banks

(Oval Ward) for a decision by Lambeth’s Planning Committee. 5.5. Assessment:

Material Planning Objections:

Response:

Setting of an undesirable precedent.

Proposals for development are assessed on their individual merits. The proposal is considered to have minimal impact given its modest scale and compliance with Council’s guidelines. The precedent for dormer windows has already been set with approvals for similar dormer windows within Heyford Avenue.

Loss of privacy due to overlooking into properties within The Cooperage, Regents Bridge Gardens (Nos 2, 8, 9, 10 and 15).

It is considered that the views from the rear dormer windows would not be significantly different from those that are possible from existing windows at first and second floors. It is therefore considered that the proposed roof dormers would not result in any undue loss of privacy to neighbouring properties, over and above that currently existing.

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Detrimental to the character of the host building/roof and surrounding area.

Given the very modest size of the proposed dormer windows in relation to the roof it is considered the proposal would not have an adverse impact on the integrity of the host building or the character of the area as a whole.

Disturbance to daily living. It is considered that the conversion of the loft would not create any adverse impacts on adjoining properties and the use of the dwelling would remain the same as the existing residential unit.

Works started prior to consultation letters being received.

A site inspection has revealed partial development of the roof has commenced unlawfully. It was apparent at the time of the officer’s site visit that the roof extensions outlined in this proposal varies from what has been partially constructed on site. It is recommended in this report that the unauthorised ‘box’ dormer currently being built is enforced against. Any enforcement proceedings should not impact on the merits of this proposal. It is considered the application now before members does not warrant a reason for refusal as the dormer windows are acceptable in design terms.

Wider consultation should have been conducted.

Consultation was carried out in accordance with the requirements of the Town and Country Planning Order. Officers are satisfied that letters were sent to all neighbours, potentially affected by the proposal.

Substantial reduction in sunlight and daylight.

It is considered that sunlight and daylight levels to adjoining properties would not be affected given the modest size and location of the proposed dormer windows. It is therefore considered that no loss of residential amenity would occur to the neighbouring properties.

6. Planning Considerations

6.1. Relevant Policies

6.1.1. Adopted Unitary Development Plan (2007) Policy 36 - Alterations and Extensions

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6.1.2. The current up to date statement of the Council's planning

policies is contained in the Replacement Lambeth UDP adopted on 6th August 2007. This is the statutory plan for the Borough, and replaces the Adopted Plan from 1998. It will be used to determine all planning applications in the Borough.

6.1.3. Supplementary Planning Guidance

SPG - Residential Extensions and Alterations 6.2. Land Use

6.2.1. The additional accommodation would remain ancillary to

the main dwelling and therefore the use of the property would remain unchanged. The application site is a three-storey building which was converted into three self-contained flats in 1986. The application relates to the top floor flat which currently comprises of two bedrooms, a lounge, a kitchen area and a bathroom. The proposal would result in the provision of an additional loft room which would comprise of 18.5 square metres. A new access stair into the loft area would be provided. The two dormer windows would be located within the rear roof slope and would provide light and space to the rear room.

6.2.2. There is no objection in land use terms to the enlargement

of the existing two-bedroom flat.

6.3. Design and Conservation Considerations

6.3.1. The dormers will measure 1 metre wide, 1 metre high and have a depth of 1.65 metres. The design ensures each of the dormers 0.8 metres from the top of the roof ridge and 0.8 metres above eaves level. They are to comprise of a flat roof construction with felt covered roofing and timber sash windows.

6.3.2. Policy 36 of the Adopted UDP states that rear extensions

should not undermine the uniform or characterful appearance of houses. Significant changes in the height, depth, shape or appearance of the rear elevation will be resisted. Proposals should not undermine the uniform appearance of terraces or a group of buildings where this is of value.

6.3.3. The SPG states that dormer windows should be in keeping

in character and size with the main house. It is suggested that dormer windows should be about 1m x 1m in size and

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where possible larger dormer windows may be permitted depending on the existing roofscape of the property.

6.3.4. The proposed development is generally in accordance with

the above recommendations. The size of the dormers is 1 metre by 1 metres and each would be well set in from the roof slope. This would ensure the windows would be subservient and subordinate within the existing roofslope and as such preserving the roof form of the property and therefore in accordance with Policy 36 of the Adopted UDP.

6.3.5. It is considered that the dormers will not compromise the

character of the building or the immediate area and will not unsettle the architectural balance of the house. The materials suggested by the applicant were felt for the external covering with timber windows. It is considered that a felt covering would cheapen the detailing of the proposed dormers. Officers would normally expect detailing to include lead work etc. Therefore a condition has been imposed requesting further details of the materials to be used with the application.

6.3.6. As stated above, the dormers of the size, scale and general

design proposed would not compromise the integrity of the host building or its surrounds and as such are consistent with the objectives and guidelines in the Adopted Unitary Development Plan (Policy 36) and the Supplementary Planning Guidance for Residential Extensions and Alterations.

6.3.7. With regard to the objections raised on grounds of

precedence it should be noted that there have been permission in recent years for dormer windows within the immediate area, which negate the objection on grounds of precedent. These comprise:

No. 55 - Approval in 2000 for the erection of a rear dormer extension and a ground floor conservatory extension together with refurbishment of existing building to allow the re-establishment of the use of the building as three flats. No. 51 - Approval in 2001 for the erection of a dormer window on the rear roof slope and roof lights to front elevation, along with associated alterations. No. 24 - Approval in 2002 for a loft conversion to include 2 rear dormers and 1 front roof light, along with associated alterations.

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No. 69 - Approval in 2004 for a proposed loft conversion including the installation of three velux style rooflights and a dormer window extension.

6.4. Amenity Impact

6.4.1. Policy 36 of the Adopted UDP seeks residential extensions which will not have a detrimental impact on neighbouring properties or visual amenities, particular attention will be paid to siting, height, bulk, scale/design in relation to surrounding buildings, overlooking and loss of daylight/sunlight.

6.4.2. As discussed in the planning assessment above the

modest size and scale of the dormers ensures that there will be no detrimental impacts caused to surrounding properties both to the rear and side by way of visual bulk and undue sense of enclose.

6.4.3. The development will result in views being made available

to the rear of the property from the dormers however these would not be significantly different from those that exist from windows at the first and second floor levels. Therefore it is considered that the proposed roof extension would not result in any undue loss of privacy to neighbouring properties over and above what currently exist. In addition to this, the siting of the dormer window will be approximately 19 metres from the rear of dwellings in Regents Bridge Gardens which back onto the property. This is considered sufficient distance between properties.

6.4.4. The proposal will have a negligible impact by way of loss of

sunlight and daylight levels to adjoining properties due to their size, location and proximity to adjoining properties and the siting of the dormers within the roof slope.

6.4.5. It is considered that no loss of residential amenity would

occur to the and surrounding area by way of loss of privacy, visual intrusion and overlooking and therefore the proposal is consistent with the policies and guidelines outlined in the Adopted Unitary Development Plan (Policy 36) and the Supplementary Planning Guidance for Residential Extensions and Alterations.

6.5. Highways and Transportation Issues

6.5.1. No additional residential units are proposed, as such it is

considered that the proposal would not result in any adverse impacts in terms of Transport and Highways issues.

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7. Conclusion

7.1. As discussed above, the proposed construction of two rear dormers are considered to be acceptable in terms of their design, location and massing and will not cause material detriment to the subject property or its surrounds. It is considered that the development accords with Policy 36 of the Adopted Unitary Development Plan (2007) and the Council’s Supplementary Planning Guidance for Residential Extensions and Alterations.

8. Recommendation A

8.1. It is recommended that the application be permitted subject to the

conditions outlined below.

9. Recommendation B

9.1. In addition to the above, Officers are of the view that the box type dormer window currently being erected is unacceptable in its design; in terms of its unacceptable bulk and scale. It is therefore recommended in line with Policy 36 of the Adopted Unitary Development Plan and the Supplementary Planning Guidance for Residential Extensions and Alterations that enforcement action is undertaken to remove the unauthorised dormer window currently being built.

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RECOMMENDATION TO TAKE FORMAL ENFORCEMENT ACTION AGAINST UNAUTHORISED OPERATIONAL DEVELOPMENT THE BREACH OF PLANNING CONTROL: Without planning permission the erection of rear roof extensions to the second floor flat at 37 Heyford Avenue, London SW8 1EA RECOMMENDATION: Recommendation for the service of Enforcement Notices under Section 172 of the Town and Country Planning Act 1990 (as amended) requiring within 90 days from the date the Notice takes effect the; 1. Removal of the unauthorised roof extension to the rear of the premises;

or 2. The implementation of the planning permission 07/02820/FUL within six

months from the date of this permission. and for the institution of any necessary legal proceedings in the event of non-compliance with the Notice. Reasons Why it is Considered Expedient to Recommend Enforcement Action The breach of planning control occurred within the last 4 years and on design grounds it is considered that the box dormer currently being erected is unacceptable in terms of its bulk and scale and as such is contrary to Policy 36 of the Adopted Unitary Development Plan and the Supplementary Planning Guidance for Residential Extensions and Alterations that enforcement action is undertaken to remove the unauthorised dormer window currently being built. Notes to Applicants: You should be advised that in deciding this application, the taking of enforcement action has been recommended under Section 172 of the Town and Country Planning Act 1990. You are advised to contact the Planning Enforcement Team on 0207 926 1185 as a matter of urgency.

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Summary of Reasons:

In deciding to grant planning permission, the Council has had regard to the relevant Policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Policies were relevant: • Adopted Unitary Development Plan (2007): Policy 36 - Alterations and

Extensions. Conditions: 1. The development to which this permission relates must be begun not

later than the expiration of six months beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town

and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2. Samples and a schedule of materials to be used for the dormers hereby

permitted shall be submitted to and approved in writing by the Local Planning Authority before any building work commences and this condition shall apply notwithstanding any indications as to these matters which have been given in the application. The development shall thereafter be carried out solely in accordance with the approved details.

Reason: To ensure that the materials used are of appropriate quality in

the interests of maintaining the character and appearance of the locality (Policy 36 of the Adopted Lambeth Unitary Development Plan (2007) and Lambeth’s Supplementary Planning Guidance on Residential Extensions, refer).

Notes to Applicants: 1. This decision letter does not convey an approval or consent which may

be required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2. Your attention is drawn to the provisions of the Building Regulations, and

related legislation which must be complied with to the satisfaction of the Council's Building Control Officer.

3. You are advised of the necessity to consult the Council’s Highways team

prior to the commencement of construction on 020 7926 9000 in order to obtain necessary approvals and licences prior to undertaking any works within the Public Highway including Scaffolding, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer

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Connections, Hoarding, Excavations (including adjacent to the highway such as basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.