Upper Tribunal Lands Chamber
Case No. UKUT-0172-(LC)-UTLC-Case-Number:-LC-2020-33
Fecha: 01-Jun-2022
The factual background
8.Beechcroft Manor comprises spacious private grounds in which have been built several three storey blocks of flats and two terraces of houses. The two terraces are angled away from each other, as shown on the plan below, with Nos. 46 – 51 in a terrace of uniform three storey houses on one level and Nos. 52 – 54 stepped down in a terrace on a steeply sloping road. Nos. 52 and 53 are tall narrow three storey houses. No. 54 is a two storey house with a larger footprint and attached single garage. Each house has individual features and is set back slightly from the next. Nos. 52 and 53 were built with integral single garages and have parking for a car on the access drive. In the Property the garage has been converted to provide a fourth bedroom. No. 54 has parking in front of the house and also in front of its attached garage. A further three dedicated parking spaces are provided as shown on the plan.9.The Property is located at highest end of the terrace, within a sloping corner plot which sits below the level of No. 51. It is constructed of brick under a concrete tiled roof with a mixture of timber and UPVC windows. The side elevation where the extension is proposed contains on the ground floor a small WC window, at first floor level a small landing window and larger oriel window to the sitting room, and at second floor level a small landing window. The side and rear gardens are terraced, above a retaining wall, with high laurel and leylandii hedges along part the boundary with the road and No. 51. A semi-mature silver birch tree grows in the corner of the rear garden close to the boundary with No. 53. 10.The applicants purchased the Property on 12 March 2009, by which time the garage had been converted to provide a fourth bedroom. In addition the ground floor accommodation includes an office with access to the garden and a WC. The first floor comprises a kitchen, dining room, and sitting room with balcony overlooking the rear garden. The second floor comprises a master bedroom with en-suite facilities, a bathroom and two further bedrooms, of which one is very small.11.The proposed extension would be constructed of similar materials to the existing house, with a slightly lower roof and with the front elevation stepped back by 300mm. At a width of 3.5m it would add more than 50% to the existing frontage. It would provide a further bedroom, a shower room and utility room on the ground floor, allowing the existing fourth bedroom to become a second study/office. On the first floor the whole of the new area would be a living room with windows to the rear and side. On the second floor the additional space would be used to provide a large new bedroom with en-suite bathroom, and a dressing room and larger en-suite bathroom for the existing master bedroom. The new side elevation would have two full size windows at first floor and an additional window at second floor.12.Construction of the extension would require part of the garden and its retaining wall to be taken back, at the side and front corner of the house, and a new retaining wall to be built. At the entrance regrading would be required, together with cutting back of the leylandii hedge, to give access for construction and then to provide the proposed second parking space. The construction period is expected to be at least six months.13.On 21 January 2022 the Council confirmed to the applicants’ architect that the proposal for a three storey side extension, submitted for pre-application advice, was considered acceptable overall, subject to formal consultation with neighbours and relevant consultees. Reference was also made to the need to submit details of how a new supporting wall in the garden could be achieved safely.
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- Introduction
- The factual background
- The legal background
- Evidence for the applicant
- Ground (a): Are the restrictions obsolete?
- substantial
- Ground (c): Will the proposed modification cause injury to persons entitled to the benefit of the restrictions
- Determination
- jurisdiction
- discretion
- Right of appeal