[2023] UKUT 00185 (LC)

The applicants seek to have the building restriction discharged from both the 1986 and 1989 transfers on the grounds that the restriction ought to be deemed obsolete due to a change in the character of the neighbourhood since it was imposed. They submit that the change in character arises from implementation of the prior approval in March 2022 for an additional storey to be constructed on each block of flats in Beechwood Manor. The approved plans were submitted in evidence, together with the report of the case officer recommending approval.

The objectors say that the character of the two terraces of houses has not changed since they were built, and attribute that to the benefit of the restrictions. They make no reference to the prior approval for an additional storey to be added to the blocks of flats within Beechcroft Manor.

On my inspection I observed that construction of an additional storey had commenced on the block shown on the plan above as Nos. 28 to 36, with scaffolding erected and protective sheeting around the upper level. Work to the block shown as Nos. 37 to 45 appeared to be at a very preliminary stage, with no scaffolding erected. Although it was not possible to see what the completed development will look like, I have the benefit of the approved elevation drawings submitted by the applicants in their bundle. These drawings, together with my observations on site, lead me to conclude that an additional floor of flats added to existing three storey blocks, in materials to match the original and with no change to the footprint of those blocks, will not give rise to a change in character of the neighbourhood. Moreover, in the case officer’s report supporting approval it is stated at paragraph 26:

“…The proposal would increase the height and massing [of the blocks] however, it is not considered that this would be harmful to the character or appearance of the existing buildings or the wider area. …”

The application under ground (a) for discharge of the building restriction fails because there is no change in the character of the neighbourhood arising from implementation of the prior approval, nor any other material circumstances to suggest that the restriction ought to be deemed obsolete.