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Hi LegalBeagles,
I am new to this forum and am hoping for some advice from the knowledgeable people on here.
I am looking to appeal a refused planning decision by Bridgend county borough council.
The sole ground for refusal was on a visual amenities basis (there was no issue with privacy, overbearing, etc.)
There were no objections from town council or any neighbors, There was even a letter of support from my neighbor and from the local councilor.
Please see the below from my rejection report:-
The roof alterations would fail to represent a complimentary or compatible alteration, particularly when viewed alongside the symmetrical neighboring plots and wider street scene.
Note 14 of SPG 02 – Householder Development highlights dormer extensions should be sympathetic to the existing house in their shape, position, scale and materials and, although the scheme proposes relatively minor changes to the existing structure, the alterations would materially and harmfully alter the form and general character of the host property introducing a noticeable and somewhat alien addition to the area. Whilst historically there may have been roof balconies present along the street, the site context as it is viewed today should be the fundamental starting point in assessing the visual implications of the scheme, with the alterations considered detrimental to the character of the host dwelling and wider visual amenities currently enjoyed in the locality.
Also to note, there is not a great 'street scene' as apart from my house and the two adjoining terraces, the street is a mix of differing building shapes and residential buildings with no continuity.
Further, please see attached images. My house is the right of the 3. I am looking to reinstate the dormer balcony.
So my question is, do i have any legal standing / acquired easement for a front dormer balcony? is there any relevant case law that would assist my appeal? the house was built around 1890 and the balcony was in use for at least 80 years.
My view and main argument is that this is the original build designed by the founding architect. His view on 'character of the host building' should out trump the view of the Planning Officer.
Any help would be greatly appreciated!
Many t hanks,
Carl
I am new to this forum and am hoping for some advice from the knowledgeable people on here.
I am looking to appeal a refused planning decision by Bridgend county borough council.
The sole ground for refusal was on a visual amenities basis (there was no issue with privacy, overbearing, etc.)
There were no objections from town council or any neighbors, There was even a letter of support from my neighbor and from the local councilor.
Please see the below from my rejection report:-
The roof alterations would fail to represent a complimentary or compatible alteration, particularly when viewed alongside the symmetrical neighboring plots and wider street scene.
Note 14 of SPG 02 – Householder Development highlights dormer extensions should be sympathetic to the existing house in their shape, position, scale and materials and, although the scheme proposes relatively minor changes to the existing structure, the alterations would materially and harmfully alter the form and general character of the host property introducing a noticeable and somewhat alien addition to the area. Whilst historically there may have been roof balconies present along the street, the site context as it is viewed today should be the fundamental starting point in assessing the visual implications of the scheme, with the alterations considered detrimental to the character of the host dwelling and wider visual amenities currently enjoyed in the locality.
Also to note, there is not a great 'street scene' as apart from my house and the two adjoining terraces, the street is a mix of differing building shapes and residential buildings with no continuity.
Further, please see attached images. My house is the right of the 3. I am looking to reinstate the dormer balcony.
So my question is, do i have any legal standing / acquired easement for a front dormer balcony? is there any relevant case law that would assist my appeal? the house was built around 1890 and the balcony was in use for at least 80 years.
My view and main argument is that this is the original build designed by the founding architect. His view on 'character of the host building' should out trump the view of the Planning Officer.
Any help would be greatly appreciated!
Many t hanks,
Carl
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