The larger home extension prior approval process exists for a reason. Parliament decided that homeowners should be able to build deeper rear extensions – up to 6m for a semi-detached or terraced house – subject only to neighbour impact being assessed. It is not the same as a planning application, and the council shouldn’t treat it as if it is.
In this case, Ealing refused prior approval for a 6m rear extension to an end-of-terrace house, arguing that it would be overbearing and harm the neighbour’s outlook.
In our view, that decision was overly rigid.
The proposal was for a straightforward, single-storey rear extension. It had a flat roof at 3m in height, with a roof lantern rising to 3.72m. The site was unusual in that the rear boundary angled away from the neighbouring property, meaning the extension would not project squarely toward the adjoining house. In addition, there was dense, mature evergreen planting along the boundary.
The council nevertheless concluded that the extension would be unacceptably overbearing.
We appealed against the council’s decision. Our case was that the prior approval regime only allows the council to assess specific impacts on neighbours. It is not an opportunity to apply general design concerns or raise other, unrelated issues.
Our appeal statement argued that:
- The extension was modest in height.
- The angled boundary reduced any sense of enclosure.
- The existing planting already created screening.
- There would be no harmful loss of light.
- The relationship was materially no worse than many similar extensions already found acceptable.
We also referred to previous Ealing appeal decisions where inspectors had taken a more balanced and realistic approach to 6m extensions.
The inspector agreed. He concluded that the proposal would not cause unacceptable harm to the neighbour’s living conditions and allowed the appeal. Prior approval was granted.
This case is a good example of the difference between how councils and inspectors sometimes approach larger home extensions. Councils can be cautious – sometimes excessively so. Inspectors tend to focus on the actual planning test set out in the legislation.
If you have been refused prior approval for a larger home extension, it is often worth challenging the decision.
For more information about planning appeals in the borough, see our dedicated page on planning appeals in Ealing.
