This appeal related to a single-storey rear extension at a residential property in the London Borough of Brent, for which retrospective planning permission had been refused.
The council’s concerns were based primarily on its Residential Extensions and Alterations Supplementary Planning Document (update: a new version of this SPD was adopted in 2025).
While the council accepted that the height of the extension roof itself was acceptable, it argued that the parapet walls on either side resulted in the development exceeding the usual three metre height guideline.
The council also considered that the extension would have an unacceptable impact on neighbouring living conditions, in particular by reducing daylight to a rear bay window at the adjoining property.
At appeal, the inspector assessed the proposal in detail, including its height, design and relationship with neighbouring properties. The inspector concluded that the marginal additional height created by the parapet walls did not result in material planning harm. No convincing evidence was found to support the council’s concerns regarding loss of light, and it was noted that no objections had been raised by neighbouring occupiers.
In reaching the decision, the inspector concluded that the proposal complied with the relevant development plan policies and design guidance when assessed on its actual impacts, rather than by rigid application of numerical limits.
The appeal was allowed and retrospective planning permission was granted for the single-storey rear extension.
This decision was particularly important for the owners, as the extension had already been constructed in the belief that it was permitted development and the council had served an enforcement notice requiring its removal. The appeal decision avoided the need for demolition and the significant cost and disruption that would have followed.
If you have been refused planning permission for a householder extension, we regularly advise on planning appeals in Brent and can provide clear advice on the prospects of success.
Where enforcement action has been taken, we also advise on planning enforcement appeals in Brent.
