This appeal related to a proposal for a first floor rear extension to a residential property in the London Borough of Brent.
The council had refused planning permission on the basis that, when considered alongside existing development at the property, the proposal would result in an excessive level of built form.
At ground floor, a six-metre-deep rear extension had already been constructed under permitted development rights, and a rear dormer had also been added at roof level.
In refusing the application, the council treated the cumulative effect of these works as unacceptable. However, both the ground floor extension and the dormer were lawful and already in place. The appeal therefore required the inspector to assess only the impact of the proposed first floor rear extension itself.
At appeal, it was argued that the first floor extension was modest in scale, well designed and clearly subordinate to the host property. The inspector agreed, finding that the extension would integrate successfully with the existing building and would not appear excessive or over-dominant when viewed in context.
The inspector concluded that the proposal would not cause harm to the character or appearance of the property or the surrounding area. The appeal was allowed and planning permission was granted for the first floor rear extension.
This case demonstrates that existing lawful development must be taken as part of the planning baseline, and that councils cannot revisit the acceptability of works that have already been carried out under permitted development rights.
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.
