Mr & Mrs Moran approached us when their application for extensions to their house in Coulsdon, in the London Borough of Croydon, was refused planning permission.
They had a comprehensive proposal to completely reconfigure and update their home, including a two-storey side extension, a single-storey rear extension and a rear dormer.
Croydon Council rejected the application on design grounds, arguing that the extensions had “a lack of subservience”, and they were also concerned about a possible impact on a protected tree.
A Resubmission, Before An Appeal
We are planning appeal specialists, but it is not always the best strategy to submit a planning appeal straight away. It is sometimes a better idea to try and improve your proposal (in light of the council’s objections) and then resubmit your application. Even if you expect that it will be refused again, your improved scheme will be better placed to win an appeal.
In this case, we helped the Morans to sort out the tree issue, before making a new planning application. The protected tree in a neighbour’s garden was in poor condition and was felled before the new application was submitted. We obtained a tree report confirming that there was no further issue.
We considered whether any changes should be made to the design of the extensions before resubmitting the application, but we felt that the design was high quality and well considered, so the plans were resubmitted without any changes. We wrote a detailed Planning Statement to accompany the application and to argue the case for the proposal. When the council refused the application again, we were ready to immediately submit an appeal.
The Planning Appeal Statement
Our planning appeal statement carefully dismantled each of the council’s arguments and built a positive case for the appeal development. We explained the rationale behind the architect’s approach, showing that the proposed extensions met all relevant design policies and guidance and integrated well with the main house and neighbouring properties.
We also used photographic evidence and detailed analysis to show that the proposal was an appropriate addition to a diverse streetscene. We explained in some detail why we thought the proposal would enhance, rather than harm, the area’s character.
Design is Subjective
The case highlighted a common issue in planning decisions when it comes to homeowner extensions and smaller developments. Local planning policies require that extensions represent ‘good design’, but don’t always explain what that means.
The main policies in this case were Croydon Local Plan policies SP4 and DM10 and London Plan policies D1 and D4, but these are pretty vague policies, simply requiring that developments have a high-quality design, respect the character of the area, are appropriate in terms of their scale and massing and make appropriate use of materials.
Ultimately, design is subjective. There are general principles of good design (such as scale, symmetry, detailing, combinations of colours and materials), but decisions also bring in the personal aesthetic preferences of the decision maker and individual interpretation of terms like ‘character’.
In planning appeals, we often find that local council case officers can be very rigid when it comes to design, but that appeal inspectors take a more flexible approach. That is one of the many reasons why it is worth appealing a decision where you feel that your case officer and reached the wrong conclusions.
The Inspector’s Decision
The inspector challenged the council’s assumptions about policy requirements. He noted: “I have not been referred to any policy or guidance which requires that approach” regarding subservient design.
Rather than applying rigid design rules, the inspector assessed the proposal against its specific context. He observed that “properties along Howard Road exhibit a variety of designs, and many have been extended.” He noted that “there are also properties along the road that have a symmetrical form.”
The inspector focused on design quality rather than design philosophy. He stated: “Through the cohesive design proposed, the resultant property would be similar in scale to others along the road, and the materials and detailing reflect the existing property.”
We were delighted when the appeal was allowed and planning permission was allowed for the redevelopment of the Morans’ family home.
Croydon is one of our busiest boroughs for planning appeals and we find them particularly prone to weak refusals when it comes to issues of design.
Check out some of our other recent planning appeal successes in Croydon here and here.
For more guidance on how to come up with a winning design for your development project, check out Martin Gaine’s book, How to Get Planning Permission: An Insider’s Secrets.
If you have been refused planning permission in Croydon, or anywhere else for that matter, contact us for some free advice.
