Variation of Condition

Local Council: Enfield

Appeal Result: Allowed (Permission Granted)

Description: Variation of a condition to allow an additional meter in depth making the rear extension a total of 6m (Retrospective).

Refusal Stated: "The proposed single storey rear extension, by reason of its depth and failure to secure a common alignment of rear extensions, and in seeking to leapfrog surrounding development, results in an excessive depth of extension, disproportionate to the character of the property and visual catchment area. In addition, the proposed single storey rear extension would harm neighbouring amenity given the siting of the extension, its height, as well as the level differences between the properties. Consequently, the proposal would be contrary to the NPPF, London Plan policies 7.4 and 7.6, Core Strategy policy CP30 and Development Management Document Policies DMD 8, DMD 11 and DMD37."

Background: An earlier design had been approved by Enfield Council, but the client applied for a variation of condition to gain an extra 2m in depth. Unfortunately, local guidance would not allow for this increase in length. However, the stakes were raised considerably by the fact that the development (including the extra 2m) had been fully built by the time the case went to appeal. Using local and national policy to support the case, LSE successfully persuaded the Planning Inspectorate that the extra length posed no harm to the neighbours' amenity or the host property. The key factors that enabled us to pursue this line of reasoning included the significant level of vegetation shielding the adjoining neighbour and the use of very high-quality materials in the construction of the extension.