Appeal 3278901

The appeal is allowed and planning permission is granted for a two-storey rear extension and associated works at [site address] , Newmarket, [postcode] in accordance with the terms of the application, Ref 21/00697/FUL, dated 29 April 2021, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: P-6428-02 (April 2021) and P-6428-03 (April 2021).

The external surfaces of the development hereby permitted shall be constructed in the materials shown on the application form section 5.

The site visit was undertaken by an Appeal Planning Officer whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

The Government published on 20 July 2021 a revised version of the National Planning Policy Framework (Framework). Accordingly, and in light of the reference made to the previous iteration of the Framework within the submitted evidence, the parties have been provided with a further opportunity to make submissions in respect of the publication. In this respect, I am mindful that the parties have not made any further submissions regarding the revised Framework. However, in light of this re-consultation, I am satisfied that any references made to the revised Framework within this decision would not be unreasonable to them.

I am aware that there is another appeal1 which has been submitted on the same site for a similar scheme, with a smaller window serving bedroom one. That appeal is the subject of a separate decision which has been allowed and granted planning permission. Accordingly, this is a material consideration which I will have regard to in this decision, although the scheme will be determined on its own merits.

The main issue in the appeal is the effect of the proposed development on the living conditions of the occupiers of the neighbouring dwellings, 115 and [address], in relation to privacy.

The appeal property is a two-storey detached dwelling with an existing single storey projection to the side and rear. The surrounding area is residential in nature, with the dwellings on this side of [address] adjoining the rear boundary of the dwellings on [address].

The Design Guide Supplementary Planning Document (SPD) (2012) requires the rear elevation of any dwelling to be located at least 10m from the rear boundary. The proposed rear elevation of the two-storey rear extension would be 5.6 metres from the rear boundary and therefore would not comply with this guidance.

The rear window on the first-floor extension would be closer to the boundary than the existing rear windows. Whilst this would provide views into the rear gardens of Nos. 115 and 117, these would be similar to views from the existing three first floor windows on the rear of the dwelling, all of which serve bedrooms. The increased proximity to the rear boundary, would not be substantial enough to result in significantly worse overlooking than at present. Furthermore, the dwellings at Nos. 115 and 117 are a sufficient distance from the boundary to prevent any overlooking into the rear windows of these properties.

It is noted that the proposed first floor window on the rear elevation is a Juliet balcony. However, although a larger window, there is no elevated terrace or outdoor areas for seating. Views would be akin to a smaller window and would not result in an increased loss of privacy.

Although it would not comply with the SPD, the proposed development would not result in significant harm to the living conditions of the neighbouring occupiers and would not conflict with Policy ENV 2 of the East Cambridgeshire Local Plan (2015). This Policy seeks to ensure that development does not have a significantly detrimental effect on the residential amenity of nearby occupiers.

A condition requiring the development to accord with the approved plans has been included, as this provides certainty and precision. A condition requiring the use of materials to be in accordance with those stated on the application form is also necessary to ensure an appropriate appearance for the development. 1 APP/V0510/D/21/3282066

For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.

I have considered all the submitted evidence and the Appeal Planning Officer’s report and on that basis the appeal is allowed.