Appeal 3283572

The appeal is allowed and planning permission is granted for a two storey front and side extension and rear pergola, alterations and additions to openings, new chimney and new side gate at [site address] , Wheathampstead [postcode] in accordance with the terms of the application, Ref 5/21/1374, dated 10 May 2021, subject to the following conditions:

The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: [name]: 46WA-100-SK, Site Location Plan.

The external surfaces of the development hereby permitted shall be constructed only of materials, the type and colour of which match exactly those of the existing building or as otherwise stated on the application form or approved plans.

The revised National Planning Policy Framework (the Framework) was published in July 2021. The main parties were given the opportunity to comment on the implications of the revised Framework. I am satisfied that no party has been prejudiced by my consideration of the appeal proposal in light of the revised Framework.

The main issue is whether the disputed condition is reasonable and necessary in order to maintain the living conditions of adjoining residents.

The appeal site is located on the corner of [address] and [address]. The proposed two storey side extension would project from the existing gable wall to a position close to the existing footway. Two windows are proposed in the new gable wall at first floor level. Neither of the windows in the new gable wall are shown on the proposed plans as having any opening elements (as opposed to others which are indicated to be openable).

The window to the proposed en suite to the main bedroom is labelled on the approved plan ([name]. 46WA-100-SK) as obscure or opaque glass. However, the Council indicate that a condition is required to ensure that the window is maintained as such in perpetuity. In this regard I find compliance with the approved plans is required by virtue of condition 2 and any variation to that condition would require approval from the Council. Consequently, an additional condition requiring it to be obscure glazed, and non-opening, is not necessary.

The view from the new first floor side facing window serving the proposed main bedroom would be primarily along [address]. As opposed to the en suite window, that is not proposed to be obscured or opaque (and therefore it would inherently, afford a view). However, the view would encompass the front gardens of the properties to the north of the appeal site. These areas are clearly visible from the public realm and other properties in the area, and the scheme would consequently not result in a meaningful loss of privacy in that regard.

The unobscured window would also face towards the gable wall of [address]. I noted on my site visit that there were no windows in the gable elevation of that property and consequently I am satisfied that there would be no intrusion of privacy into rooms within No 44. Views into the rear garden of No 44 would be severely restricted by the projection in the proposed new gable wall, the acute angle of view and the distance between the observer and the garden. Any views would be no more intrusive than those from other nearby properties in [address] or [address].

In light of the above I find that condition 4 is not necessary to prevent unacceptable adverse effects on the living conditions of adjoining residents. Consequently, the resultant development would not be contrary to the Policy 72 of the [site address] District Local Plan Review 1994 which, amongst other matters, requires all development to ensure good living conditions for existing and neighbouring buildings. Similarly, no conflict would arise with Framework paragraph 130. F) which seeks to maintain a high standard amenity for all.

I therefore conclude that the appeal should be allowed, and a new planning permission granted without the disputed condition, but retaining those non-disputed conditions from the previous permission that are still relevant.