Appeal 3306849

The appeal is allowed and planning permission is granted for a new door opening formed in position of existing window at first floor level to front elevation and formation of balcony including installation of glazed balustrade system on existing flat roof at [site address] , [name], Wigan [postcode] in accordance with the terms of the application, [name]/22/93737/HH, dated 29 June 2022, 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: JORD/02 Dwg 01; JORD/02 Dwg 02; JORD/02 Dwg 03 and JORD/02 Dwg 04.

The balcony hereby permitted shall not be used until an obscure glazed privacy screen that is 1.8 metres above the floor of the balcony has been fitted on the side of the balcony nearest to [address]. Details of the privacy screen shall be submitted to and approved in writing by the local planning authority before the privacy screen is installed and once installed the approved privacy screen shall be retained thereafter.

The main issue is the effect of the proposed development on the character and appearance of the area.

The three-storey detached appeal property lies at the end of a road lined by detached dwellings on one side. The dwellings are two or three storeys high and are constructed from brick with pitched roofs. The appeal property benefits from a single storey flat roof extension across the front of the property.

Two and three pane window openings populate the front elevations of the three properties which the appeal property forms part of. These openings have a linear emphasis which provides the three dwellings with a consistent appearance. Other dwellings in the road contain fenestrations with a greater vertical emphasis. These include either longer windows or Juliet balconies with patio doors.

By replacing the existing window with a patio door there would be a change in the appearance of the appeal property, and that of the row of three properties. However, given the more varied character and appearance in the road which includes large linear openings, and the proposed opening’s alignment with the existing windows at first floor level, the proposed change in the property’s architectural detailing would be complementary.

The formation of a balcony on top of the single storey extension would introduce a new design feature to the property and the street scene. That said, the balcony would be of a modest size and scale, and it would integrate effectively with the dwelling’s front elevation in a manner not to dissimilar to the Juliet balconies found on nearby properties. Although the proposed balcony would be on top of the ground floor extension, unlike the Juliet balconies, the balcony and the proposed glazed balustrade would allow the brick façade of the dwelling to remain the dominant characteristic. As such, I do not consider that the balcony would dominate or adversely affect the character and appearance of the appeal property or the area.

I conclude that the proposed development would not harm the character and appearance of the area. Therefore, the proposal would accord with Policy CP10 of the Core Strategy Development Plan Document and the [name] Planning Document (SPD). These jointly seek, among other things, development to improve the built environment by ensuring new development respects and acknowledges the character and identity of the borough and its locality, in terms of the materials, siting, size, scale and details used; is integrated effectively with its surroundings and helps to create attractive places.

Due to the small-scale nature of the proposed balcony, I am satisfied that its use would not cause an unacceptable adverse impact to the living conditions of the occupants of [address], even though it could potentially be used at any time of day. However, a privacy screen on the side next to No. 15 would ensure that there would be no loss of privacy felt by those residents, particularly at first floor. This could be secured through a planning condition.

I have imposed an approved plans condition in the interests of certainty. In the interests of the living conditions of the occupants of No. 15, I have imposed a condition to secure a privacy screen.

The proposal would accord with the development plan as a whole and there are no other considerations, including the Framework, that indicate that I should take a different decision other than in accordance with this. For the reasons given above, I conclude that the appeal should be allowed.