Appeal 3308527

The appeal is allowed and planning permission is granted for a rear dormer loft conversion with obscure glazed ensuite window to side elevation at [site address] in accordance with the terms of the application, Ref.22/01571/HOUSE, dated 6 June 2022, subject to the following conditions:

The development hereby permitted shall begin no later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in strict accordance with the following approved plans: HD/ [postcode] /SITE; HD/ [postcode] /EXT-ELEVATION; HD/ [postcode] /EXT-FIRST; HD/ [postcode] /EXT-GROUND; HD/ [postcode] /EXT-ROOF; LOCATION PLAN; HD/ [postcode] /PROP-ELEVATION (showing flank window obscured glass); HD/ [postcode] /PROP-FIRST; HD/ [postcode] /PROP-GROUND; HD/ [postcode] /[name]; HD/ [postcode] /PROP-SECOND & HD/ [postcode] /SECTION.

The materials to be used in the construction of the external surfaces of the dormer structure hereby permitted shall match those used in the existing building.

The main issue in the appeal is the effect of the proposal on the living conditions of the occupants of 8 and [address] in relation to privacy when in their rear gardens.

The appeal site is located within the Kent Downs Area of Outstanding Natural Beauty. It is a two storey mid-terrace house on a south-eastern side of [address]. It is part of a reasonably densely developed housing development in the village of Eynsford. [address] is accessed off the A225 and [address] is connected to [address]. Nos 8 and [address] are neighbouring terraced properties, with narrow rear gardens. The appeal site has a small rear garden and this backs onto the side wall of the rear garden to no.[address].

Planning permission is sought for the construction of a dormer structure in the rear roof slope of the appeal site and the insertion of a window in the side elevation of the main house which would face southwest and be located on the [address] side of the property. There would be two windows in the dormer which would face in a south easterly direction.

Direct views from the proposed dormer could look down towards those parts of the rear gardens of no’s 8 and [address] which are immediately outside the rear doors of their dwellings. On my site visit, I was able to have access to, amongst other things, the rear gardens of both no’s 8 and 9, and to see the nature and heights of boundary treatments.

The dwellings in this housing enclave off the A225 have been constructed in reasonably close proximity to one another. There is a significant level of existing mutual overlooking between dwellings not only between dwellings on [address] and [address] but also from the rear of [name] which face the A225. Generally, parts of rear gardens can be seen from surrounding properties given the high numbers of dwellings and the layout which has been adopted.

In respect of no.[address], I consider that the area immediately outside the rear elevation would remain relatively private given the separation distance from the proposed dormer windows and given the height of the fence in place. Any overlooking of the remainder of the garden from the proposal would be oblique and would not in my view be worse than existing views from first floor rear windows of no’s 4 and [address] and some of the cottages known as [name].

In respect of no.[address], whilst there would be the ability to overlook part of the immediate area outside the rear elevation, the boundary treatment would continue to provide an area of privacy as it is particularly high. Views of the remainder of the garden would not be materially more extensive than existing views from first floor rear windows in 4, 5 and [address] or more distantly from some of the cottages known as [name]. I consider therefore that any loss of privacy to the occupants of no.[address] would not be to an unacceptable level.

I conclude that the proposed development would not unacceptably harm the living conditions of the occupants of either no.8 or no.[address] by reason of loss of privacy. The proposal would not be in breach of policy EN2 of the [name] and Development Management Plan (adopted 2015).