Appeal 3322346

The appeal is dismissed.

Planning permission was granted in November 2022 for the erection of a detached garage with office space in eaves. I observed during my site visit that this development appears largely complete.

The condition in dispute, condition No 3, requires first floor north facing windows to be obscure glazed and to be non-opening below 1.7 metres. During my site visit, I observed that the first floor north facing windows are in breach of this condition.

The application the subject of this appeal seeks the removal of condition No 3. This condition was imposed to minimise the effect of the development on the privacy and amenities of neighbouring occupiers.

The main issue in this case is the effect of the removal of the condition on the living conditions of neighbouring occupiers, with regards to privacy.

Number [site address] is a two storey detached dwelling set close to the edge of pavement along [address] in a residential area characterised by the presence of a range of dwellings, including detached, terraced and semi-detached dwellings and dwellings of one and two storeys in height. Many dwellings along [address] tend to be set relatively close to the road, some behind gardens/parking areas and dwellings tend to have longer gardens to the rear.

The appeal property has a long, L-shaped garden to the rear. Towards the end, this garden runs alongside the short rear gardens of two storey terraced dwellings along [address] and close to the rear garden of a two storey detached dwelling along that same street.

The detached garage with office space referred to above is located towards the end where the rear garden widens out into its L-shape. As noted above, the development appears largely complete. It comprises a relatively large structure and the office element is set at first floor level and has north facing dormers. The windows the subject of condition 3 are set within these dormers and face directly towards the rear of the aforementioned dwellings along [address].

During my site visit I observed that, whilst there is some planting along the appeal property’s boundary with the rear gardens of the dwellings along [address], the windows the subject of condition 3 still provide potential for the overlooking of gardens, especially when trees are not in full leaf, and for direct views towards the rear windows of these dwellings. 10.Taking this together with the relatively close distance between the dormers and the properties along [address] into account, I find that these north facing first floor windows have a detrimental impact on the privacy of the occupiers of dwellings along [address]. 11.The harm arising from this is exacerbated by the overall scale and height of the garage with office space, such that its dormer windows appear prominently, as dominant features located in a commanding position, when observed from the direction of these dwellings. 12.Taking all of the above into account, I find that the removal of condition 3 would harm the living conditions of neighbouring occupiers, with regards to privacy, contrary to the Framework, to Core Strategy1 Policy CS2; to Local Plan2 Policy DS5; and to the Council’s Design Supplementary Planning Document (2020), which together amongst other things, seek to protect residential amenity. 1 Reference: Charnwood Local Plan 2011 to 2028 [name] (2015). 2 Reference: Charnwood Local Plan 1991-2006 (2004). 2