Appeal 3332152

The appeal is dismissed.

An application for costs was made by [name] against Charnwood Borough Council. This application is the subject of a separate decision.

My attention has been drawn to policies of the [name] of the Charnwood Local Plan 2021-37 (July 2021). However, I have insufficient information to determine the stage of preparation or whether the referenced policies are the subject of any unresolved objections. As such, I afford the policies of the emerging plan limited weight in the determination of this appeal.

I have used the original description of development from the original planning permission for the replacement dwelling1 above in the header as it accurately reflects the development. The description of the current application being appealed simply refers to the removal of condition 11 of the original permission. 1 Application Reference: P/19/2486/2

Planning permission for the replacement dwelling included a condition removing all permitted development rights. Following the appellants application to remove this condition, the Council varied the condition, reinstating some but not all permitted development rights. The Councils delegated report and appeal statement indicates that the condition is necessary to protect the living conditions of neighbouring residents with particular regard to privacy and outlook. The appellant objects to the condition as they consider exceptional circumstances have not been demonstrated to justify the condition.

As such, the main issue is whether the condition is reasonable or necessary in the interests of the living conditions of neighbouring residents, with particular regard to privacy and outlook.

The appeal site comprises a large, detached dormer bungalow in a backland position. It is orientated at [address] fronting properties on [site address] with modest side and rear gardens adjoining the neighbouring properties. The bungalow is positioned higher with a raised footpath surrounding the dwelling and the land sloping steeply towards the southwest.

Additions, extensions or enlargements and curtilage structures are limited by a number of conditions as set out in [name], B and E Town and Country Planning (General Permitted Development) (England) Order 2015. Whilst certain alterations may be acceptable, due to the significant slope of the land and the limited separation distances between the bungalow and the neighbouring properties, it is likely that a number of alterations allowed by permitted development rights would increase overlooking opportunities and result in an overly built form in the context of the plot size, that would appear dominant when viewed from the neighbouring properties.

As such, the dwelling, together with permitted development alterations, would conflict with Policy CS2 of the Charnwood Local Plan 2011 to 2028 [name] (November 2015) and Policy EV/1 of the Charnwood Local Plan 1991- 2006 [name] (January 2004) where they collectively seek to ensure that development protects the amenity of people who live nearby.

Accordingly, I find that the disputed condition is reasonable and necessary in the interests of the living conditions of neighbouring residents, with particular regard to privacy and outlook.

I note the sites planning history as explained by the appellant, including visits from the council enforcement officer and the Council’s complaints procedure. [name] understand the appellants frustrations, these matters do not lead me to an alternative conclusion with regard to the main issue.

For the reasons given above, the appeal is dismissed.