Appeal 3338154
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
A clearer next step
See how Inspectors approached issues like yours
Bring your planning decision into a private workspace. We separate the disputed points, then match them with source-located Inspector reasoning from similar appeals.
- See which issues the decision appears to turn on
- Compare the facts and open the full appeal records
One private comparison
How the refusal review worksOne-off service · No subscription
Similar appeals are evidence to inspect, not a prediction of your outcome.
Official decision document
The decision, section by section
4 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
to alter side fenestration involving insertion of new window at first floor level.
Section 02
Decision
This appeal is allowed and the planning permission Ref 23/01142/FLH to alter side fenestration involving insertion of new window at first floor level at [site address] granted on 20 December 2023 by Epsom and Ewell Borough Council is varied by deleting condition 4.
Section 03
Main issue and Reasons
Planning permission has been granted to allow the insertion of a first-floor window in the side elevation of No [site address] . The appeal seeks permission to carry out the development without complying with condition 4. This requires the window to be obscure glazed and fixed shut. The main issue is whether the condition is necessary to ensure the privacy of adjoining properties.
Policy DM10 of the Epsom and Ewell Development Management Policies Document (2015) sets out the design requirements for new developments. Amongst other things it advocates that development should have regard to the amenities of neighbours and includes a reference to privacy. The Council imposed the condition to protect the privacy of No 56.
The proposed new window would serve a stairwell and would enable the appellant to have views from the first floor onto her driveway, which runs between No 54 and No 56.
I observed on my site visit that No 56 has three windows in the ground floor side elevation which faces No 54. One window is obscure glazed and the remaining two are clear glazed. As a result, I accept that there is a pre-existing level of overlooking between the two properties.
The approved window would serve a stairwell and landing area which would be used by the occupiers of No 54 on a non-habitable basis. Furthermore, views out of the window would be restricted to the top of the stairs and the landing areas. These areas would be set back from the approved window which combined with the angle would, I consider, limit views out of the window. Any views of the rear garden of No 56 would be oblique and restricted to the less sensitive rear of the garden.
Consequently, I consider that if the approved window was clear glazed and openable it would not result in a loss of privacy to the residents of No 56. As a result, the condition would not be necessary and therefore would fail the test for conditions as set out in paragraph 56 of the National Planning Policy Framework.
I note that the property is in the Green Belt and within the Hospital Cluster Conservation Area. I agree with the Councils assessment that the window would not affect the openness of the Green Belt or adversely affect the character or appearance of the Conservation Area. The use of clear glazing rather than obscure glazing does not alter this conclusion.
Section 04
Conclusion
For the reasons given above and having considered all other matters raised, this appeal should be allowed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 38003No official casework-database value to compare
- Extracted decision date · page 1
- 12 July 2024Matches the official casework database
- Extracted site visit dates
- 9 July 2024 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3338154
- Application reference
- 23/01142/FLH
- Lead case reference
- Not recorded
- Planning authority
- Epsom and Ewell Borough Council
- Planning authority code
- E07000208
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Planning Appeal
- Procedure
- Written Representations
- Development type
- Other minor developments
- Appeal type reason
- 4. Grant planning permission for the development subject to conditions to which you object
- Appeal reason
- Appeal Against Conditions
- Type detail
- Planning Appeals - Other
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- 10 m²
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- Not recorded
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Allowed
- Decision category
- Allowed
- Received date
- 4 February 2024
- Valid date
- 14 March 2024
- Start date
- 5 April 2024
- Planning authority decision date
- 20 December 2023
- Appeal decision date
- 12 July 2024
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 53953
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:27
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21