Appeal 3341845

The appeal is allowed and planning permission is granted for a rear orangery and associated alterations at [site address] in accordance with the application reference 2024/70/90050/E without compliance with condition 4 previously imposed on planning permission reference 2023/62/92423/E, dated 25 October 2023.

The main issue is the effect on the living conditions of the residents of [address] with regard to privacy.

The orangery has been built and is complete but the side facing windows are not obscure glazed as required by condition 4 of the planning permission. Although the house is built at an angle to the neighbouring property, from inside the orangery it is possible to view back towards the back corner and rear of the neighbouring dwelling. There is a high fence which forms the boundary between these properties which is in the region of four metres from the new www.planningportal.gov.uk/planninginspectorate Appeal Decision: APP/Z4718/D/24/3341845 windows. The tops of the ground floor rear openings; and the first floor windows, of the neighbouring property can be viewed over the fence but the angle does not allow for views from the orangery into the accommodation within the house.

When stood up in the orangery and looking directly towards the neighbouring garden area outside the house, it is possible to see over the high fence and onwards towards the upper part of the fence on the opposite boundary. At an eye height of 170cm and when stood close to the nearest part of the window, the fence provides a good screen to most of the garden area immediately outside the neighbouring house. It would perhaps be possible to view the heads of adult residents when stood outside the house but little below about head height would be visible, even in longer views across the back of the house. Views of the garden area further from the house are also very limited and would be little different to views from the original living room window. There is no material reduction of privacy in the adjacent garden when sat within the orangery.

Planting has taken place along the boundary which reduces inter-visibility further. I have not taken this into account as it may not offer significant screening in the winter. Overall, whilst there is a marginal increase in the ability to view over the side boundary fence and see the movement of residents in the neighbouring garden, these views are quite limited. The main outlook from the orangery is to the rear. [name] have had regard to the comments and concerns of the neighbours, the marginal reduction in privacy is not sufficient to unacceptably harm their living conditions when in their garden or their house.

The condition requiring the obscure glazing of the side windows would only be reasonable and necessary if the outlook from the orangery would unacceptably harm the living conditions of the neighbouring residents. As the clear glazing of the window results in only a very minor loss of privacy, that would not unacceptably harm the living conditions of the residents of [address], the condition does not meet the tests set out in the National Planning Policy Framework 2023. As the neighbouring residents would continue to have a high standard of amenity with the clear glazing retained, there would be no conflict with the amenity requirements of policy LP24(b&c) of the Kirklees Local Plan

I also find no conflict with [name] 3 of the [name] & Alterations Supplementary Planning Document 2021.

As the obscure glazing of the side facing windows of the orangery is not necessary, I allow the appeal. As the orangery is complete, there is no requirement for conditions to be attached to this varied permission.