Appeal 3348848

The appeal is allowed and planning permission is granted for a raised patio of 5mx5m and 54cm high to be added to the rear of the property at [site address] in accordance with the terms of the application reference P0603.24, subject to the following conditions:

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: Location plan, [name] 1, [name] 2

The materials to be used in the construction of the external surfaces of the development hereby permitted shall be in accordance with those stated on the application form.

Prior to the completion of the development, details of privacy screening/fencing to the side boundary of the decking adjacent to [address] shall be submitted in writing to the Local Planning Authority for approval. The privacy screening/fencing shall be carried out in accordance with the approved details and retained thereafter.

The main issue is the impact of the development on the living conditions of the occupiers of [address] with regard to privacy.

At my site visit I was able to access the rear garden of the appeal dwelling and closely examine the relationships with surrounding properties. The decking would allow for unobstructed views into the adjoining rear amenity area at no.131. Whilst there is already an element of mutual overlooking between houses, the incidence would significantly increase as a result of the proposal. _________________________________________________________________________________ __________________________________________________________________________________________

The Planning Practice Guidance states that conditions can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects.

To this end, I consider that the adverse overlooking of no.131 could be mitigated through the formation of additional border screening, for example a planted trellis or living fence, such that any adverse loss of privacy would be prevented. There would be sufficient space along the boundary of the decking for such elements to be created, and to be constructed at a level that would ensure the protection of the living conditions of the occupants of no.131. The precise location, height and materials to form the screening/fencing would be the subject of a condition.

I therefore conclude that the scheme would not result in harm to the living conditions of the occupants of [address] in respect of privacy. It would be consistent with Policy 7 of the Havering Local Plan 2021 and the Council's Residential Extensions and Alterations Supplementary Planning Document 2011 in relation to the protection of amenity.

I have considered the imposition of conditions in light of advice in Planning Policy Guidance and the Framework. In addition to the standard implementation condition, the approved plans are listed for certainty. A condition requiring external materials in accordance with those stated on the application form would provide for a satisfactory appearance. A condition requiring the submission of privacy screening/fencing is necessary to ensure the protection of the living conditions of the occupants of no.131.

Based on my findings and all other factors, the appeal is allowed.