Appeal 3360326

The appeal is allowed, and planning permission is granted for a rear first floor balcony off kitchen at [site address] , Brighouse, [postcode] in accordance with the terms of the application, Ref 24/00766/HSE, subject to the following conditions:

The development hereby permitted shall begin no later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plan: [name]. 2- Plans as proposed.

The balcony hereby permitted shall not be brought into first use until the opaque glass privacy balustrade as shown on drawing No 2 - Plans as proposed has been installed and shall be retained as such for the lifetime of the development.

The site visit was undertaken by a representative of the Inspector whose recommendation is set out below and to which the Inspector has had regard before deciding the appeal.

The refusal reason on the Council’s Decision notice states that the properties on [address] are affected by the proposal when in fact it is those on [address]. This has been subsequently confirmed by the Council and is reflected in the main issue below.

The main issue is the effect of the proposed balcony extension on the living conditions of the occupiers of properties on [address] with specific regard to privacy.

The appeal dwelling faces the rear of properties on [address], separated by [address]. The surrounding area is residential and is characterised by modest two and three storey terraced properties. The rear of the terrace containing the appeal property is staggered with its rear elevation set back from the rear façade of the adjacent property at [address]. [address] runs obliquely to [address] and rear gardens become longer close to the appeal property.

The proposal would introduce a small balcony onto the rear of the property at first floor level accessed from the kitchen. Whilst it would allow views of the rear elevations and gardens of these properties the appeal property is located within an urban block where properties have rear yards and gardens and a degree of overlooking already exists.

The appeal plans show the balcony would be fitted with an opaque glazed screen which would mean that occupiers of the balcony when seated would not be afforded views of neighbouring properties. Furthermore, given the location and size of the proposed balcony, the impact would not be too dissimilar to the existing situation from the kitchen window of the appeal dwelling where there is already a degree of mutual overlooking over the gardens in that respect.

The proposed balcony also possesses a modest depth and is likely to be used for activities such as sitting where the proposed opaque privacy screen would maintain a sufficient level of privacy for garden users of [address].

I therefore conclude that the appeal scheme would not harm the living conditions of the occupiers of properties on [address] with specific regard to privacy. The proposal therefore complies with Policy BT2 of the Calderdale Local Plan (2023) which seeks to secure a reasonable degree of privacy in dwellings and prevent overlooking between existing dwellings.

Time limit and plans conditions are necessary and reasonable in order to provide certainty. In order to ensure that adequate privacy is maintained a condition has been included to secure the provision of the opaque glass balustrade to the rear elevation in the interests of the living conditions of neighbouring occupiers. As this is specified on the submitted plans neither party would be prejudiced by the inclusion of a condition to this effect. As the proposal is for a balcony it is not necessary to impose a condition requiring materials to match the existing building.

The proposal would accord with the development plan, when taken as a whole, and there are no material considerations that indicate the appeal should be determined other than in accordance with the development plan. For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed.