Appeal 3364817

The appeal is allowed and planning permission is granted for ‘Single storey side and rear first floor extension’ at [site address] in accordance with the terms of the application, Ref 2024/07919/PA, subject to the following conditions:

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

The development hereby permitted shall be carried out in accordance with the following approved plans: Proposed Site Plan & [name]. 103-24-01 and [name] & [name]. 103-24-03.

The external materials of the extension hereby permitted shall match those used in the existing building.

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 main issue of the appeal is the effect the proposal would have on the living conditions of [address], with particular regard to outlook and light.

[site address] is a semi-detached property located in a predominantly residential area. The existing single storey side extension of No. 114 sits directly on the boundary that divides it from neighbouring property [address]. There is a gap between the two properties’ side walls as a driveway runs along the side of the neighbouring property. No. 116 has a ground floor window which serves a kitchen, looking out towards the wall of No. 114.

The proposal seeks to construct a first floor side and rear extension that would sit over the footprint of the existing side and rear ground floor extensions, with a hipped roof to match the existing roof form.

The kitchen window of No. 116 already faces towards the appeal property’s side elevation; I acknowledge that the proposed development would increase the existing built form in height. However, given the separation and depth of the existing building from this kitchen window at No. 116, any impacts associated with light or outlook from the proposal, would not be so adverse, when compared to the existing situation, as to result in any unacceptable impact on the living conditions at this neighbouring window.

The distances set out within the [name] 2022 under section LW-3 appear to relate more clearly to overlooking and loss of privacy issues. Therefore, the guidance set out within this SPD does not appear to be relevant to my assessment of the proposal. Even if it was, I have considered the proposed development on its own merits as set out above and any deviation from this guidance would not unacceptably reduce the level of light or outlook received by the kitchen window at No.116.

The proposed development would therefore have an acceptable effect upon the living conditions of No. 116 with particular regard to outlook and light. Therefore, the proposal accords with the relevant provisions of Policy DM2 of the DPD (2021) and Policy PG3 Birmingham Development Plan (2017) (DP). These, amongst other things, address the need for high quality design to protect the living conditions of existing buildings and their occupants.

The Council’s decision also refers to Policy TP27 of the DP (2017). I have not assessed the proposed development against this policy as it primarily relates to new housing.

In addition to the standard three-year period implementation condition, which is a statutory requirement, it is necessary, in the interest of certainty, to define the plans with which the appeal scheme should accord. In order to protect the character and appearance of the surrounding area and the host dwelling, I am attaching a condition requiring materials used in the construction of the external surfaces of the development to match those used in the existing building.

For the reasons given above and having had regard to all other matters raised, I recommend that the appeal should be allowed. [name] - APPEAL PLANNING OFFICER

I have considered all the submitted evidence and my representative’s report and on that basis the appeal is allowed. [planning inspector] - INSPECTOR