Appeal 6002459

The appeal is allowed and planning permission is granted for elevational changes to include larger window to the rear elevation combining 3no. existing windows and proposed sandstone cladding to existing ground floor porch / cloaks at [site address] , Hoylake, Wirral [postcode] in accordance with the terms of the application, [name]/24/01602, subject to the following conditions:

The development must be begun not later than the expiration of three years beginning with the date of this permission.

The development hereby permitted shall be carried out in accordance with the following approved plans: • 1472-24-01-105 Rev P1 • 1472-23-01-102 Rev P3 • 1472-23-01-103 Rev P4

The external surfaces of the development hereby permitted shall be finished in the materials detailed on approved drawing “1472-23-01-103 Rev P4”.

The proposed development was amended during the planning application process and the description of the development in my formal decision, and the above banner heading, is therefore taken from the Council’s decision notice. Both the main parties were consulted on, and agreed with, this approach.

As mentioned above, the proposal was amended during the planning application process and as part of their submission the appellant has suggested that they would ideally prefer to seek approval for the larger single window as detailed on the plans originally submitted to the Council.

However, the procedural guidance1 explains that the appeal process should not be used to evolve a scheme, and it is important that what is considered by the Inspector is essentially the same proposal that was considered by the Council and interested parties at the application stage.

Furthermore, the originally submitted plans, showing a larger single window, also include an alternative external finish to the ground floor porch / cloaks than that which was ultimately considered by the Council when it made its decision.

In view of the above, and having regard to case law, I cannot therefore be certain that determining the appeal based on the plans originally submitted with the planning application would not be prejudicial to the Council and interested parties. I have therefore determined the appeal against the plans considered by the Council when it made its decision.

The main issue is the effect of the proposed development on the living conditions of the occupiers of number [address] (No. 2a), with particular regard to loss of privacy.

The appeal building is a large, detached property located in a predominantly residential area. The evidence before me details that the property currently operates as 3no. flats, one on each floor, with the front garden area utilised by the ground-floor flat, and the rear garden area owned and used by the first-floor flat (No. 2a).

The appeal proposal relates to the ground-floor flat at number [address] (No. 2) and seeks to re-configure and alter a number of existing openings in the rear elevation, to create two larger window openings with a lower cill level.

The plans show that the proposed windows to be altered and enlarged serve a shared kitchen / dining area and during my visit I observed that these windows currently provide a view towards the rear garden area used by No. 2a, when both standing or seated within this room. However, an existing hedgerow within this garden area, positioned close to these existing windows, currently provides a screen between these openings and the lawned garden area of No. 2a.

Nevertheless, I also observed that the rear garden area of No. 2a currently experiences some level of overlooking from neighbouring occupiers. Most noticeably from the second-floor window in the rear elevation of the appeal building serving the second-floor apartment, as well as the first-floor bay window in the side elevation of the adjacent property next door (to the north). Additionally, elements of this rear garden area are also currently overlooked from the first-floor windows in the rear elevation of the property to the rear on [address].

As such, and based on my observations on site, I find that the proposed alterations and enlargement of these windows, including the lowering of the cill level, would not result in any meaningfully greater level of overlooking or loss of privacy into the garden area of No. 2a in comparison to that experienced from the existing windows in the rear elevation of the appeal property, as well as from other adjacent neighbouring properties. 1 Procedural Guide: Planning appeals – England. For appeals relating to applications dated on or before 31 March 2026 (updated 18 February 2026)

In coming to this view, I acknowledge the comments from the Council and occupiers of No. [address] to these windows is not owned by the appellant and therefore any reliance upon this feature to provide screening from the enlarged openings in the future cannot be guaranteed. However, I found that if this hedge did not exist the occupiers of the appeal property would have a clear view into this rear garden area from the existing windows in their rear elevation.

As such, regardless as to whether or not this hedgerow was to be retained in the future, I do not find that the proposed alterations and enlargement of the rear windows, as detailed on the submitted plans, would significantly alter the relationship between the appeal property and the rear garden area of No. 2a.

In view of all the above, I therefore conclude that the appeal proposal would not have an unnacceptable impact upon the living conditions of the neighbouring occupiers at No. 2a. The proposal therefore complies with Wirral Local Plan 2022 – 2040 (2025) Policy WD 23, where it seeks to ensure, amongst other things, that developments avoid direct overlooking and loss of privacy, detrimental to living conditions of neighbouring residents.

The appeal site is located within the Kings Gap Conservation Area (KGCA) and Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires me to pay attention to the desirability of preserving or enhancing the character or appearance of the KGCA.

[address], I found the significance of this part of the KGCA derives from the attractive design of the large buildings set within spacious plots and the wide street layout. Overall, the area has a pleasant, verdant and suburban character. The appeal dwelling, with its attractive appearance, large size and set back behind a front boundary wall and garden demonstrates these defining characteristics. It therefore makes a positive contribution to the significance of the KGCA.

I saw that the rear elevation of the appeal property includes a mix of window designs, sizes and styles. I therefore find the proposed alteration and enlargement of the proposed windows in the rear elevation would not result in any harm to the KGCA. Furthermore, the proposal also includes the cladding of the existing side porch in sandstone, which I observed was a material found elsewhere within the KGCA. As such, I also find the cladding of the porch in sandstone would not result in any harm to the KGCA.

Consequently, I find that the appeal proposal would not have a harmful effect upon the significance of the KGCA as a whole and would therefore preserve the character and appearance of this designated heritage asset.

The Council has provided some suggested planning conditions, which I have considered against paragraph 57 of the Framework, and the advice contained in the Planning Practice Guidance.

In addition to the standard time limit condition (1), I have attached a condition specifying the approved plans to provide certainty (2).

Whilst not requested by the Council, in order to safeguard the character and appearance of the area, I have also imposed a condition which requires the external surfaces of the development hereby permitted to be finished in the materials detailed on the approved drawing (3).

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