Appeal 6002607

The appeal is allowed, and planning permission is granted for alterations to and extension of [address] farmhouse at [site address] , Godington, Oxfordshire [postcode] , in accordance with the application Ref 25/02123/F, without compliance with condition number 4 previously imposed on planning permission Ref 23/03303/F dated 25 January 2024 and subject to the following conditions:

Except where otherwise stipulated by conditions attached to this permission, the development shall be carried out strictly in accordance with the information contained within the application form and the following approved plans: Planning Statement, [name]: 6345.01 and 6345.02.

Prior to the commencement of the development hereby approved above slab level, or application of the insulation wrap, whichever is sooner, a schedule of materials and finishes for the external walls of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved schedule.

The address on the application form includes reference to ‘ [site address] ’. This is a description of the location, rather than part of the address. For this reason, I have omitted it from the banner heading above and my formal

Planning permission was granted in January 2024 for alterations and extensions to the dwelling. The approved development included a number of windows at ground floor and first floor. In particular, a first floor side facing window serving a ‘main bedroom’.

To safeguard the privacy and amenities of the occupants of the neighbouring property, The Briars, condition 4 of the planning permission required the window to be obscurely glazed and non-opening below a height of 1.7 metres when measured from the bedroom’s internal finished floor level.

The proposed development has been constructed and the first floor side facing window serving the main bedroom has been installed. However, the window is fitted with clear glazing. As a traditional casement window, it is also openable below a height of 1.7 metres from the internal floor level.

The appeal scheme seeks the removal of condition 4 so that the window can remain clear glazed and openable. Therefore, the main issue is the effect that removing condition 4 would have on the living conditions of the occupiers of the neighbouring property known as The Briars, with regard to privacy.

The appeal site comprises a two-storey detached property located along a quiet country lane, within a rural setting. The property has recently been extended and has an ‘L’ shaped footprint. It occupies a generous plot, set significantly back from the road, as are many of the other houses within the row of properties that front the lane. Including the adjacent property, The Briars.

The Briars is set behind the appeal property, beyond the shared side boundary. As a consequence, parts of the large front garden and front elevation of The Briars, which contains ground and first floor windows, are visible from the rear facing first floor windows of the appeal property. In particular, the first floor window of the appeal property closest to the shared side boundary, which serves a large bedroom.

In these circumstances, existing windows of the appeal property already overlook the windows on the front elevation of The Briars, as well as parts of the front garden.

Without obscure glazing fitted to the side facing first floor window, which serves a main bedroom of the appeal property, the windows on the front elevation of The Briars, and parts of the front garden are visible from the window. However, the distance from the window to the shared side boundary is considerable. Indeed, the distance is much greater than the distance between the existing first floor windows on the rear elevation of the appeal property and those aspects of The Briars close to the front elevation. Combined with the vegetation and fence on the shared boundary, which provide some screening, the level of overlooking of the neighbouring property from the first floor side facing window is limited.

With a larger window located on the rear elevation, the side facing first floor window is a secondary window to the bedroom. The larger window has an outlook over the rear garden of the appeal property and land beyond the rear boundary. As such, even if the bedroom is occupied by a live-in carer, the prospect of occupiers looking out of the secondary window would be somewhat reduced.

Additionally, the front garden of The Briars is a large space and due to its size, as well as a frontage hedge, not all aspects of the garden are visible from the windows of the appeal property. Likewise, and for similar reasons, not all of the front garden is readily visible from the lane. As such, although located adjacent to the road, the front garden has a degree of privacy and aspects of the garden are private. I am also mindful that The Briars has a rear garden and although it is adjacent to a manège on neighbouring land, the area would continue to provide amenity space for the occupiers, with a degree of privacy.

Overall, in the above circumstances, the first floor side facing window would not result in a significant loss of privacy to the occupiers of The Briars.

Consequently, for the above reasons, I conclude that the removal of condition 4 would not harm the living conditions of the occupiers of the neighbouring property known as The Briars, with regard to privacy. Therefore, the appeal scheme would not conflict with Policy ESD15 of the Cherwell Local Plan 2011-2031 Part 1 and Policy C30 of the Cherwell Local Plan 1996, which together, amongst other things, include requirements for developments to achieve acceptable standards of amenity for neighbours, including their privacy.

The guidance in the Planning Practice Guidance makes clear that decision notices for the grant of planning permission under section 73 of the Town and Country Planning Act 1990 should also restate the conditions imposed on earlier permissions that continue to have effect. [name] have no information before me about the status of the other conditions imposed on the original planning permission, I shall impose all those that I consider remain relevant.

In this case, the development has been carried out, and the extensions have been constructed. As such, the standard commencement condition is no longer necessary. However, I have included a plans condition for certainty. I have also re-imposed an external materials condition, as the Council suggest that this has not been discharged. In the event that it has been discharged, that is a matter which can be addressed by the parties.

For the above reasons, having taken account of the development plan, along with all other relevant material considerations, I conclude that the appeal is allowed, and a new planning permission is granted, excluding the previous restriction that the first floor side facing window should be obscure glazed and non-opening.