Balcony at first floor with new doors

Appeal Decision Site visit made on 8 January 2018 by Alexander Walker MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd January 2018 Appeal Ref: APP/X2410/D/17/3187871 14 Holbourne Close, Barrow-upon-Soar, Leicestershire LE12 8NE  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Mr and Mrs Coyne against the decision of Charnwood Borough Council.  The application Ref P/17/1652/2, dated 2 August 2017, was refused by notice dated 20 September 2017.  The development proposed is a balcony at first floor with new doors. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the development on the living conditions of the occupants of the neighbouring residential property, No.16 Holbourne Close, with regard to privacy. Reasons 3. The proposed balcony and doors would be at first floor level in the west gable end of the appeal property. The gable end faces on to the front elevation of No.16 Holbourne Close. There are a number of windows in the front elevation of No.16 at both ground and first floor level. 4. Due to the orientation of the appeal property, the proposed doors would not directly face No.16. Nevertheless, whilst at an angle to them, the doors would still allow clear views of the neighbouring windows, particularly those towards the southern end of the front elevation. Given the proximity of the doors to the windows, approximately 12m, this would result in an unacceptable loss of privacy in the rooms that these windows serve, to the detriment of the living conditions of their occupants. 5. The Council refer to Appendix 4 of the Charnwood Borough Council Leading in Design Supplementary Planning Document (SPD) 2005 and a minimum of 21m separation distance. However, this standard is in reference to the separation distance between rear building elevations containing main habitable room windows. Neither the elevations in the appeal property or No.16 which are the subject of concern comprise rear elevations. Therefore, I do not find that this standard is relevant. Appeal Decision APP/X2410/D/17/3187871 2 6. In addition, the doors would allow views of the rear garden of No.16. I acknowledge that the existing garage would restrict these views to some extent. However, much of the garden would still be overlooked, thus diminishing the level of privacy enjoyed by the neighbouring occupants. This would be exacerbated by the difference in ground levels between the two properties, with the appeal property being on higher ground than No.16. 7. I find therefore that the proposal would result in an unacceptable loss of privacy to the neighbouring occupants of No.16, which would significantly harm their living conditions. As such, it would fail to comply with Policy CS2 of the Borough of Charnwood Local Plan 2015, which seeks to ensure that development protects the amenity of people who live nearby. It would also fail to comply with saved Policy EV1 of the Borough of Charnwood Local Plan 2004, which seeks to ensure that development meets all standards relating to residential amenity. Other Matters 8. The appeal site lies within the Barrow upon Soar Conservation Area (CA). The Council have raised no objection to the proposal in respect of whether it preserves or enhances the character or appearance of the area. Based on the evidence before me and the observations I made during my site visit, I find that that it would have a neutral effect on the significance of the CA and therefore would preserve its character and appearance. However, this does not outweigh the harm I have identified above. Conclusion 9. For the reasons given above, having regard to all matters raised, the appeal is dismissed. Alexander Walker INSPECTOR