Demolish existing side elevation garage. Replace garage with incorporation of utility room at rear. First floor side elevation extension over garage/utility
📊
See the success rate & inspector analytics
Free to view — just create an account, no payment needed.
Sign Up FreeTechnical Issues Heatmap
Residential Amenity
Green Belt Policy
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 18 April 2018
by N McGurk BSc (Hons) MCD MBA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 1st May 2018
Appeal Ref: APP/J0405/D/18/3196276
57 Great Lane, Bierton, Aylesbury, HP22 5DE
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 G Bolitho and Ms N Trafford against the decision of Aylesbury
Vale District Council
The application Ref 17/03705/APP, dated 16 September 2017, was refused by notice
dated 28 November 2017.
The development proposed is demolish existing side elevation garage. Replace garage
with incorporation of utility room at rear. First floor side elevation extension over
garage/utility.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue in this case is the effect of the proposed development on the
living conditions of the occupiers of No 1a Grendon Way, with regards to
outlook.
Reasons
3. The appeal property is a two storey detached dwelling with a single storey
garage, located close to Great Lane’s junction with Grendon Way. The property
has a single storey extension to the side and rear. It is situated in a residential
area, characterised by the presence of semi detached and detached dwellings
set back from the road behind gardens and/or parking areas and with gardens
to the rear.
4. The presence of gardens, wide grass verges and occasional trees affords the
area green and spacious qualities.
5. Number 1a Grendon Way comprises a two storey detached dwelling fronting
Grendon Way but positioned at the corner of Great Lane/Grendon Way such
that it sits alongside the appeal property. The elevation of No 1a which faces
out towards Great Lane is set slightly further back than the front elevation of
the appeal property.
6. The elevation of No 1a which faces directly towards the side elevation of the
appeal property contains three ground floor windows to habitable rooms, as well
Appeal Decision APP/J0405/D/18/3196276
2
as two obscure glazed windows to the first floor. This elevation is separated
from the side of the appeal property by a narrow passage and a brick wall with
planting above. There is a further narrow passage alongside the appeal
property.
7. During my site visit I observed that, whilst the appeal property and No 1a
Grendon Way appear close together, the existing boundary wall provides for a
degree of privacy whilst the presence of the narrow gaps between the two
properties, combined with the relatively low height of the appeal property’s
single storey garage and rear extension, provide for some sense of openness
and space in respect of the outlook from No 1a’s facing ground floor windows.
8. The proposed development would result in a first storey addition to the side of
the appeal property in very close proximity to the ground floor kitchen and
dining room windows of No 1a. I find that this would have the effect of replacing
the existing outlook with a much more oppressive one, such that the proposal
would appear so tall, wide and immediate as to “loom” above No 1a’s kitchen
and dining room windows. As such, the proposal would appear visually intrusive
and would unduly dominate the outlook from those windows.
9. Taking the above into account, I find that the proposed development would
harm the living conditions of the occupiers of No 1a Grendon Way with regards
to outlook, contrary to the National Planning Policy Framework and Aylesbury
Vale District Local Plan (2004) Policy GP8, which together amongst other things,
seek to protect residential amenity.
Conclusion
10.For the reasons given above, the appeal does not succeed.
N McGurk
INSPECTOR
Expert Representation
Don't leave your appeal to chance.
Inspectors are inconsistent. We build a technical defense using precedents from our 182,000+ case archive.
No win, no fee Householder representation — you only pay if you win.