Install one Velux roof window, model SK06, size 114 cm by 118 cm in south elevation roof

Appeal Decision Site visit made on 17 September 2018 by Robert Parker BSc (Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 28 September 2018 Appeal Ref: APP/F1230/D/18/3203135 1 Bennetts Court, 6 Colliton Street, Dorchester DT1 1XH  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 Tony Davis against the decision of West Dorset District Council.  The application Ref WD/D/17/002887, dated 6 December 2017, was refused by notice dated 26 April 2018.  The development proposed is install one Velux roof window, model SK06, size 114 cm by 118 cm in south elevation roof. Decision 1. The appeal is allowed and planning permission is granted for installation of one conservation style roof window, size 980 mm (H) x 780 mm (W) in south elevation roof at 1 Bennetts Court, 6 Colliton Street, Dorchester DT1 1XH in accordance with the terms of the application, Ref WD/D/17/002887, dated 6 December 2017, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan, Site Plan (Drawing no. 1001), Section 1A and Revised rear elevation dated 15 March 2018. 3) The roof window hereby approved shall be of the conservation style. It shall be of timber construction, dark grey in colour, with a single vertical glazing bar and installed such that it does not protrude above the plane of the roof. Procedural Matter 2. The description of development in the banner heading above is taken from the application form. The plans were amended during the course of the application to show a smaller conservation style roof window. The Council made its decision against the revised plans and I shall determine the appeal on the same basis. I have adjusted the description of development in my formal decision to reflect the changes to the scheme. Main Issue 3. The main issue is the effect of the proposal on the living conditions of occupiers of residential properties to the rear of the site, with reference to privacy. Appeal Decision APP/F1230/D/18/3203135 2 Reasons 4. The appeal property is one of a pair of recently constructed semi-detached houses which back onto a row of cottages in Grey School Passage across a parking area. Both of the Bennetts Court properties have rear facing first floor windows and therefore there is already mutual intervisibility with the cottages. 5. The Council is concerned that the proposal would lead to harmful overlooking. Although the new roof window would be elevated in comparison to the existing first floor windows, it would also be situated further away from the southern plot boundary. This means that any views towards the neighbours are unlikely to be more intrusive. In any event, the plans show that the roof window would have an internal sill height above floor level of 1.7 m. This would be sufficient to restrict views into properties and gardens to the rear of the site. 6. Accordingly, I conclude that the appeal scheme would not have a significant adverse effect on the living conditions of occupiers of adjoining residential properties through loss of privacy. There would be no conflict with Policy ENV16 of the West Dorset, Weymouth and Portland Local Plan 2015 insofar as it seeks to minimise the impact of proposals on the amenity and quiet enjoyment of existing residents. Other Matters 7. I note that there is a condition attached to the planning permission for Bennetts Court which removes permitted development rights for extensions and alterations, including the creation of new openings. This does not mean that such works are automatically unacceptable, it simply brings them within the control of the local planning authority. Each proposal must be considered on its own merits. 8. Although concerns have been raised regarding light pollution and flicker from televisions, the effect on neighbours would not be significant. Given the number of roof lights on other buildings in the locality, I do not consider that the proposal would have an unacceptable adverse impact on the night sky. 9. The proposed roof light would be of timber construction and dark grey in colour, with a single vertical glazing bar and mounted flush with the roof slope. The design and size would be acceptable and appropriate to the site’s location within the Dorchester Conservation Area and in close proximity to listed buildings. Conditions 10. In addition to the standard commencement condition I have attached a condition requiring the development to be carried out in accordance with the approved plans, in the interests of certainty. To preserve the character and appearance of the Conservation Area a further condition is required to secure use of the conservation style roof window. Conclusion 11. For the reasons given above, and having regard to all other matters raised, I conclude that the appeal should be allowed. Robert Parker INSPECTOR