Removal of porch and erection of a single storey extension at the front of the house, with a balcony at first floor level. ’ Decision
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Inspector’s Reasoning
Appeal Decision
Site visit made on 15 August 2024 by J Reed MPlan
Decision by John Morrison BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 4 November 2024
Appeal Ref: APP/P2935/D/24/3346070
34 Shaws Park, Hexham, Northumberland NE46 3BJ
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as
amended) against a refusal to grant planning permission.
• The appeal is made by Mrs Rhiannon Robinson against the decision of Northumberland
County Council.
• The application Ref is 24/00588/FUL.
• The development proposed is described as the ‘removal of porch and erection of a
single storey extension at the front of the house, with a balcony at first floor level. ’
Decision
1. The appeal is allowed, and planning permission is granted for development
described as the ‘removal of porch and erection of a single storey extension at
the front of the house, with a balcony at first floor level’ at 34 Shaws Park,
Hexham, Northumberland NE46 3BJ in accordance with the terms of the
application, Ref 24/00588/FUL, subject to the following conditions:
1) The development hereby permitted shall begin no later than three years
from the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: Proposed Front Elevation, Location
Plan, Proposed Side Elevation (West), Proposed Lower Ground Floor Plan,
Proposed Upper Ground Floor Plan and TQRQM24049144739237.
3) The external materials of the development hereby permitted shall match
those used in the existing dwelling.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard
before deciding the appeal.
Main Issue
3. The main issue is the effect of the proposed development on the living
conditions of the occupiers of No 35 Shaws Park with specific regard to privacy.
Reasons for the Recommendation
4. The appeal scheme would comprise of adding the balcony into the recessed
section of the front of the appeal building, which is a staggered gable. Since No
34 is set slightly forward of No 35, it will be possible to gain a view of the first
floor windows from said balcony. This would however be a very oblique view
and for which one would have to lean out over the balustrade in an unnatural
Appeal Decision APP/P2935/D/24/3346070
position. Given also the balcony would be principally facing forwards over the
roofs of opposite dwellings and north across the valley, it is highly unlikely
users would choose to look towards No 35 in any event. In terms of sideways
views from the balcony, this would be mainly over the front elevation, front
garden and driveway of No 35 which is otherwise exposed to the public realm
where one’s expectation of privacy would be very limited.
5. I accept that there may, to a small degree, be a perception of being overlooked
for neighbouring users of the rooms served by the upper floor windows of
No.35. However, and for largely the same reasons above, users would have to
intentionally position themselves to the edge of the balcony, directly adjacent
to No 35. This is unlikely to occur with users view funnelled to the north.
6. For this and the above reasons, I am not persuaded that, although the balcony
does undoubtedly create opportunities for limited views of No.35’s windows,
any additional impact would not be so significant as to be unacceptable in the
existing context. As a result, the proposal would comply with Policies of QOP 2
and HOU 9 of the Northumberland Local Plan 2021, which aim to safeguard the
living conditions and privacy of neighbouring occupiers amongst other things.
Conditions
7. Time limit and plans conditions are necessary and reasonable in order to
provide certainty and for enforcement purposes. A condition requiring matching
materials is necessary in the interests of good quality inclusive design.
Conclusion and Recommendation
8. The appeal scheme would comply with the development plan and there is
nothing sufficiently compelling to indicate otherwise. I therefore recommend
the appeal be allowed, subject to the conditions stated.
J Reed
APPEAL PLANNING OFFICER
Inspector’s Decision
9. I have considered all the submitted evidence and my representative’s report
and on that basis the appeal is allowed, subject to the conditions set out
above.
John Morrison
INSPECTOR
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